Education and Work - Legal Realities - Ideals - Innovation - International Education
Presented By 2050 Knowledge Corporation – Speaker – John Boon, J.D.
 
For – institution managers, teachers and faculty, regulators, students – and anyone interested in education and those that depend on it. 
 

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“John Boon has written a well researched, carefully crafted, and well-organized account of the legal challenges faced by colleges and universities. .” 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.

“Universities fear change and are not organized for optimal management.”  (Former) UBC President Stephen Toope – April 2013

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Education is the key to personal and collective security, functional states, accessible and productive workplaces, competitive enterprises and sustainable development. It is a huge economic generator itself.
 
Education management and regulation can only achieve objectives if they grasp a constellation of sector relationships – including the legal rights and duties of diverse parties.
 
Education, work and business are not distinct linear events. They are inextricably linked because relationships and forces of change force them ever closer together. It is about lifelong learning, reinvention and adaptation.
 
International education continues to grow – in terms of student numbers and its importance to economic development, immigration strategies and the viability and goals of all institutions. It has unique elements, but is an integral part of and not separate from all education systems.
 
Financial reliance on foreign student revenue can distort economic, immigration and education policy – and the mandates and practices of institutions, students, recruiters and immigration service providers.
 
Only innovation can end outdated practices and reduce service assembly and transaction costs and student debt. Only with positive change will all people have the education, meaningful work and security they want and need – instead of what others thrust upon them. 
 
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.
Summary Outline
  1. Education – Media Content – Specific Features – Contract Realities – Quality – Outcomes
    1.  All education service providers – part of the media content sector – distinct features.
    2. Institution and student service contracts – central to a constellation of sector contracts.
    3. Education institutions are corporate contract service providers – if tuition is paid and often if it is not because choices have legal consequences.
    4. Contracts, contract law and public regulation may separately order common relationships.
    5. Service and education service quality in contract and regulatory terms – the proper way to view quality – service factor inputs – promised and un-promised outcomes.
  2. Public and Private Institutions – Both Needed – Relationship to Government
    1. Public and private institutions – similarities – distinctions – legal relationships to government.
    2. Education systems need public and private institutions- imperfect markets – limited public dollars.
  3. Education Freedom and Finance – Education Freedom versus Free Education 
    1. Institutions and students must remain free to decide what they teach and learn.
    2. Governments must remain free to decide how to spend scarce public funds.
    3. Freedom of contract rights – a long protected civil right – closest thing to an education right.
    4. Fundamental or constitutional rights to teach and learn without needless legal restrictions.
    5. Education freedoms, media freedoms and academic freedoms.
    6. Public and private program profits – institution profits – not bad – key metrics.
    7. Performance funding – tied to factors like grad or job rates – reasonable – metrics are wrong.
  4. Education Sector Innovation – The Need to Overcome Status Quo Forces
    1. Learners must be the driving force for education innovation – status quo is not in their interest.
    2. Education must focus on diverse learner needs – diverse providers can meet learner demands.
    3. Innovation – more than online lectures from one institution – no time or place constraints.
    4. Integration and recognition of needed expertise and resources wherever they exist.
    5. New assessment, credentialing or credit transfer systems – mastery is key – not credit hours.
    6. Workplace integrated learning – institution, corporate or professions focused.
    7. Innovation can change the nature of provided services and service contracts.
  5. Contracts and Regulations
    1. Contract management strives for strong relationships – not burdens and lawsuits.
    2. Contracts – institution and student – institution and recruiter – student and immigration consultant – institution or student and other third parties – multiple homestay contracts.
    3. Regulators enforce laws – not contracts – contract parties make and enforce their contracts.
    4. Education quality regulations – service assembly focus – service is object of quality.
    5. Accreditation or designation terms mean nothing outside specific statutes.
  6. Education Services – Recruitment – Immigration Service – Third Parties  
    1. Recruiter and institution contracts – institution and student contract – complementary provisions.
    2. Recruitment induces student entry to institution and student service contract – institution control.
    3. No public or private party can promise immigration permits – decision discretion exists – limited.
    4. It is often best that recruiters are not the legal agent of the institution – for liability reasons.
    5. Immigration consulting and recruitment – distinct – potential conflicts of interest.
    6. Institutions – not equipped to assess or mitigate immigration, security or economic risks.
    7. Conflicts that arise if students, for other purposes, contract with specific third parties.
  7. Canada – Post Grad Work Permits – Private Non-Degree Exclusions – Solutions 
    1. Exclusion of private non-degree program grads from post grad work permits – policy treated as binding law – no statutory foundation – granted discretion unlawfully fettered. 
    2. Exclusion based on never true assumptions of inherent risk and risk free status for excluded and included institutions – results in absurdities not contemplated by lawmakers.
    3. PGWP inclusions – based on study permit designations that depend on quality assurance law compliance – divergent risks with distinct causes can’t be addressed with common restrictions.
    4. Removal of current exclusions and practical solutions do not create open borders.