Yesterday the Washington Post ran an article titled “Global firm to pay Montgomery, Md., schools millions for elementary curriculum.” Essentially, Montgomery County Public Schools (MCPS) have signed a deal with Pearson, the global publishing behemoth, under which MCPS will develop educational curriculum and transfer the copyright to Pearson. In exchange, Pearson will pay $2.25 million, allow MCPS to use the materials their own teachers develop, provide a discount to MCPS for other Pearson products, and give to MCPS a cut of royalties Pearson makes from selling the curricula to other schools. Pearson will have final say over the content that gets created. Pearson will also be able to leverage use the name and recognition of MCPS–one of the highest rated school systems in the country–in marketing the educational curriculum to other schools. The deal was made partly in reaction to a dire budget crisis. Montgomery Superintendent Jerry D. Weast claimed in the Post, “You have to have new ways of doing things when you don’t have money.”
The process by which Montgomery County has partnered with Pearson is unsettling–it seems to have come as a relative surprise to teachers and parents. According to the Parents’ Coalition of Montgomery County Maryland blog, the Pearson contract was a done deal even before it was debated by the school board, and apparetly MCPS has already hired staff with taxpayer dollars to begin working on the curriculum for Pearson.
The downstream effects of the deal are detrimental to teaching and learning in Montgomery County, and potentially to other school districts if Pearson’s marketing efforts are successful. Pearson will be the sole and exclusive owner of all the rights to the curriculum and teacher professional development materials. According to a response penned by the Post’s Valerie Strauss, “[i]f Montgomery County decides it wants to use any of the materials that Pearson issues in its national versions, MCPS will have to pay, albeit at a 60 percent discount.” In order to fill a short term budget crisis, Montgomery County has traded teachers’ creativity and the good name of MCPS.
By transferring the copyright to Pearson, MCPS is throwing away a huge opportunity to engage with teachers, students and content providers in supporting open educational resources. Open education efforts have been blossoming in entrepreneurial schools, state education technology offices, and federal departments. Instead of exploring the benefits to adoption of innovative OER–teaching and learning materials in the public domain or released under an open license that allows for collaboration, customization, and updating of content–Pearson will hold materials under its lock and key, and relicense materials paid for by Maryland taxpayers to other schools around the country.
OER and open education has been discussed in the National Educational Technology Plan, the National Broadband Plan, in proposed federal legislation, and within grant priorities via the U.S. Department of Education. But, with the Pearson deal, we still see the old publishing institutions gobbling up copyrights and replicating the old model akin to those perpetuated by the vilified scholarly publishing industry. Perhaps what’s most frustrating about the Pearson deal is that policymakers and government staff at places like the Department of Education working to support OER have remained generally empathetic to the concerns of the publishing industry. They recognize that there is a a role for experienced publishers in providing quality content and supplemental resources for teaching and learning to schools throughout the U.S. Arne Duncan, U.S. Secretary of Education, reiterated this point in a March 3 speech to the Association of American Publishers:
To support technological innovation in online learning, the president has proposed investing $500 million over ten years in an Online Skills Initiative designed to produce open and free high-quality courses that contribute to post-secondary access and success. These courses can and will be used by students, institutions and self-learners and will also be freely available to commercial firms.
Duncan realizes that innovative teachers, motivated students, and traditional publishers will have a role in helping craft quality educational content, and leaves open the opportunity for publishers to add value (and make money too) with openly licensed materials. However, the Pearson deal gives the publisher complete control of the content–probably not what Duncan had in mind. It now seems that in Montgomery County, publicly funded educational content will be privately owned and controlled by a massive publishing giant.

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