[Ohiogift] Kommon Kore Disclaimer

Will Fitzhugh fitzhugh at tcr.org
Fri Nov 16 10:39:22 EST 2012


Consider: 

Why do the new Common Core Standards need a disclaimer?

Posted by or from a variety of publications on EducationViews.org on November 16, 2012


This is the commercial license language from the disclaimer attached to the Common Core State Standards Initiative Public License, or, simply put,  the Public License for the Common Core Standards. The entire Public License can be found here: http://www.corestandards.org/public-license.

The two organizations mentioned are:  National Governors Association Center for Best Practices (NGA Center) and the Council of Chief State School Officers (CCSSO).

“The result is that significant portions of the states’ educational systems now rest in the hands of private organizations that an individual state cannot control. And, having stripped the people of effective political power and put it in the hands of private interests, the owners of the Standards attempt to insulate themselves from legal liability to the people with broad disclaimers for any damage the Standards might cause.” (Pioneer’s white paper)

Representations, Warranties and Disclaimer:

THE COMMON CORE STATE STANDARDS ARE PROVIDED AS-IS AND WITH ALL FAULTS, AND NGA CENTER/CCSSO MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

Limitation on Liability:

UNDER NO CIRCUMSTANCES SHALL NGA CENTER OR CCSSO, INDIVIDUALLY OR JOINTLY, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY, WHETHER FOR CONTRACT, TORT, STRICT LIABILITY, OR A COMBINATION THEREOF (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE COMMON CORE STATE STANDARDS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH RISK AND POTENTIAL DAMAGE. WITHOUT LIMITING THE FOREGOING, LICENSEE WAIVES THE RIGHT TO SEEK LEGAL REDRESS AGAINST, AND RELEASES FROM ALL LIABILITY AND COVENANTS NOT TO SUE, NGA CENTER AND CCSSO.
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