Education Sector Contract Management – Key to Pursuits of Ideals

Presented by:   2050 Knowledge Corp.

On Demand | Onsite – Online – T.B.A. – Contact Us 

Scheduled | Onsite – Online

June 25, 2019 |1:00 to 5:00 p.m. | SFU Harbour Centre (1425) – 515 West Hastings St., Vancouver
$225.00 – Plus 5% GST – Added Persons 50% Discount – Cancel at any time – with a full refund. 

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Speaker: John Boon J.D., HKMK Law Canada – John is a practising education and workplace lawyer with decades of experience working with institutions and stakeholders on contract and regulatory matters.

This will interest – education and workplace managers, marketers, recruiters, regulators, students, workers, policy analysts, immigration service providers, workplace experience or other third party service providers.

Introduction

“John Boon has written a thoroughly researched, carefully crafted, and well-organized account of the legal challenges faced by colleges and universities. This excellent book (Out of Print) is a valuable resource.”
Kerry Melear, Professor, University of Mississippi.
“Canada must approach education service markets with the discipline we bring to other industries.” Sergio Marchi, former Canadian Trade Minister, Ambassador to the World Trade Organization.

Education is key to productive workplaces and enterprises – and education, work and initiative are key to personal and collective security, functional states, good governance, competitive businesses in all sectors and sustainable development.  

That importance of education sectors makes education management and regulation just as important and they can only achieve objectives if they fully grasp all elements of a constellation of sector relationships – including commercial and contract realities.

Only positive innovation can end outdated practices, bring costs and student debt down and ensure all people have the lifelong education, adaptive capacity, meaningful work, opportunities for entrepreneurship and security they want and need. 

Some legacies need protection, but forces opposed to change must accept that reliance on centuries old scarcity models, more and more public funds and blank checks – where non-government decisions trigger public expenditure or tie government hands – is not sustainable and not in anyone’s interest.

*** Good management requires good contract management and that requires understanding  relationships and the rights, duties and expectations of diverse parties. Contracts are enforceable promises evidenced by documents, statements or actions. Contract management requires careful pre-contract communication and decisions – and careful communication and compliance in contract periods. 

Core Messages – Service Realities – Quality – Rights – What Education and Work Are … 

  1. Education sectors – public and private – are part of the domestic and global service economy. Institutions assemble services to help students modify their knowledge conditions.
  2. Service constants like production and transaction financing sources vary slightly sector to sector.
  3. Service quality and education service quality mean (in contract and regulatory terms) what they always mean in law. Education services, as the object of quality, must meet student expectations that are contract driven – not government or corporate expectations.
  4. In public and private higher education (and some K-12 sectors) institution and (individual) student relationships are contractual if tuition is paid – and often if it is not because choices have legal consequences. This is legal reality – not ideology or an optional worldview. Courts say so.
  5. Education can be about career prep, personal development, intellectual exploration or the passage of (to the future) and challenges to traditional cultural, economic, political or legal principles.  That purpose in specific cases must remain set by contract parties – not government or corporate masters.
  6. Education is part of the media content sector with distinct features not found in other content sectors and these features have contract significance – the pursuit of pre-defined content and learning objectives, assessments to validate learning and authoritative declarations of that achievement.
  7. The education freedoms of institutions and students – based on the civil right of freedom of contract, natural rights or constitutional rights – must be protected. Public and private institutions are not government or corporate agents, factories or franchises – and are not political communities. They don’t exercise delegated public powers.
  8. No one has enforceable rights to receive (education) or provide (workplace) specific services unless specified parties are obligated by law or contract instrument to provide or receive them.
  9. Governments must responsibly spend and control public dollars and achievement of those goals and goals of protecting education freedoms are not in irremediable conflict.
  10. Profits – in public and private sectors – at the institution or program level can expand capacity, reduce scarcity and remove gateways to opportunity. Profit per student or profit per training outcome are the key metrics. Service innovation is key to program cost control and lower student debt. Cost recovery fees are not contract promised.

Core Messages – Contract Management – Disputes – Education, Work and Business Innovation

  1. This session looks at contracts vital to education ecosystems – and the precise and complementary provisions they must contain. Professionally drafted contracts adapted to each institution and program are often best, but not essential if essential steps are taken.
  2. Education, work and business contracts evolve over time. All must be complied with and enforced and representations and promises must be controlled during pre-contract marketing and contract service delivery periods at all levels. Knowledge of contracts and contract law is needed.
  3. Education service providers assemble services with goods and service supply contracts with in-house staff and external providers or third party firms. This includes workplace integrated learning (WIL) programs that require multiple well-drafted contracts. One contract rarely works. WIL is no longer just a one-time thing emerging from an education program. Institutions and traditional or non-traditional training providers have ongoing relationships and learning can occur in multiple places.
  4. Institution and student contracts must address promised and un-promised elements of education services, assessments, credentials, support services – and post contract relationship outcomes. The links between them and workplaces or businesses are obvious.
  5. Government sample contracts and broad use of policy statements are not best practice.
  6. Education is about preparation of learners for work and enterprise and for personal and social or political life – and its purpose in specific cases is contractual.
  7. Credit transfer agreements are generally between two or more institutions and protections for students not party to those agreements must be addressed in various contracts.
  8. Institution and recruitment or immigration service provider contracts are not education service assembly contracts and if a student contracts with the same or similar parties, several well drafted contracts are essential. One contract rarely works.
  9. Support services – from housing and homestays to business incubators, daycares or counselling services –  may or may not relate to primary education services and what is promised, not promised or conditionally promised must be clear.
  10. Institution designation systems for loan or immigration purposes rely on provincial regulations that try to ensure the quality of education services provided under contract – even though education service, loan and immigration risks are widely disparate.
  11. Serious disputes involving education and workplace contracts are common. Many can be avoided.