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Wednesday, August 13, 2014

If the Common Core Kills a Kid, Is there No Legal Redress?


The Common Core, of course, is copyrighted.  I've read the Public License and several articles on the topic, yet I am by no means an expert on copyright law--by choice.

I read in the Public License that "ANY USE OF THE COMMON CORE STATE STANDARDS OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED."  Bummer!  I'd like to see how far it can fly before it crashes!












The License further states, "ANY PERSON WHO EXERCISES ANY RIGHTS TO THE COMMON CORE STATE STANDARDS THEREBY ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE."


There is some debate about the flexibility of the copyrighted Core.  Some are of the opinion that 15% can be added.  I don't mind admitting I have no idea how 15% would be determined.  Perhaps this is because I am not adequately aligned to the Core.  Others feel more can be changed, but only at the risk of making the standards something less than "common."  God forbid some of us should become extraordinary by another set of standards!

The Core's copyright, held by the National Governors Association (NGA) and the Council of Chief State School Officers (CCSSO), apparently allows states that fully adopt the Core to reprint portions of it without violating the public license.  It is a "limited, non-exclusive, royalty-free license to copy, publish, distribute, and display the Common Core State Standards for purposes that support the Common Core State Standards Initiative" (emphasis added).  I guess this means that those who oppose the Core cannot refer to specific excerpts from the Core in their criticism without risking copyright infringement.  Thus, opponents can do a "close reading," but may either fail by Core standards to cite adequate evidence in their argument or end up committing a crime!  Oh, that's the rub!

Furthermore, the license states, "THE COMMON CORE STATE STANDARDS ARE PROVIDED AS-IS WITH ALL FAULTS," including possibly, lack of "FITNESS FOR A PARTICULAR PUROPSE."  The NGA and CCSSO seem to think they are in no way liable for anything, including "NEGLIGENCE...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."  I already see the side effects on our children and I feel many more silent effects.  Sometimes, it seems like child abuse to me.  Yet, the copyright claims the NGA and CCSSO are "sue-proof." 


The only reassuring statement I found in the document was the following:  "NGA Center and CCSSO reserve the right to "stop distributing the Common Core State Standards at any time."  I wonder how many would agree with me that "there's no time like the present," especially when we risk so much harm to our children by its hand--while the children of its architects escape its wrath.  So, I naturally wonder:  If the Common Core kills a kid or wreaks irreparable harm, is the Core and the holders of its copyright actually "sue-proof?"  Is there no legal redress?

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