legal issues in higher education conference globalization and international trends in higher...

24
Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont Monday, October 18 th 2010 Holiday Hart McKiernan Tim Birtwistle

Post on 22-Dec-2015

214 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

Legal Issues in Higher Education ConferenceGlobalization and International Trends in Higher Education (and their Impact on the US)

The University of VermontMonday, October 18th 2010

Holiday Hart McKiernanTim Birtwistle

Page 2: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

2

This Session

At the end of the session you will have an understanding of:•Challenges facing U.S. Higher education•Some data indicators of the challenges•An example of how similar challenges are being tackled in the European Higher Education Area and how this work is being scrutinised around the globe•How change can occur given the legal framework for higher education•What ‘Tuning USA’ is and is doing•How issues of quality might be approached•Some conclusions reached by the presenters to debate

Page 3: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

3

Thesis: Think Globally; Act Locally

•Similar Problems (Around the Globe)

•US Should learn from International Developments

•Students Matter – 21st Century Students Are Different than Their Forebears – Learning is Vital

•US higher education will benefit from change

•National/Transnational Approach

Page 4: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

4

US needs to increase degree attainment•Labor market will require it

•The knowledge based economy is the future

•Global Competitiveness

•Significant higher education reform

Page 5: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

5

Lessons from Data

“Lies ************** and statistics” or

imperfect but telling a story?

Examples of data: • Center on Education and the Workforce• OECD: Education at a Glance• US Census and federal data• College Board: Coming to Our Senses• TIMSS: math & science (grades 4 & 8)

Caveats noted!

Page 6: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

6

Source: Analysis of March CPS data, various years, Center on Education and the Workforce forecasts of education demand to 2018.

Graduate Degree7%

Bachelor's Degree9%

Some College12%

High School Graduates

40%

High School Dropouts

32%

Source: March CPS 1973

Labor force in 1973: 91 million

High School Dropouts

10%

High School Graduates

34%

Some College19%

Associate's Degree8%

Bachelor's Degree19% Graduate Degree

10%

Source: March CPS 1992

Labor force in 1992: 129 million

High School Dropouts

11%

Some College17%

Bachelor's Degree21%

Graduate Degree11%

High School Graduates

30%

Associate's Degree10%

Source: March CPS2007

Labor force in 2007: 154 million

High School Dropouts

10%

High School Graduates

27%Some College

18%

Bachelor's Degree23%

Graduate Degree10%

Associate's Degree12%

Source: The Georgetown University Center on Education and the Workforce Forecasts of Education Demand

2018

Labor force in 2018: 166 million

By 2018, 63% of all jobs will require some post secondary education and training

Page 7: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

7

Real Wages of Americans increase by education level(ages 23-64)

high school dip, $32,050$29,628

some college, $36,828$33,643

associate's, $40,653$37,872

bachelor's, $57,942$50,678

master's , $71,041

$62,911

professional, $121,698

$95,191 phd, $99,541

$83,085

$0

$20,000

$40,000

$60,000

$80,000

$100,000

$120,000

$140,000

$160,000

$180,000

$200,000

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

Source: March CPS

Real wages of Americans increase by education level

Page 8: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

8

10.1%

4.6%

Less than 4 years of High School

5.8%

2.9%

4 or more years of High School, no College

4.2%Some college, 1-3 years

2.9% 2.1%

BA and above1.3%

All

4.4%

0.0%

4.0%

8.0%

12.0%

16.0%

20.0%

1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008

Nov 73-Mar75Recession

Jan 80-Jul 80Recession

Jul 81-Nov 82Recession

Jul 90-Mar91Recession

Mar 01-Nov 01Recession

Dec '07-presentRecession

Least educated are most vulnerable in economic downturns (employment rates by education)

Page 9: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

9

Expenditure Rates on StudentsOECD Countries 2007

0

5,000

10,000

15,000

20,000

25,000

United S

tate

s

Switzer

land

Sweden

Denmar

k

Norway

Austra

lia

Austri

a

Nether

lands

Finlan

d

Germ

any

Japa

n

Belgium

United K

ingdom

Franc

e

Irelan

d

Spain

Icela

nd

New Zea

land

Portu

gal

Italy

Hungar

y

Korea

Czech

Rep

ublic

Slovak R

epub

lic

Mex

ico

Greec

e

Poland

Turke

y

Page 10: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

10

Graduation Rates for StudentsOECD Countries 2007

53

54

54

60

64

65

65

66

67

68

71

73

74

74

74

76

78

79

83

83

91

Mexico

United States

New Zealand

Sweden

Hungary

Czech Republic

Austria

Poland

Australia

Portugal

Finland

Germany

Turkey

Spain

Belgium

Netherlands

United Kingdom

Greece

Korea

Ireland

Japan

Page 11: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

11

What Europe Faced• Started 1999 as “Bologna” or the European Higher

Education Area (March 2010)• Various action lines, including:

• 3 cycles (BA/MA/PhD)• Credits (ECTS – output/learning outcomes

driven)• Mobility (trans-national and vertical as well as

horizontal, linked to the Lisbon Agenda)• Quality assurance (ENQA)• Lifelong Learning (LLL)• Students at the centre• Qualification Frameworks

Page 12: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

12

Parallels: US & Bologna

Why the comparison?• Bologna 47 states/USA 50 states• Bologna no legal competence for higher

education/USA little federal legal competence• Bologna states saw the need for change/USA has a

growing groundswell of a view that there is a need for change

• Effect of recognizing a changed paradigm• Can “soft law” achieve large scale change?

Page 13: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

13

Bologna Landscape• It involves 16+ million students in 47 countries, with over

4000 institutions of higher education, some of which have been doing business the same way for 800 years.

• They have agreed to adopt common rules for degrees, credits, certification, communication of student outcomes.

• The song will at least be in the same key, though not necessarily the same tune.

• It is likely to be the global paradigm for higher education within 15 years (Latin America, Australia, New Zealand, Japan, China, India already taking serious note).

• It offers a model of accountability.

• It is the largest restructuring of higher education ever undertaken.

------------- It is not perfect or symmetrical ------------

Page 14: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

14

Diverse and Complex Landscape of US higher ed.

• Federal/National/Regional/State

• Categories of university - public (2 year, 4 year, doctoral), private (for profit, not for profit), religious affiliation, ODL, etc.

• Traditions:- tenure track, academic freedom, fee structures, sport, research, role of the law, etc.

Page 15: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

15

Changing the Landscape #1

U.S. Law:• Constitutional law• Department of Education (….supplement and

complement state and local government …)• Federal “scene changers”, for example:

• GI Bill 1944• Higher Education Act 1965 (….restrictions on the use

of federal funds….):

• What is an “institute of higher education”?

• What is the role of educational accrediting agencies?

• What authority does the federal government have over the accrediting agencies?

• The power of funding.

Page 16: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

16

Changing the Landscape #2

U.S. Law continued:

• What are the criteria for accrediting agency recognition?

• Voluntary membership of HEIs

• apply and enforce standards that “respect the stated mission of the HEI”

• Assess whether the course offered are of “sufficient quality” to achieve the mission

• Institutional factors to be considered

• Periodic review – of what?

Page 17: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

Why ……………………….?

Page 18: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

18

Tuning USA

What is Tuning and where did it come from: •It is and always has been a faculty led project across many disciplines that turned into a process•It is not universally used or accepted in Europe, but•It is now adopted as a key part of Bologna (learning outcomes, workload, assessment, learning, students etc), active learning outcomes, and•It is now used or in pilot process in Latin America, Mexico, Australia, parts of the USA•It is different from other learning outcome projects•It is a living process and so changes, adapts, melds

~~~”know, understand and be able to do”~~~

Page 19: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

19

Tuning USA Pilot

The Pilot Project (March 2009-August 2010):

• 3 States – Utah, Minnesota, Indiana

• 6 disciplines

• 20+ institutions across the whole sector (2 Year, 4 Year, Flagship)

Tuning methodology in use –

• 4 way survey – general competencies

- subject competencies

Page 20: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

20

Qualifications Framework

• What is a Qualification Framework?

• Value

• Accountability

• Transparency

• Student Outcomes

• Multiple pathway

• Globalization

• Quality

Page 21: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

21

U.S. Higher Education Law Landscape

How Would we Implement a Qualifications Framework?

• Revisit the U.S. Landscape

• Federal – Higher Education Act

• Institutions

• Accreditation

• Funding

• State

• National

• Regional

Page 22: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

22

Diverse and Complex Landscape

Federal/National/Regional/State

Categories of university (public (2 year, 4 year, doctoral), private (for profit, not for profit), religious affiliation etc

Recommendation: National

Accreditors

Build on Accountability Debate

Page 23: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

23

Changing the Landscape

So ….. How?

• Tuning is systemic once it takes off

• Qualification Framework:

• HEA as amended will allow jurisdictional “creep” via funding and recognition of accrediting agencies

• There is a groundswell for change

• The Higher Education Opportunity Act 2008 does add momentum to jurisdictional “creep”

Will it work?

Page 24: Legal Issues in Higher Education Conference Globalization and International Trends in Higher Education (and their Impact on the US) The University of Vermont

04/19/23 LUMINA FOUNDATION FOR EDUCATION

24

Conclusions(1) Change is inevitable

(2) Faculty can lead change through Tuning

(3) Global influences cannot be ignored

(4) US higher education still leads the world in some aspects e.g. research but also lags in others e.g. making the implicit, explicit

(5) The US is not alone in any of these matters