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Cuccinelli declines to defend failing schools law

Tuesday - 9/3/2013, 3:50pm  ET

Associated Press

RICHMOND, Va. (AP) -- Attorney General Ken Cuccinelli says he won't defend one of Gov. Bob McDonnell's signature education reform laws in court.

The Virginia School Boards Association and the Norfolk School Board are preparing to challenge the new law allowing the state to take over failing schools. They claim the law usurps local authority granted by the Virginia Constitution.

Cuccinelli says in a letter to the governor that after analyzing the constitutional issues, he's decided his office cannot defend the lawsuit. He did not elaborate.

McDonnell spokesman Tucker Martin says the administration looks forward to working with outside counsel to defend the law.

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