Eagle Forum Legislative Alerts

Friday, May 09, 2014

Common Core Fails to Warranty Product

There are several very peculiar features of the much publicized Common Core standards that are being implemented all over the country despite vehement parental objections. One is that Common Core was developed and copyrighted by the National Governors Association and the Council of Chief State School Officers, which, surprisingly are not government institutions. Apparently this was arranged in order to bypass the four federal laws that prohibit the federal government from having anything to do with public school curriculum. The license agreement that states must sign in order to use Common Core states that those two organizations are "the sole owners and developers of the Common Core State Standards, and no claims to the contrary shall be made." Therefore, no state owns the standards; they are owned and copyrighted by those private organizations.

The other peculiarity about Common Core is that the license agreement makes clear that the owners do not stand behind them or make any claim as to their effectiveness. Here is the specific wording that states must sign in order to use Common Core: "The Common Core state standards are provided as is... and the National Governors Association and Council of Chief State School Officers make no representations or warranties of title, merchantability, fitness for a particular purpose, ... accuracy, or the presence or absence of errors." That's a strange statement because Common core is specifically marketed as the key to making students "college-ready." Yet the agreement that states must sign says that Common Core standards are not guaranteed to have "fitness for a particular purpose." The warranty goes on to say that the state "waives the right to seek legal redress against" the owners of Common Core and "covenants not to sue" the owners for anything. I just think that denial of all responsibility is rather peculiar.

Listen to the radio commentary here:

Tell Governor Fallin: End NGA Support for Common Core

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