Education Futures – Commercial Reality, Law, Innovation and Opportunity
John Boon J.D.

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For Education Sector Managers, Marketers, Regulators & Students

Book of This Title Now Out of Print

Futurist Richard Worzel: Whenever you think about the future, no matter where you start, if you think about it long enough, you’ll always wind up thinking about education.

“John Boon has written a thoroughly researched, carefully crafted, and well-organized account of the legal challenges faced by colleges and universities. The scope of the book is broad, and it explores numerous important legal issues in detail, from postsecondary operational concerns through student issues that are regularly litigated. Practicing attorneys, administrators, scholars of higher education law, regulators and students will find this excellent book, with its easily readable format and attention to detail, to be a valuable tool and resource.”
Kerry Brian Melear, Associate Professor, University of Mississippi

“Thanks once again for the very thorough and informative presentation.” Jeremy Sabell, Stenberg College, British Columbia Canada

“What a great seminar. Do it again. It was relevant to so many issues we are working on. Thanks.” Pauline Stevenson, Excel Career College, British Columbia Canada
Content Summary

Education is the key to addressing routine and serious problems – security, environment, economic development, jobs, business, public health, failed states. But – What is Education? A focus on reality – real legal, service and cause and effect relationships – is the key in any realm to effective, evidence-based management, regulation and innovation.

If high education ideals are to be successfully pursued then education managers, regulators, students and community or corporate stakeholders must help drive and adapt to positive and disruptive innovations in education – driven by technology and socio-economic change and diverse education service providers and consumers.

These stakeholders do not act in an imaginary world called “Academia”. They are – in public and private sectors – part of a global commercial industry – when tuitions are charged and often when they are not. This is legal reality not ideology. Education enterprise is a huge economic generator itself and all sectors and persons depend on it.

Education is about labor market and personal income needs, personal development, intellectual exploration and the passage of (to future generations) and challenges to traditional cultural, economic, commercial, political and legal principles.

Education is a unique service and media content sector given factors that don’t exist in other content sectors – pre-defined content and learning objectives, assessments to validate learning and authoritative declarations of academic achievement. As with publishing, recording, broadcasting, film or newspapers there are more and more diverse competing education service providers serving consumers in domestic and global markets with targeted products.

In the knowledge economy – where knowledge expands quickly and lies at the centre of production and wealth creation – needs can only affordably be met with entrepreneurship and product reform. Despite what status quo forces argue, throwing endless money at centuries old systems is not the answer.

Education and the Services Economy

  1. Education Services – why they cannot be managed, regulated, innovated or financed unless they are fully understood along with the broader domestic and international service economy with its public and private elements.
  2. Education Service Assembly – the potential for disintermediation – innovation and cost controls.
  3. Public (So-Called) and Private Education – legal realities – distortions and mis-perceptions.
  4. Elephant in the Room – blank checks – private decisions trigger public expenditure or tie government hands.

Legal Reality of Commercial and Contract Relations – Service Quality – Regulation

  1. Five Core Outcomes – contractually promised – not promised – misuse of the term “Outcomes”.
  2. Student-Institution Contracts – key inclusions – what to avoid – limited powers of government – dispute management – program expectations – strikes – other program disruptions.
  3. How contract relations drive regulation – not vice versa.
  4. Education Service Quality – what it has always meant in legal terms – service objects of quality.
  5. Education Regulation – student consumer protection purposes – obstacles to innovation – mixed risk problems – reforms – distinguishing statutory regulation and non-statutory branding programs – why outright program bars violate civil contract freedom rights and likely constitutional rights (See Blank Check problems).
  6. Third Party Accreditation – existing reliance – ways to expand while protecting regulatory integrity.
  7. Education System Profits – why they are not bad – real costs per outcome – profits in public systems.
  8. Education Trade – Internal – International – modes of trade – national and international standards.

Education – Now – Futures – Innovation

  1. Student Activism – why students must take the lead to overcome status quo inertia and build the future they want.
  2. How students, institutions, regulators and stakeholders can drive, steer and adapt to (positive) disruptive innovations.
  3. Instruction innovation – beyond online learning – open systems – common carriage principles.
  4. Innovative approaches to assessments – and credential grants, evaluation, recognition, transfer.
  5. Competency Based Education – not just skills focused education, but non-credit-hour based education.
  6. Workplace Integrated Learning – not a one-time thing – driven from education and workplace.

Education Services and Third-Party Systems

  1. Workplace Integrated Learning – the essential need for effective (multiple) contracts and regulation.
  2. Student Recruitment – three essential and distinct contracts – key inclusions – reforms.
  3. Student Immigration – consultants, lawyers and multiple contract management – study and work permits.

Education Rights and Gateways to Progress

  1. Free Education v Education Freedom – why throwing money at outdated systems is not in the student’s interest – why education innovation, cost controls and workplace integration are the only viable options.
  2. Education “Rights” – why they don’t exist beyond: fundamental rights of freedom of thought, opinion and expression; and the core civil right of freedom of contract and association.
  3. Gateways – removing obstacles in the way of learner, student and worker freedom and fulfillment – institution or program approvals and restrictions, admissions and restricted enrollment, assessments, professions and other status quo restrictions (often not risk justified) on who can do certain work.
  4. Common Carriage Principles and Services – attacking false and needless scarcity – why limited communities of scholars or instructors must give way to more open systems.
  5. International v Domestic Students – accommodating both – the needless creation of false scarcity.