July 20, 2018

Online education and the professional associations: the case of law

Image: Reality Sandwich, 2015

Lederman, D. (2018) The uncertain landscape for online legal education Inside Higher Education, January 24

The situation in the USA

This is a useful report about the current situation in the USA regarding the accreditation or otherwise of online courses in law. Does the American Bar Association (ABA) recognise qualifications where some or all the courses were taken online?

The answer is: maybe but in most cases so far, no.

In late 2013, the American Bar Association gave a private nonprofit law school in Minnesota permission to create a part-time Juris Doctor program that blended online courses heavily with face-to-face instruction. The Minnesota law school, now called Mitchell Hamline School of Law, just turned out its first two graduates this month.

A handful of law schools, including those at Seton Hall UniversityLoyola University Chicago and Touro University, have recently introduced part-time programs that allow students to take up to 15 credits online (out of a minimum of 83 credits), the maximum now allowed by the American Bar Association.

However, several other law schools have had their petitions for “variances”(as the ABA calls them) to allow some online learning rejected, including some quite prestigious law schools, including those at Syracuse University and Rutgers.

As the article states:

The mixed results about the fates of law schools seeking to expand their online footprints left some legal education observers uncertain about the prospects for online and other innovations in legal education. The ABA is expected to consider as soon as next month some loosening of its rules on online learning, but exactly how remains unclear.

What about Canada?

In Canada, the provinces have delegated accreditation to provincial Legal Societies, such as the Law Society of Ontario/Upper Canada (similar to other professions in Canada, such as engineering.)

To qualify for admission to the Lawyer Licensing Process, an applicant must typically have acquired credentials through one of the following options:

  • Graduates of an Accredited Law School (Common Law);
  • Graduates of International or Non-Accredited Canadian Law Schools who must apply to the National Committee on Accreditation (“NCA”) to have their legal education credentials evaluated before they can enter the Law Society of Upper Canada’s Lawyer Licensing Process;
  • Lawyers qualified in other provinces who meet the inter-provincial mobility standards.

Most of those applying for licensing in Canada will come as a result of graduating through an accredited Canadian law school. The Legal Society of Upper Canada provides a list of 20 accredited law schools. These are almost entirely within the provincial public university system, covering all provinces except Newfoundland and the territories.

I could find no statement on the Legal Society of Ontario site about courses taken at these schools through online learning. If anyone can provide me with such information, I would be grateful. However, in most Canadian public universities, online students take the same exams as classroom-based students, and as a result degree transcripts rarely indicate the mode of study.

So are there online courses in law programs in Canada?

According to the recent national survey of online and distance learning in Canadian post-secondary education (2017), just under 20% of responding institutions (or at least 10) offered some credit courses online in law. This was more than in forestry, dentistry or medicine, but somewhat surprisingly, less than in engineering, a profession that so far has refused to accept any ‘distance’ qualifications. eCampusOntario lists at least 13 online courses in law from accredited law schools in Ontario.

A couple of Canadian universities offered a whole online program in law, but not necessarily a full degree. For instance Ryerson University offers the Law Practice Program.  The program, approved conditionally by the Law Society of Upper Canada, adopts a hybrid approach, with a four month practical training period consisting of 14 weeks online and three separate weeks on campus. During these seventeen weeks, candidates work on simulated files developed by practising lawyers. This training is then followed by a four month work placement, where participants work on actual files. However, you already need a degree in law before taking this program.

Similarly once you have a degree, as part of the licensing process in Ontario, during an Articling placement, the candidate is expected to study the online Professional Responsibility and Practice Course (PRP). Therefore it appears that the largest law accreditation agency in Canada is not opposed in principle to online courses. If there is a reluctance to move to online courses or programs in law in Canada, it is more likely to come from the law schools themselves.

So my belief – and it is no more than this – is that currently there are some courses available online in law in Canadian universities, and some hybrid programs with a substantial online component, but no fully online degree yet accredited by a Canadian law society. 

However, I would really like to hear from those of you working in law: what if any are the requirements or limitations in studying law online in Canada?

Latest data on USA distance education enrolments

An extract from the Digital Learning Compass infographic available from here

Digital Learning Compass (2017) Distance Education Enrolment Report 2017 Wellesley MA

A new partnership for the analysis of distance education data in the USA

First, a little background. Most of the readers of this blog will be familiar with the reports from the Babson Survey Research Group (BSRG) on the state of online learning in the USA. When the U.S. Department of Education’s Integrated Postsecondary Education Survey (IPEDS) began collecting data on distance learning enrolments in the Fall of 2012, BSRG stopped collecting its own data then formed a partnership with e-Literate and WCET to create Digital Learning Compass with the following goal:

To be the definitive source of information on the patterns and trends of U.S. postsecondary distance learning.

The Distance Education Enrolment Report 2017 is Digital Learning Compass’s analysis of the data collected by IPEDS for the fall of 2015.

Main results

In brief, in the USA in 2015:

  • distance education enrolments increased by almost 4% 
  • almost 30% of all post-secondary students in the USA are taking at least one DE course
  • 14% of all students are taking only DE courses
  • 83% of DE enrolments are in undergraduate courses
  • just over two-thirds of DE enrolments are in public universities or colleges
  • although there has been increased growth in DE enrolments for public and for non-profit private universities, DE enrolments in for-profit institutions declined in 2015 for the third year in a row, driven by substantial decreases in just a few of the for-profit institutions
  • almost half of all DE enrolments are concentrated in less than 5% of all institutions, with the top 47 institutions accounting for almost a third of all DE students
  • the following institutions saw the greatest year-on-year growth in DE enrolments:
    • University of Southern New Hampshire (from 11,286 to 56,371 in one year)
    • Western Governors University,
    • Brigham Young University-Idaho,
    • University of Central Florida,
    • Grand Canyon University
  • the number of students studying on a campus has dropped by almost one million (931,317) between 2012 and 2015.

More detailed analysis can be found from:

Comment

First a declaration of interest: I am working closely with both Jeff Seaman of Babson and Russ Poulin of WCET on the Canadian national survey of online and distance education in Canada.

Despite a small drop in overall enrolments in the USA in 2015, DE enrolments continued to grow, although in the three years from 2012 to 2015 the pace of growth has slowed. The main change was in the for-profit sector, probably affected by federal pressure on the use of student loans and congressional pressure for greater regulation of for-profit institutions under the Obama administration.

Indeed there has been a considerable shake-up in the for-profit sector in the USA, the purchase of Kaplan by Purdue, a state-funded university, being the latest example. It will be interesting to watch what happens to the for-profit DE enrolments under the more liberal regulatory environment being brought in by the Trump administration. Will they rebound? 

However perhaps the most shocking result is the drop in campus-based enrolments of almost one million, no doubt due to the increased cost of attending college in the USA – or is this in fact due to the impact of six million enrolments in distance education courses?

Once again, here in Canada we are peering over the wall at our much larger and richer neighbours, wondering what’s going on, but at least it is now a well lit property thanks to these reports.

 

Corruption in higher education: a wake-up call

Staff at Pavol Jozef Safarik University, Kosice, Slovakia were accused of taking bribes to admit students to its Medical School

Staff at Pavol Jozef Safarik University, Kosice, Slovakia have been accused of taking bribes to admit students to the Medical School

Daniel, J. (2016) Combatting Corruption and Enhancing Integrity: A Contemporary Challenge for the Quality and Integrity of Higher Education: Advisory Statement for Effective International Practice: Washington DC/Paris: CHEA/UNESCO

Daniel, J. (2016) Lutter contre la corruption et renforcer l’intégrité : un défi contemporain pour la qualité et la crédibilité de l’enseignement supérieur: Déclaration consultative pour des pratiques internationales efficaces Washington DC/Paris: CHEA/UNESCO

Those of us working in online learning are often berated by academic colleagues about the possible lack of integrity in online learning due to issues such as plagiarism, diploma mills, or ‘easy’ qualifications lacking rigorous academic process. Such cases do occur, but having read this document, it seems that the more traditional areas of higher education are prone to far more egregious forms of corruption.

Where do we find corruption?

At the end of this report, there is a list of references chronicling corruption in higher education in Australia, China, the Czech Republic, Egypt, France, Germany, India, Kenya, Nigeria, Russia, Slovakia, South Africa, and the USA. And those are just the ones who have been recently caught.

The report puts it bluntly:

This Advisory Statement is a wake-up call to higher education worldwide – particularly to quality assurance bodies. HEIs [higher education institutions], governments, employers and societies generally, in both developed and developing countries, are far too complacent about the growth of corrupt practices, either assuming that these vices occur somewhere else or turning a deaf ear to rumours of malpractice in their own organizations.

What kinds of corruption?

You name it, it’s in this report. In fact, the report describes 29 different kinds of corrupt practices. Here are just a few examples:

  • giving institutions licenses, granting degree-awarding powers, or accrediting programmes in return for bribes or favours.
  • altering student marks in return for sexual or other favours.

  • administrative pressure on academics to alter marks for institutional convenience.

  • publishing false recruitment advertising.

  • impersonation of candidates and ghost writing of assignments.

  • political pressures on higher education institutions to award degrees to public figures.

  • publication by supervisors of research by graduate students without acknowledgement.

  • higher education institutions publishing misleading news releases or suppressing inconvenient news.

Who is sounding the alarm?

Although the writer of the report is Sir John Daniel, a fellow Research Associate at Contact North, and former Vice-Chancellor, the Open University, Assistant Director-General for Education at UNESCO and President of the Commonwealth of Learning, the report draws on meetings of expert groups from the following organizations:

  • UNESCO’s International Institute for Educational Planning (IIEP)
  • the International Quality Group of the US Council for Higher Education Accreditation (CHEA/CIQG).

What’s causing this?

Corruption is as much about lack of ethical behaviour and rampant self-interest as about policies and practices. The report though points to two key factors that are contributing to corruption:

  • the huge appetite for higher education among the young populations of the developing world puts great pressures on admissions processes;
  • the steadily developing sophistication and borderless nature of information and communications technology (ICT) has expanded the opportunities for fraudsters in all walks of life.

What are the recommended solutions?

There are of course no easy solutions here. The report points out that there are both ‘upstream’ possibilities for corruption at the level of government and accrediting agencies, and downstream, from individuals desperate to get into and succeed within an increasingly competitive higher education system. In the middle are the institutions themselves.

The report separates its recommendations for combatting corruption then into several target areas:

  1. the regulation of higher education systems
  2.  the teaching role of higher education institutions
  3. student admissions and recruitment
  4. student assessment
  5. credentials and qualifications
  6. research theses and publications
  7. through increased public awareness

It is interesting that while the report emphasizes the importance of internal quality assurance processes within HEIs, it also notes that the more ‘mature’ an HE system becomes, the more external quality assurance agencies, such as accreditation boards and government ministries, tend to pass quality assurance responsibilities back to the institutions. The report notes that students themselves have a very important role to play in demanding transparency and whistle-blowing.

A call to action

The report ends with the following:

  • governments, quality assurance agencies and HEIs worldwide must become more aware of the threat that corruption poses to the credibility, effectiveness and quality of higher education at a time when its importance as a driver of global development has never been higher.

  • external quality assurance agencies should do more to review the risks of corruption in their work and HEIs must ensure that their IQA [internal quality assurance] frameworks are also fit for the purpose of combatting corruption.

  • training and supporting staff in identifying and exposing corrupt practices should be stepped up.

  • creating networks of organizations that are fighting corruption and greater North-South collaboration in capacity building for this purpose are highly desirable.

So next time some sanctimonious academic sneers at the academic integrity of online learning, just point them in the direction of this report.

Online learning for beginners: 3. ‘Aren’t MOOCs online learning?’

NZ MOOCs 2

What are MOOCs?

Just in case you don’t know what MOOCs are (massive, open online courses), they are usually courses that use video recordings of lectures from top professors from elite universities, such as Stanford, MIT and Harvard, and computer-marked assessments, sometimes combined with unmonitored online student discussions and peer review. MOOCs are made freely available to anyone who wants to sign up. The main platforms for MOOCs are Coursera, edX, Udacity and FutureLearn. There are also quite a different kind of MOOC, called connectivists MOOCs, that are more like online communities of practice

The first MOOCs attracted over 200,000 enrolments per course, although numbers in recent years are more in the 2,500 range. Nevertheless it is estimated that there are more than 34 million participants worldwide registering in MOOCs each year.

Since the first ones launched in 2008, MOOCs have been rapidly evolving.

MOOCs vs online credit courses

Given all the publicity and hype over MOOCs, you could be forgiven for thinking that MOOCs are all you need to know about online learning. However, you would be sadly mistaken.

Online learning existed as a serious part of education at least 15 years before MOOCs arrived on the scene. The following graph shows the increase in online courses for credit up to 2012 in the USA post-secondary education system, before the first MOOCs were launched:

Allen and Seaman, 2013

Allen and Seaman, 2013

By 2013 at least one in three students in post-secondary education was taking at least one online course as part of a degree program. At the moment according to the U.S. Department of Education somewhere between 8-15% of all university degree course enrolments are in fully online courses. Online course enrolments continue to grow at rate (10-20% per annum) much faster than enrolments for on-campus courses (2-3% per annum) (Allen and Seaman, 2016).

So what’s the difference?

  • MOOCs have much higher numbers of initial participants generally than online credit courses; MOOCs can have anywhere between 2,000 to 200,000 participants who sign up, whereas online courses for credit can have anywhere between 20 to 2,000 registered enrolments. Fully online courses for credit usually though have 100 enrolments per course or less;
  • MOOCs, with very few exceptions, do not provide credits towards degrees, although a certificate may be issued (for a price) for those that complete computer-based assessments. However, even the institutions offering MOOCs do not accept successful completion of their courses towards credit in their own institution;
  • MOOCs have very low successful completion rates (less than 10%, usually closer to 5%) whereas fully online courses for credit often have completion rates as high or just below those for equivalent face-to-face courses. For instance in Ontario in 2011, completion rates for all fully online courses for credit in the Ontario public post-secondary system were within 5% of completion rates for face-to-face classes in universities, and within 10% for two year colleges; in other words roughly 80% or more of students in fully online courses for credit will successfully complete;
  • MOOCs provide almost no personal learning support for learners from qualified instructors, whereas most successful fully online courses for credit have a strong instructor online presence;
  • MOOCs generally charge no fee to participate (although a fee may be charged for a certificate of completion); fully online courses for credit normally charge the same fee as, or slightly higher than, those for campus-based courses or programs.

In other words, MOOCs are just one, more recent, form of online learning. They are more like continuing education programs, except they are free. Think of them as a modern form of educational television.

MOOC participation Image: Phil Hill

MOOC participation rates Image: Phil Hill, 2013

The hype

Much has been made about MOOCs disrupting the higher education system (Christensen, 2010), being a solution to educational problems in developing countries (Friedman, 2013), and being a threat to the existence of universities. Leslie Wilson of the European University Association has commented that MOOCs have forced Vice Chancellors to focus on teaching and learning (which I find a somewhat sad comment: why weren’t they focusing on that before MOOCs came along)?

However, after all the initial publicity, MOOCs have settled down into an important but relatively small niche in post-secondary education, a form of continuing education that still struggles to find a successful business model that works for the universities that supply MOOCs.

Why then all the fuss?

Good question! There is a combination of factors that have resulted in the publicity and hype.

One of the most important is that the development of MOOCs was largely driven by faculty (and mainly computer-science faculty) from highly prestigious, elite universities such as Stanford, MIT and Harvard. This has resulted in a bandwagon effect of follow my leader from other universities. Whatever the faults or weaknesses of MOOCs, these elite universities have made online learning highly visible, whereas before, although online courses for credit had been slowly gaining ground, online learning was still seen as peripheral and slightly disreputable.

MOOCs also coincided with a time when states in the USA were making big cuts in higher education budgets due to the 2008 financial recession, leading to lack of tax revenues; many saw MOOCs as an alternative to high cost, campus-based universities. Over time, this argument has become less convincing, partly due to the lack of recognition for credit of successful MOOC completion, and partly due to the difficulties of developing the high level of skills needed outside the purely quantitative subject areas with so little learner support .

Implications

  • Most faculty will need, at least in the short-term, to focus on online courses, blended or fully online, for credit, not MOOCs. These for credit online courses will need different approaches in terms of course design and learner support from MOOCs, if high completion rates are to be achieved and high level learning skills are to be developed in students;
  • For some ‘star’ faculty in subject areas where the university is particularly or uniquely strong, MOOCs will still be an attractive proposition, boosting both the star faculty member’s reach and reputation, and the brand of the university;
  • MOOC design will evolve, probably converging towards the designs used for successful for-credit online courses, but this will likely increase costs; at the same time, the design of for-credit courses may also benefit from some of the lessons in ‘scaling’ from successful MOOCs;
  • there are many other forms of online learning besides MOOCs, and within online courses for credit there are many different approaches; it is important to be aware of the strengths and weaknesses of each of these variations in online learning, so the appropriate choices can be made. This is the topic of my next post in this series.

Follow-up

If you want to know more about MOOCs, and their strengths and weaknesses, here is some suggested further homework (if you read/watch it all, possibly 2 hours of reading/watching):

Up next

‘What kinds of online learning are there?’ (to be posted early in the week 25-31 July, 2016)

Your turn

If you have comments, questions or plain disagree, please use the comment box below.

References

Allen, L. and Seaman, J. (2016) Online Report Card: Tracking Online Education in the United States Wellesley MA: Babson Survey Research Group

Downes, S. (2016) Connectivism, MOOCs and Innovation, Stephen Downes, July 25

Christensen, C. (2010) Disrupting Class, Expanded Edition: How Disruptive Innovation Will Change the Way the World Learns New York: McGraw-Hill

Friedman, T. (2013) Revolution Hits the Universities New York Times, January 26

State support for public higher education is declining in the USA

Young Invincibles 2

Young Invincibles (2015) 2016 State Report Cards Washington DC: Young Invincibles

This is a very interesting state by state report card on the support for public higher education in the USA since the economic recession of 2008. Key results:

  • states have cut per student spending by 21 percent since 2008. Only two states spend as much as they did before the recession (Alaska and North Dakota). Six states are now spending less than two thirds of what they were spending in 2008
  • tuition and fees at both 4-year and 2-year institutions rose 28 percent since 2008 (inflation rose 14%).
  • in 2008, students and families paid approximately 36 percent of the cost of public college; in 2014 that percentage increased to 50 per cent.
  • the gap between white non-Hispanic adults and Latino adults with postsecondary degrees grew by 2.2 percentage points between 2007 and 2015

As interesting as the result is the organization that did the study. Young Invincibles is:

a national organization, representing the interests of 18 to 34 year-olds and making sure that our perspective is heard wherever decisions about our collective future are being made. We do this through conducting cutting-edge policy research and analysis, sharing the stories of young adults, designing campaigns to educate on important issue areas, informing and mobilizing our generation and advocating to change the status quo.

It can be seen that state funding of public higher education in the USA has declined significantly over the last six years, even though the economy in general has more than recovered (U.S. GDP in 2015 was $1.5 billion higher than before the recession kicked in).

This is clear evidence in the decline of political support at a state level for publicly funded higher education in the USA over the last six years. Once again it is young people who are paying the price.

In Canada we didn’t suffer as badly during and following the recession and I suspect public funding of universities is if anything slightly higher today in most provinces per capita than it was in 2008. However, can anyone give me the exact figures?