If Common Core Standards REALLY Were State Led...

...would the standards then need to be copyrighted?

Look at this language from the Common Core State Standards Initiative website on who developed and owns the standards:

Attribution; Copyright Notice:

NGA Center/CCSSO shall be acknowledged as the sole owners and developers of the Common Core State Standards, and no claims to the contrary shall be made.

Any publication or public display shall include the following notice: “© Copyright 2010. National Governors Association Center for Best Practices and Council of Chief State School Officers. All rights reserved.”

States and territories of the United States as well as the District of Columbia that have adopted the Common Core State Standards in whole are exempt from this provision of the License.

Standards written by state agencies are not currently copyrighted.  Why would these standards need to be copyrighted?  Doesn't that seem odd to you?  If the NGA Center/CCSSO are indeed the sole owners and developers of the CCSS, then how can they make the claim these standards were state led?  Is it because the Education Commissioners are the State Chiefs?  Is "state led" really an accurate label to keep repeating to legislators and the public to assuage their concern about a consortia now directing state educational standards/assessments....and these states cannot alter them in any way?

Below is a blog post with a skeptical eye on this process and promises by the CCSSI.  From Blogush.edublogs.org and Common Core Copyright:

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If the United States Department of Education had created the next set of standards that the country would follow everyone would own the “copyright” to the standards.  States could pick and choose, use it as a reference, make their own prep material.

ANY USE OF THE COMMON CORE STATE STANDARDS OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

Because the Common Core Standards were written by private groups they own the copyright and determine how they are to be used.  For example, if your state agrees to use the standards you may not eliminate even one, but you may add up to 15%.

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. THE RIGHTS CONTAINED HEREIN ARE GRANTED IN CONSIDERATION OF ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

The NGA Center for Best Practices (NGA Center) and the Council of Chief State School Officers (CCSSO) was kind enough to let states use them after they created them.  I mean geez, a few people spent an entire year on them, it was nice of them to share without any strings attached.  I must say they are great, because I think it is against their copyright  to say anything bad about them.

The NGA Center for Best Practices (NGA Center) and the Council of Chief State School Officers (CCSSO) hereby grant 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. 

It does strike me as odd that someone “owns” the standards that all kids will get drilled in.  I guess that means they could sell the rights to them at anytime.  I am wondering if every kid and teacher could put up $1 and maybe make an offer, buy them, and then decide to do something else that doesn’t mean weeks of standardized testing.

NGA Center/CCSSO shall be acknowledged as the sole owners and developers of the Common Core State Standards, and no claims to the contrary shall be made.

The CCSS folks do provide some material for teachers to use to get acclimated, and I know McGraw-Hill is making the questions and providing some sources for one of the two testing consortiums.   Luckily for us McGrw-Hill is a trustworthy company that will stand behind what they produce for teachers and students CCSS needs.

McGraw-Hill makes no representations or warranties as to the accuracy of any information contained in the McGraw-Hill Material, including any warranties of merchantability or fitness for a particular purpose. In no event shall McGraw-Hill have any liability to any party for special, incidental, tort, or consequential damages arising out of or in connection with the McGraw-Hill Material, even if McGraw-Hill has been advised of the possibility of such damages.

 I know that many teachers are excited about moving to a set of standards that are sure to work and improve students’ abilities.  The folks who worked on them are willing to stick their neck out publicly and guarantee that these standards will move America forward back to our place as world leaders in test score.

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…

We should also be thankful that just in case the CCSS end up destroying the lives of our children and making them test prep zombies that we can always rely on our strong judicial system to have our back.

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.

 Long live the CCSS…

Source for all quotes

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