From Seats of Learning to Globally Distributed Virtual
Learning
Peter W. Martin
Cornell Legal Information
Institute
Keynote speech delivered at the
SubTech 2002 Conference, 3-5 July 2002, University of
Warwick
Abstract
'Thirty years from now the big
university campuses will be relics. Universities won't survive.
It's as large a change as when we first got the printed book',
Peter Drucker, Forbes, March 10, 1997.
'A dismal new era of higher
education has dawned. In future years we will look upon the wired
remains of our once great democratic higher education system and
wonder how we let it happen', David Noble, Digital Diploma Mills:
The Automation of Higher Education (2002).
Having done digital course materials
from our earliest days by 1995 Tom Bruce and I had added a full
on-line law course to the LII's product mix. In the years since, as
we have continued, elaborated, and expanded our distance learning
ventures, there have been countless proclamations that
revolutionary, transforming, cataclysmic change was underway.
Before long, higher education would be unrecognizable. Although we
were prompted more by curiosity and conviction that revolutionary
fervor, we kept waiting for the whoosh, the applause, the jostling
company, the seers foretold. And so far, at least in the realm in
which we operate, they haven't materialized. Incremental change ?
yes; radical transformation ? no.
That discrepancy is the subject of
these reflections. They have less to do with technology and
learning than with the institutional factors that affect the pace
and place of change in systems as complex as those that provide and
control higher education.
Keywords : Distance
Learning, CAL, Globalisation, Law Schools
This is a Conference
Paper published on 16 August 2002.
Citation:
Martin P, 'From Seats of Learning to Globally
Distributed Virtual Learning', The Journal of Information, Law
and Technology (JILT) 2002 (2)<http://elj.warwick.ac.uk/jilt/02-2/martin.html>.
New citation as at 1/1/04:
<http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2002_2/martin/>.
1. A Parochial Version of an Old
Story
I begin with a parochial version of
an old and, I would guess, near universal story? one that bears
directly on my thesis that change will come slow? at least as to
legal education, at least in the United States.
During the past year, the committee
of the American Bar Association, charged with recommending changes
in law school accreditation standards has been pondering the
subject of today's sessions.
I should explain for those of you
not familiar with the regulation of professional legal education in
the US that even though admission to the practice of law is a
matter of state control, nearly all states (thankfully not all)
include as a threshold requirement ? that the individual seeking
admission have graduated from an American Bar Association
accredited institution. Thus it is that this membership
organization consisting of but a small fraction of the country's
lawyers promulgates and enforces standards that prescribe the
length and content of the educational program, as well as the
methods of instruction at most American law schools. No matter
where a law school is located in the US if it wants its graduates
to be employable in New York, Illinois, Texas and so on, it must
comply. And while the association as a whole formally enacts the
standards, the section of the bar association that drafts and
enforces them has long been dominated by the very interests it
regulates ? namely the faculty and deans of US law
schools.
In 1997, frightened by the specter
of on-line legal education, the administrator of the association's
accreditation process issued a set of 'Temporary Guidelines on
Distance Education'. The guidelines set up a confusingly
restrictive clearance process for virtual courses. Five years
later, persuaded that these temporary provisions were no longer
supportable, the standards review committee (a body possessing no
experience with on-line learning) floated a proposed set of
changes. The draft pleased no one and during the past six months
those of us eager to reduce or remove the barriers restraining this
form of teaching have pressed for revision. Less than a month ago,
the ABA's Council on Legal Education and Admissions to the Bar
settled on the terms that (subject to ratification by the full ABA
legislative body in August) will govern virtual learning in ABA
accredited schools for some time. The outcome: no on-line courses
in the first year of law study and no more than one 3-credit course
each term thereafter.
Why confine virtual learning within
such tight limits? One former ABA administrator, now a law school
dean, explained:
Total or even substantial dependence
on distance education can have a serious negative effect on law
students by limiting the socialization and developmental process. ?
[Accreditation rules] must ? ensure that students are brought
together for the greater portion of their educational experience.
Only in this way can the interactive and developmental aspects of
legal education be continued ?. Arthur R. Gaudio, Two Views:
Distance Education, Syllabus, May 2002, at 1, 17.
The true animating factors, I shall
suggest, lie elsewhere. For now I'll merely observe that if fully
or even substantially on-line law degree programs were to qualify
for ABA accreditation, the dean's institution would be a near
certain casualty.
Ironically, by the time the ABA
House of Delegates meets this August to determine whether or not
the new standards should take effect, the first graduates of
America's only on-line law school, Concord, will have received
their diplomas (more on Concord, shortly).
I characterized this as a parochial
version of an old story. In the US for sure, and
elsewhere I strongly suspect, radical changes in the delivery of
higher education generally as well as legal education specifically
have met organized resistance by those with a stake in the status
quo. And invariably the resistance has been justified in terms of
concerns about educational quality.
Three times, at least, in the last
century, US federal legislation dramatically changed the terms of
access to the country's colleges and universities. First came the
GI bill, then Pell grants and finally student loan programs
subsidizing higher education for many Americans who could not
otherwise have pursued a four-year post secondary course of
study.
Each of these national initiatives
was greeted with resistance, if not opposition, by the educational
establishment.
About the GI bill, the response was
'we haven't the capacity;' Pell grants, 'we'll be engulfed by waves
of unqualified students', federal student loans, 'the
administrative burdens will be impossible'. The same dynamic is
evident today with no strong national policy propelling change
beyond the indirect force resulting from the channeling of federal
subsidy of higher education through its consumers and the evident
educational gains held out by digital technology.
2.
Enter Technology
With this group, those gains need
little elaboration; but before proceeding, it may be useful to
disaggregate the more salient ones. I have listed some
here:
-
Greater access to existing
programs
-
New audiences
-
Expanded human and information
resources
-
Greater curricular flexibility for
students
-
Better learning outcomes
-
Reduced cost
They understate the case. These are,
importantly, technologies that pay scant attention to distance,
technologies that can penetrate geographical, political, and
institutional boundaries that previously seemed utterly defining.
They might lead US colleges and universities to a radical change in
how they conceive of their student bodies, faculties, and research
possibilities. They might, for example, come to view academics and
professionals situated anywhere on the globe as potential
presenters, commentators, and mentors for students. For their part,
students might come to view individual courses or programs offered
by widely scattered institutions as accessible components of their
education, without any thought of having to move from place to
place. Significantly, all of this could occur across national
boundaries.
In basic cost terms the pressures
for harnessing digital technology to deliver education seem huge.
The overhead generated by the physical environment of higher
education ? the library facilities, classrooms, and student spaces
of all kinds along with the staff involved in their operation ?
constitute a major part of the explicit cost of university-based
education. And those responsible for higher education, including
leaders in legal education, speak in dire tones about the increases
in tuition over the past decade. Adding significant on-line
components to an institution's curricular mix could dramatically
alter the cost picture for both that school and its student
clientele.
The time and place requirements that
limit the formal education process to students who are resident
during a term and to groups of students able to assemble in
scheduled meetings (not conflicting with other course sessions)
impose additional implicit costs on those students who are able to
enroll. They also effectively exclude others from the educational
process. Less costly and more flexibly scheduled education has the
potential for being far more inclusive.
The segmented educational program
most educators take for granted, one chunked in courses of standard
length and pedagogy, is in no small part a consequence of rather
than the reason why we march students through our degree programs
in measured time, to a near military beat.
An on-line learning experience can
produce better education outcomes by allowing individual control
over pace and repetition, more flexibility of other kinds
(responding to different styles of learning, capacities, and
interests), closer monitoring, and more learning through
application and problem-solving.
Students can be offered instruction
where they are. Their faculty or instructional team can itself be
spatially distributed and include relevant practicing professionals
in addition to 'resident' full-time academics. Vast information
resources can be integrated within such learning units (virtual
libraries for virtual courses). All of this should permit students
(and employers) to mix professional employment and education in
ways not previously possible.
It is evident benefits like these
that produced predictions of the rapid demise of universities as we
have known them. But those predictions underestimated the
countervailing forces ? the sources and means of resistance. While
most take less tangible form than a vote of the American Bar
Association they bear as powerfully on the shape and pace of the
spread of virtual learning as do the gains it promises to
deliver.
3.
Some Major Inhibitors
Here are some of the major
inhibitors I see.
3.1 The Role of the Professional Matrix in Which
Individual Academics Make Decisions About What to Do, For Whom, and
When
In a 1985 Journal of Legal Education
article, Professor Geoffrey Hazard, then of the Yale Law School
wrote:
'in curriculum reform the faculty ?
[are] not so much the solution as the problem'.
From that sound bite, I tease out
two distinct, through related, points. First, Hazard can be
understood as referring to the decisions that individual faculty
members make as they allocate their own effort, creative energy,
and time. Education of matriculated students constitutes but a
fraction of the duties of a full-time academic in an American
university or law school. Of at least equal importance especially
during the formative period of his or her career is the expectation
of original research and scholarship. To the individual faculty
member, particularly one not yet tenured or tenured but dreaming of
recruitment by another more prestigious institution, a change of
teaching assignment or mode of instruction that entails additional
effort of uncertain, but significant dimension, carries a serious
price ? reduced time for research and writing. Since incremental
quality and quantity of scholarship counts toward career
advancement while innovative teaching does not the tension resolves
easily. With scarcely an exception the first question I get from
colleagues about my on-line courses is whether they don't require a
lot more work to mount than conventional classroom teaching. The
honest answer is 'at the front end, yes.' Typically that ends
further serious interest.
3.2 The Pattern of Institutional
Governance
In speaking of faculties Hazard also
could be understood as making a point about decisions made by the
collectivity ? the way, given a governance structure that places
important programmatic decisions (or at least effective veto power)
in the faculty, that faculties operating through committees,
representative bodies, and assemblies of the whole are able to
block change.
A former president of the University
of Michigan recently observed:
Many university presidents ?
particularly those associated with public universities ? believe
that the greatest barrier to change in their institutions lies in
the manner in which their institutions are governed, both from
within and from without. Universities have a style of governance
that is more adept at protecting the past than preparing for the
future. The complex web of governance, from lay boards to complex
relationships with state and federal governments to 'shared
governance' between the administration and the faculty, is awkward
at best and certainly not conducive to decisive action, James J.
Duderstadt, A University for the 21 st Century 66
(2000).
Those of you who know Ron Staudt
have, in all likelihood, heard him discuss the plan he developed
for an 'executive JD' program to be offered by Chicago-Kent.
Designed along the lines of many MBA programs that permit full-time
professionals to pursue part-time study without ceasing work or
changing residence, this program would have combined short periods
of intense on-site work (sufficient to meet the ABA accreditation
requirements) with on-line instruction. Geographic location and
institutional reputation along with 'first mover' advantage would
have given this program a powerful competitive edge over existing
alternatives. The business plan was compelling and strongly backed
by the university. But in the end (fall 2000), it was voted down by
the Chicago-Kent faculty. A substantial majority simply did not
want to undertake so radically different a pattern of teaching.
Today, the model sits in public view, awaiting a faculty prepared
to vote 'yes'.
3.3 Legacy Skills and
Mindset
Another significant barrier
reinforces the first two. It is built of habit, experience, limited
institutional and individual competence. To begin, legacy skills
and legacy mindset are not easily set aside. Few experienced
classroom teachers are eager to become beginners again.
But the attraction of traditional
modes of residential instruction goes beyond their familiarity. For
faculty members the classroom is:
-
a place of performance (and who
would teach if she or he didn't find some satisfaction in
performing?)
-
a zone of control
-
a source of reassurance (The
students' presence, apparent attention, and engagement encourage
the belief that one's teaching efforts count for
something.)
Furthermore, in an indirect but
nonetheless powerful way the classroom supports the scholarly
agenda, for it isolates and walls off the teaching
function.
Finally, in many disciplines, law
being among them, classroom teaching offers a high degree of
autonomy. By contrast effect use of digital technology to create
and conduct courses necessitates collaborative working
relationships among domain experts teaching in the same field plus
technology specialists and experts on course design and learning.
The culture and status arrangements of most institutions of higher
education make such joint work very difficult to initiate and
sustain.
3.4 Concerns About Brand
To a majority of students making
decisions about where to study, the strength of the brand name is
more important than programmatic details. The annual ratings by US
News and World Report exert a powerful influence over the
application flows in nearly all fields.
An institution with a strong brand
attached to expensive, residential programs and degrees, will not
willingly allow it to be diluted. That is why Harvard Law School
reacted so forcefully to Arthur Miller's involvement with the
on-line Concord Law School. That is why on-line offerings of
Harvard Law School's Berkman Center must be called programs, not
courses. That is one of the reasons the LII's on-line courses for
students at other law schools receive credit from the receiving
institution and not Cornell. Under Cornell University regulations
academic credits bearing its name must carry a premium brand price
(currently $ 720 per credit and thus $2,160 for a 3-credit course).
It was brand concerns that led the consortium members that
established UNext (Columbia, Stanford, and the London School of
Economics) to offer its courses under the freshly minted name of
Cardean University rather than their own.
The power of this factor, of course,
varies according to the strength of the brand. It is at its peak
with highly selective institutions able to charge top tuition and
fees. For other components of the higher education market or legal
education market in the US it might appear to be far less of a
factor. Yet schools with a dominant position in their region (the
top school in a state, say) or even a single urban setting (e.g;
the top school in Cleveland) are likely to hesitate before offering
the same degree earned through their residential program to on-line
students on very different terms. Dependence on alumni good will
and financial support tend to strengthen this
reluctance.
Brand concerns need not be a total
inhibitor. So long as a new program supporting virtual learning
extends or adds luster to a school's existing academic 'product
line' without competing with it, positive effects are possible. The
MIT OpenCourseWare initiative is a brilliant example. Announced
with great fanfare in April 2001, the program aims to make the
materials from MIT courses freely available for non-commercial
educational use around the globe ? available for adoption and even
adaptation by academics in the most thinly resourced countries and
for use by individual learners anywhere and everywhere. The
increment separating course materials from the full course
experience that we might call instruction will not be distributed.
MIT course credits and degrees are definitely not going
on-line.
3.5 Accreditation and
Regulation
While there is competition among
institutions for students, faculty, and resources ? at least in the
United States ? the extent to which institutions control the
awarding of degrees has led to a tightly controlled competitive
market. ? Traditional colleges and universities enjoy competitive
advantages based upon long-standing reputation [brand] and control
of accreditation and credentialing, James J. Duderstadt, A
University for the 21 st Century 294 (2000).
While the degree of regulatory
control (and capture) in US legal education may represent an
extreme, all degree-granting programs in America are subject to
regulatory and accreditation control. Even virtual programs must be
sited somewhere. An on-line degree program with even modest
physical presence in New York needs to satisfy state education
officials; and for it to be marketable it must also be accredited.
One of the reasons cited for the closure this past month of the
United States Open University, branch of the hugely successful Open
University of the UK, was the school's failure to secure regional
accreditation rapidly enough. Without it the highly respected
program could not draw sufficient students, accreditation being a
precondition for federal student aid and also for the educational
reimbursement programs of most employers.
4.
The Big Questions ? Not Whether, but Who? Where? and
When?
Notwithstanding the strong forces
and pressure points of resistance the compelling benefits of a
substantial shift to on-line learning and the success of several
early practitioners make the question less whether but: Who? How?
When?
A Sampler of Quite Different Higher
Education (Legal Education) Models Made Possible by
Computer-mediated Instruction, Research, Communication
Here are some forms of change I see
as likely with some guesses about the probable lead
players.
4.1 The On-line (or mostly on-line) Degree
Program (Law School)
One needn't speculate about the
characteristics or auspices of the first virtual law school in the
US. Operating outside the ABA-enforced cartel is one law school I
have already mentioned ? the Concord University School of Law,
subsidiary of Kaplan, Inc., owned by Washington Post. Concord is
the first law school, based in the US, with a URL
<http://www.concord.kaplan.edu/> but no campus. It offers a
four-year JD program delivered via the Internet that qualifies its
graduates to sit for the California Bar Exam (California being the
magnificent exception to the dominant ABA accreditation pattern I
described earlier). In the 4 years since it opened its virtual
doors Concord's on-line student population has risen from 30 to
over 1,000.
Concord offers a challenging answer
to the question 'how can a student finance a US legal education?'
Its total tuition and fees for a four-year JD program are currently
around $28,000, less than Cornell charges for a single year. (And
this is a JD program that can be undertaken alongside employment,
with zero relocation or commutation expense.)
The staffing for Concord's program
looks quite different from that of the typical ABA-accredited
institution. Sustainable, cost-effective on-line education involves
the conversion of a significant fraction of classroom teacher
activity into reusable multimedia content. Creating and
subsequently revising (as distinguished from recreating) that
educational commodity requires a team rather than an individual
teacher and skills few academics possess. To complete the full
course package requires diverse forms of student monitoring,
guidance, exchange, and evaluation. It is through disaggregating a
law school course into a pre-packaged, reusable commodity combined
with an interactive service component, separating out a number of
discrete teaching functions, that on-line instruction can both keep
costs (and tuition) down and offer attractive faculty-student
ratios with unusual levels of student evaluation and feedback. This
is the Concord model.
Concord is but part of a larger
corporate business plan. Last August SMART BUSINESS magazine named
Kaplan, Inc. <http://www.kaplan.com>, one of the top 50 US
companies in terms of success at using the Internet to expand and
enhance their business.
While Kaplan's on-line presence and
growth are impressive they do not put it at the top of the class.
That honor goes to the University of Phoenix, the largest private
institution of higher learning in the United States, a subsidiary
of the Apollo Group. The University of Phoenix online unit reported
income up 82 percent, to $32 million, in the fiscal year that ended
last August. The university has seen use of its online education
increase 80 percent in the past year. Currently it reports 37,600
online students. Apollo's online revenues grew from $28.6 million
in 1997 to $185.5 million in 2001.
A blatant feature that Concord and
Phoenix share is that they are for-profit organizations focused
tightly (some would say 'narrowly') on education. Unlike the
typical non-profit institution their faculties are not expected to
do research, produce scholarship, or plan and oversee the
curriculum. They do not have tenure but are employed at will, and
they are quite simply employed to teach. In Higher Ed, Inc.: The
Rise of the For-Profit University (The Johns Hopkins University
Press 2001), Richard Ruch observes:
By doing without expensive student
residence halls, stadiums, faculty dining rooms, sports teams, and
president's houses, and by minimizing faculty ? time for
nonteaching activities, the for-profits are able to keep the cost
of educating a student at the same level as the price of tuition,
or very close to it. Id. at 87.
The evidence is strong, I think,
that in the US leadership in on-line degree programs, especially
those that exploit the potential of the technology to extend access
and reduce costs will come from this sector, from the likes of
Concord and Phoenix ? a players that remain beneath the notice of
most of my colleagues.
A recent piece in the New York Times
entitled 'Lessons Learned at Dot-Com U' recounts the numerous
casualties and shriveled dreams among the on-line startups launched
during the late nineties by established US public and non-profit
institutions ? Fathom, NYUonline, Virtual Temple and others. Only
at very end of the article is there a short paragraph noting an
exception to this pattern of failure: Phoenix.
4.2 The Integration of Academic Study and
Apprenticeship or Other Forms of Experiential
Learning
Under current ABA accreditation
rules students can obtain up to a semester's worth of academic
credit for relevant, supervised and coordinated professional work.
Beyond this academically recognized work experience large numbers
of students engage in legal work between terms and even during
school sessions. Many urban institutions offer four-year part-time
JD programs that explicitly contemplate contemporaneous full-time
employment by participants. Under these circumstances, virtual
seminars and tutorials represent an obvious way to add educational
value to the collective work experience of groups of students at
modest expense. Many schools, including my own, are assembling
their distant working students into sustained on-line exchange with
one another and one or more supervising faculty members. More
generally for students who retain a base with a residential
institution but leave it for episodes of study abroad, internships
in government, industry, or the non-profit sector, this technology
provides an attractive means of integration. This is incremental
change of the sort that comes more easily.
More ambitious forms of integration
are likely to be anchored in the educational needs and programs of
particular employers. Employee development programs have grown at
an enormous rate in the US within technology, manufacturing and
even law firms.
4.3 Established Institutions as Delivery Points
and Degree Issuers
Increasing numbers of US students
travel from campus to campus in the course of completing the basic
undergraduate degree ? beginning at community college and moving on
to comprehensive university, transferring from one institution to
another, studying outside the country, and in the present century
finding and pursuing courses on-line.
The principal limit on this buffet
approach to higher education is the need for there to be some
institution with both willingness and authority to recognize and
award a degree for the student's cumulative course of study. Within
constraints of state regulation and accreditation standards and for
a price, more and more institutions are filling that
need.
There are institutions like the
State University of New York's Empire College which allow students
to begin with 'credit for prior college-level learning' gained from
diverse sources and will fashion individually tailored degree
programs on top of them.
More importantly, students pursuing
credentials from more prestigious institutions have grown
remarkably clever at finding find and pursuing cost-effective paths
to whatever combinations of learning and credit meet their personal
tastes and needs. In unknown quantities on-line courses have
entered the mix. The certification of undergraduate course credit
at Cornell University is so widely distributed, under-regulated and
poorly monitored that no one knows how many credits toward Cornell
degrees are today being acquired by transfer from on-line courses
offered by other institutions.
There is another even more
surreptitious way students can and will get academic credit for
on-line learning. Law students in the US pay incalculable sums for
commercially produced study aids ? learning materials and more that
hold out the prospect of a less painful path to satisfactory
performance in those settings where students are evaluated,
principally final exams. It takes little imagination to foresee
'globally distributed virtual learning' in the form of course
supplements sold directly to students.
A less alarming variant sees virtual
courseware components being developed and disseminated to
established colleges and universities to be deployed throughout the
curriculum, but with local superintendence, interaction, and
credentialing. MIT's courseware initiative would be an example.
CALI can be viewed as pointing toward this future. And who knows
what we may see from the commercial publishers.
5.
Shifting to a Very Different Setting ? Developing and Least
Developed Countries
So far these reflections have
focused on higher education in the US and by assumed extrapolation
other developed countries. In developing countries, the alluring
potential of computer-mediated education is greater by far, the
impediments, no less substantial.
5.1 Greater Educational Need, Thinner
Resources
Let me remind you of the order of
magnitude of the challenge confronting the higher education sector
in the majority of the nations of the world. UNESCO reports that
the percentage of young people attending any form of post-secondary
education is only 3 percent in sub-Saharan Africa and 7 percent in
Asia, compared to 58 percent in developed countries generally, 81
percent in the US.
A World Bank project report on one
developing nation makes the following points:
- First, improvement of higher
education is critically important to ensuring adequate and balanced
economic and social development and competitiveness of the
country's labor force in the globalizing economy;
- Because of population growth and
improvements in secondary education, the number of students
entering higher education has, in recent years, grown at a
breathtaking rate. As a consequence spending per student has
declined dramatically. 'This means,' the report observes, 'that
significant efficiencies will need to be introduced into the system
just to maintain quality at its current inadequate
level';
- The large and complicated mosaic
of institutions of higher education is 'severely compromised by
overly centralized control of the system and pervasive and
widespread inefficiencies.' 'A rigid and outdated legislative
framework governs the system, a moribund civil service code
regulates staffing and promotion policies, public sector control
over mundane operational details raises costs, ?' and so
on;
- Individual institutions have
little latitude to shift resources and appropriations do not
reflect institutional needs;
- Faculty absenteeism rates are very
high 'probably because most hold multiple jobs';
- Student dropout rates are
high;
- 'While universities in highly
competitive economies are training students to think creatively,
solve problems, work collaboratively, and adapt quickly to new
technologies and new work environments, universities [in this
country] stress rote learning and memorization of facts'. '[A]
survey revealed that the typical undergraduate checks out just one
university library book per year'.
And in conclusion, the proportion of
students and even faculty with meaningful access to information
technology 'is extremely low'.
Against such a background, the
theoretical attractions of digitally supported learning programs
are powerful, the practical challenges of implementation, daunting.
A joint study by UNESCO and the World Bank looking at existing
distance education programs in the third world found their cost of
education per student to be approximately one-third that of
instruction at conventional institutions in the same country. And
the methods of those programs, some of them quite large, have, to
date, obtained little leverage from digital technology.
5.2 Quite Different Patterns of Technology
Penetration (Traveling the Last Kilometers)
The most obvious difficulty in
bringing digital technology to bear on distance learning in such
settings is what the World Bank report I've quoted from terms
limited student and faculty 'access to IT' ? both computer and
network infrastructure within the institution and personal access
apart from it. The third world situation is far removed from the
ubiquitous computing and Internet access which is at least the
assumed reality in most if not all of the developed world ? with
students and faculty able to access course content and communicate
about it not only in computer labs on campus but where they
live.
Recent work on a distance learning
project in Indonesia reminded me of the important truth that
different conditions can and often do give rise to quite different
solutions. There, where university funding and governance
structures, make university investment in computer labs and
connectivity a distant ambition, a commercial firm (M-Web) is
building computing centers with net access on or next to major
universities. User fees rather than university revenues will
support their operation.
In national settings with minimal
connectivity and low levels of Internet penetration, academic
facilities, including distance education study centers, represent
attractive targets for entrepreneurial technology ventures.
Academic institutions can also be platforms. Zambia's leading
Internet Service Provider and portal (Zamnet) was created as a
for-profit subsidiary of the University of Zambia as a way of
securing adequate bandwidth and expertise for its
campus.
However, even with such creative
moves bringing the Net and computers to one or several
universities, print, audio tape, CDs, radio or TV broadcast rather
than individual student computers must continue to be the means of
moving course content the last kilometers in those broad reaches of
the developing world that lack effective distribution of power and
telecommunications.
In these and less limited third
world settings students will assemble at distributed meeting points
rather than access course content in the workplace or at home. They
will need local intermediaries (tutors) and training. In short,
first world recipes will require substantial adjustment, but in
such settings, as in technology rich ones, the principal challenges
confronting new forms of distributed learning are posed by
institutional culture and structures, faculty incentives (or their
lack), and the requirements and expectations that operate on
students.
5.3 The Same Institutional
Issues
Roughly a month ago I met with a
group of Indonesian professors and lecturers. My role was to
provide them with an introduction to and then hands on training in
the use of the on-line course environment that will support three
pilot distance law courses these Indonesian colleagues plan to
offer this fall. The bulk of the workshop was devoted to issues of
course scope and the many possibilities of the new technology. But
in the final session a series of critical administrative questions
bubbled up. Here are some of them.
When a course originating with one
or more faculty members at institution A is offered to students
matriculated at institution B:
a) How are potential enrollees to
know of the course?
b) How will they register for the
course?
c) To what extent will the receiving
institution or its subunits control access to the
course?
d) To what extent will the course
count toward the degree requirements and academic record at the
receiving institution for those students enrolling?
e) Who will pay for the course and
to whom?
f) How will the student exams and
other graded and credited activities be monitored to assure that
students don't obtain course credit through the assistance of
others, and whose academic standards will apply?
g) Finally, do Ministry of Education
policies impose any constraints?
Every one of these questions was an
old acquaintance ? for we (the LII) have been forced to address
them all in connection with our courses. But our answers to them,
shaped by the regulatory, governance, and fiscal structures of US
higher education are of little use in the Indonesian setting.
Whatever uncertainties hover over the technology infrastructure and
course plans for these three Indonesian distance law courses, the
administrative ones pose far greater challenge ? thinking only of
the first year. And no one I spoke with had yet thought through to
the inevitable follow-up questions ? who will have the rights, who
will have the resources and incentive to sustain, update and
improve the courses thereafter.
6.
Some Concluding Observation about Motivation
In the face of the evident
institutional obstacles and sources of resistance, what forces will
drive this change. Several motives have the necessary
force.
The first is need. Not in the US nor
in Europe but in national settings where tertiary education is
attained by only 3 or 5 or 7 percent of the young, the use of
distributed digital technology in varying combinations with
site-based distance learning centers seems certain to occur.
Indeed, it has begun. The potential gains are so palpable, the
price of doing nothing so stark that some countries in this
situation are bound to show the rest how. Some are already doing
so.
Where higher education is consumed
by over half the relevant population, the situation in the US and
other industrialized nations, the need to expand or to provide more
equal access has far less force. Reducing the cost of higher
education without serious compromise of quality has general
political appeal and will probably induce distance learning
innovation in a number of US states. When one comes to the field of
law, however, neither the legal profession nor the public respond
favorably to the natural consequence of a significant reduction in
the cost of a JD ? namely, an increased supply of lawyers. The
state most likely to join California soon in recognizing on-line
legal education is Alaska, for its population dispersal predisposes
the state to on-line education, lawyers are few, and there is no
law school situated in the state.
Two other institutional motivators
have the force to shape the near-term future. The first is greed,
and for two or three years all manner of universities responded to
its pull. Believing that content was everything, that porting
classroom-based instruction to the Net was a straightforward
application of technology, and that lots of money lay on the table
for the first movers to appropriate, a good number of US
universities partnered or otherwise invested in separate entities
in order to stake their claim. That vision of a 'pot of gold' at
the end of the distance learning rainbow has dissipated but not all
the ventures it prompted have been closed out. Some may mature into
interesting models.
Finally there is fear. Patently,
deep fear animates some of the resistance. Failure is not simply a
rhetorical term in US higher education. While relatively few
students fail colleges are increasingly being forced out of
business. According to the Chronicle of Higher Education 34 private
colleges and universities folded between 1995 and 2002 (NY Times,
May 7, 2002, at A 28). Were a law school like Concord to be
accepted as preparation for the practice of law in more states than
California, those local law schools that dot the major population
centers of the US and draw the bulk of their students from
commuting range could well face extinction. With little or no brand
strength and tuition roughly three times as high, they would have
to persuade their niche markets of an improbable value/cost
proposition. So long as they can block that future through the
American Bar Association, they will.
But fear can also drive innovation.
The ABA-accredited law school that has made the greatest commitment
to on-line learning is a private law school with a weak market
position in a state (Florida) into which two new publicly funded
schools have been authorized by the legislature. Where survival is
the issue faculties will vote for and implement change.
Until American institutions like my
own are confronted with a palpable need or threat, or greed rises
again, their involvement in virtual learning will be limited to
experiments like our own and non-credit bearing forms that do not
compete with their core programs. Recognizing that, I look to learn
from those of you whose institutions are less constrained or more
powerfully motivated what sort of revolution implementation of
widely distributed virtual learning at convincing scale will
bring.
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