by Lindalyn Kakadelis
Executive Director, North Carolina Coalition for Charter Schools
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.
So, who IS responsible if the standards do not give my child a competitive, quality education?
You sure can’t hold the two organizations, National Governors Association Center for Best Practices (NGA Center) and the Council of Chief State School Officers (CCSSO), who are the “sole owners and developers,” responsible.
One should wonder why such a lengthy disclaimer is needed?
Pioneer Institute makes this observation:
“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.”