I've been following the work of two educators I deeply respect and admire for almost 20 years. These are the kind of leaders every school district should have. But it's time they started complying with UNESCO's 2019 Recommendation on OER.
Their new compilation of opinions, experiences, PowerPoint presentations, and excerpts from noted educators begins with the "All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means without written permission from the editors, a specific chapter author and/or the publisher" warning.
I don't believe either educator really wants to enforce that ownership statement. They want to share ideas freely and build a community of professional teachers who exchange experiences and innovations. Instead, they're trapped by education's tired notion that ideas need a restrictive copyright to be taken seriously—a notion that serves the legacy publishing industry but fails students and teachers, especially those with the fewest resources. We must solve first for those with the least.
The Universal Design Paradox
Universal Design for Learning's claim to "universality" fundamentally fails because it ignores UNESCO's 2019 OER Recommendation. This blind spot undermines UDL's own goals and reflects systemic problems with how we distribute educational resources.
UNESCO recognizes that true educational universality demands more than accessible design—it requires resources that are freely available, legally reusable, and adaptable across all contexts without economic, technological, or legal barriers. The 2019 Recommendation calls for educational resources that can be "accessed, used, adapted, and redistributed by others with no or limited restrictions."
Yet UDL typically operates within proprietary ecosystems that contradict these principles. When UDL implementations rely on expensive proprietary learning management systems, subscription software, or copyrighted materials that cannot be modified or shared, they create a fundamental contradiction: resources designed to be universally accessible become universally inaccessible to those who cannot afford them.
Breaking the Proprietary Trap
Proprietary educational publishing undermines teacher expertise by creating closed, static systems. The "all rights reserved" model forces teachers to purchase ideas rather than share resources. Teachers cannot legally copy, adapt, or distribute content, isolating educators and stifling innovation that could make learning more accessible.
This creates a competitive environment where teachers become consumers and 'experts' gain status through commercial metrics rather than educational effectiveness. It prevents the localized adaptations and collaborative improvements that diverse learning communities require.
Open licenses transform this dynamic entirely. Teachers can revise, remix, and redistribute materials, becoming genuine partners in creating universally accessible education. An openly licensed UDL resource becomes a starting point, not a finished product. A teacher can adapt an urban gardening curriculum for desert climates while maintaining UDL's multiple means of representation, engagement, and expression—recognizing both the original author's and adapting teacher's expertise in a resource that can be shared and improved by others.
Building True Universality
OER promotes collaborative communities that align with UDL's values. When teachers improve open resources, they contribute to collective knowledge, fostering continuous improvement that makes education more accessible. This shifts the focus from "experts" to dynamic networks of professional educators addressing localized learning needs.
The adoption of OER represents fundamental trust in teachers as professionals capable of sound curriculum decisions. Until UDL integrates OER principles—making accessibility inseparable from openness, affordability, and global adaptability—its claims of universality remain hollow promises that reinforce educational colonialism.
True universal design for learning cannot exist within closed, proprietary systems that prevent the collaboration and adaptation diverse learning communities require.
