Nirvana or Apocalypse Now:
Distance Learning, For-Profit Education
And the Concord Law School Story
Washington University Law School
October 6, 2006
Dean Barry Currier
Concord Law School
Nirvana
Emancipation from ignorance and achieving enlightenment?
or…
Kurt Cobain’s band and music that the older generation just
did not get?
Apocalypse Now
The imminent destruction of the world?
or…
A cutting-edge movie that helped fire the career of a great
American filmmaker?
Concord Law School is a …
For-profit
Online
Law School
Concord Law School is … For-profit
For-profit vs. Not-for-profit Education
• Not impure vs. pure; better: taxed vs. not taxed
• For for-profits: access and cost advantages; focus
on outcomes and accountability
• Not for not-for-profits: disconnected business
activities (IP, sports, memorial plots, selling
direct loans; logo license, radio stations);
discounted tuition/rankings; targeted
philanthropy
For-profit Education: Scope and Major Players
In addition to Kaplan, some major players:
• Apollo Group (U. Phoenix, Axia): >300,000 students at 160+
campuses + online; 2005 revenue of $2.3 billion
• Laureate: >225,000 students in 15 countries + online; 2005
revenue of $875 million
• Capella: >16,000, graduate curriculum, fully online, students in
all states and 63 countries
• EDMC: >72,000 students at 72 campuses + online; includes
Western State University College of Law; 2005 revenue > $1
billion
• Cardean: consortium including Carnegie-Mellon, Columbia,
Chicago, LSE, Stanford B-schools; MBA and MA/MS degrees
• NYU undergraduate online degrees
• U. Maryland online
• Duke (and others in MBA space)
Concord’s Corporate Context:
Kaplan and the Washington Post Company
Concord is Part of Kaplan, Inc.
Kaplan Mission Statement:
At Kaplan, our mission is to help individuals achieve their educational
and career goals. We build futures one success story at a time.
Kaplan: More Than a Test Prep Business
Kaplan Higher Education is a Major Player in
the For-profit Higher Ed World
KHE: >60,000 total students, >75 campuses in >25 states)
and online
KU: >20,000, HLC-accredited online university, certificate
programs to Masters degrees
The Kaplan/
Connection
“Kaplan became our most profitable business for
the first time. Writing that sentence still feels
somewhat amazing: ten years ago… Kaplan … was
so small we recorded its results in the ‘other’
segment. Last year, Kaplan’s revenues were 40% of
The Post Company’s. The education company
employs 8,980 people, 55% of the company’s total
full-time employees.”
Chairman Donald Graham’s Letter to Shareholders, The
Washington Post Company 2005 Annual Report
Concord Law School is … Online
Distance Education
Not the perfect solution for all education
and…
Not the end of life as we know it
Graphing the Learning Environment
Synchronous
No
F2F
100%
F2F
= Correspondence
= Concord
= A Course
Asynchronous
= Classroom
A Distance Learning Continuum
• Distance learning: separation between students and
teacher in time or space
• A variety of ways to use contemporary distance learning
approaches and technologies:
– Class supplement
– Hybrid course
– Fully online course
– Hybrid degree program
– Fully online degree program
Distance Learning Vocabulary
• Synchronous: real-time
• Asynchronous: not at the same time
• F2F: Face-to-face, students and teachers in one room
• Chat: a distance learning class
– Moderated or unmoderated
– Text-based, audio, video or a combination
– Can include whiteboard, PowerPoint, video clips, polling and
other features
• Message Board: Q & A; some say an asynchronous class, and
others say a method of interaction that is not a class; can be
moderated or not
Distance Learning Vocabulary
• “Online” program:
– Read the ingredients on the back of the box
• Is the online program:
–
–
–
–
–
P.O. Box with a website?
Old-style correspondence sped up by e-mail attachment?
Completely self-paced, completely asynchronous?
Blended online and F2F curriculum?
A full, robust interactive experience for students and faculty?
– There are many possible arrangements
– Delivery mechanisms are part of the analysis; more important
are what is delivered and who delivers it
Distance Learning Is a Fact of Life
Outside of Legal Education
Virtual High School Marketing is Booming
Online Degree and Certificate Programs are Growing
Online Learning is Working Well in the
University Environment
•
> 2.3 million students studying online in Fall 2004 semester, up 18% from
Fall 2003
•
The proportion of institutions which believe that online education is critical
to their long-term strategy continues to increase, from 49% in 2003 to
56% in 2005.
Growing by Degrees: Online Education in the United States, 2005 (The Sloan Consortium)
•
97% of institutions report that students are as or more satisfied with
online courses as with face-to-face courses.
Entering the Mainstream: The Quality and Extent of Online Education in the United States, 2003
and 2004 (The Sloan Consortium)
Online Learning: the Higher Education Act
• Elimination of the “50 percent rule”
• Beginning of differentiation between traditional
correspondence education and online learning
Online Learning: Accreditation Outside of
Legal Education
Statement of Commitment by the Regional Accrediting Commissions for the
Evaluation of Electronically Offered Degree and Certificate Programs
Technologically mediated instruction offered at a distance has rapidly become an important
component of higher education…. The approach of the regional commissions to these
emergent forms of learning is expressed in a set of commitments aimed at ensuring high
quality in distance education….
***
The regional accrediting commissions are aware of the need for a collaborative approach
which extends beyond their community, that others, particularly the states and federal
government, have substantial voice in addressing quality assurance issues related to
distance education programming…. [T]he eight commissions are pledged to continue to
work individually and collectively with those agencies to achieve our commonly held goals
of assuring the quality of academic offerings regardless of the medium of their delivery….
***
As the higher education community increasingly expands educational opportunities through
electronically offered programming, the regional commissions are committed to supporting
good practice in distance education among affiliated colleges and universities. Doing so is in
keeping with their mission to encourage institutional improvement toward a goal of
excellence….
Online Learning: Accreditation Outside of
Legal Education
Best Practices for Electronically Offered Degree and Certificate Programs
… The[se] Best Practices … are not new evaluative criteria. Rather they explicate how the wellestablished essentials of institutional quality found in regional accreditation standards are
applicable to the emergent forms of learning; much of the detail of their content would find
application in any learning environment. …
These Best Practices are divided into five separate components:
1. Institutional Context and Commitment. Electronically offered programs both support and extend
the roles of educational institutions. Increasingly they are integral to academic organization, with
growing implications for institutional infrastructure.
2. Curriculum and Instruction. Methods change, but standards of quality endure. The important
issues are not technical but curriculum-driven and pedagogical….
3. Faculty Support. As indicated above, faculty roles are becoming increasingly diverse and
reorganized. For example, the same person may not perform both the tasks of course development
and direct instruction to students….
4. Student Support. Colleges and universities have learned that the twenty-first century student is
different, both demographically and geographically, from students of previous generations. These
differences affect everything from admissions policy to library services. Reaching these students,
and serving them appropriately, are major challenges….
5. Evaluation and Assessment. Both the assessment of student achievement and evaluation of the
overall program take on added importance as new techniques evolve. For example, in
asynchronous programs the element of seat time is essentially removed from the equation. For
these reasons, the institution conducts sustained, evidence-based and participatory inquiry as to
whether distance learning programs are achieving objectives. The results of such inquiry are used
to guide curriculum design and delivery, pedagogy, and educational processes, and may affect
future policy and budgets and perhaps have implications for the institution’s roles and mission.
Distance Learning Has Already
Arrived in Legal Education
Online Learning: Law School Accreditation
• The ABA is the USDE-recognized accrediting
agency for first-degree programs in law
• All state bar admissions processes accept ABAapproved school degree
• Arrangement is efficient and cheap for schools
and states
• Variations abound, but 95% of new lawyers each
year come from ABA schools
Online Learning: Law School Accreditation
ABA Standard 306 provides:
• No more than 12 credits of distance learning
courses may count toward JD
• No more than 4 of these units allowed in any one
semester
• No distance learning in 1L
• Given definition, 1/3 of all JD credit could be for
distance learning
Distance Education in Today’s Law Schools
• LMS: TWEN, LEXIS/Blackboard, eCollege, WebCT, Elluminate
• High-tech classrooms (wired, generally; two-way video classes)
• E-mail (through LMS or otherwise)
• Classroom components of semester-long clinics/ externships
• CALI lessons, and more in the supplement/study aid space
• Administrative systems (registration, paying fees), school
calendars, announcements/newsletters, and more
• Library/legal information resources and services
• Exams
• Career service interviews
• Online LL.M. and Master of Legal Studies Programs operating
Distance Education in Today’s Law Schools (Sidebar):
An International Shot Across the Bow
Excerpts from Online Tutorials to Replace Law Lectures
Financial Times (June 12, 2006)
•
“… [Live] lectures [are] .. ‘ineffective and inefficient’ way of teaching…. (Scott
Slorach, Director of LPC at the College of Law of England and Wales)
•
“… [L]aw students have to help fund themselves through law school with part-time
employment and this technology allows them to work flexibly….” (Professor Slorach)
•
"We [the College or the UK generally?] are in an incredibly strong position globally
because this technology can be used anywhere there is a computer. … [T]he UK is
well-placed to dominate foreign markets because the Americans are still far behind
on the development of distance learning." (Nigel Savage, Dean and CEO of the
College of Law of England and Wales)
Concord Law School
Concord Law School Basic Facts: Status
• Began in 1998
• J.D. graduates can sit for California Bar Exam; operates as
California “correspondence school”; regulated by both
California CBE and California BPPVE
• DETC accredited; institutional member of CHEA
• Degrees: Juris Doctor (J.D.) [four-year part-time];
Executive Juris Doctor (EJD) [three-year, part-time, nonbar qualifying]; also authority for LL.M. and BSL degrees
not currently using
Concord Law School Basic Facts: Faculty
• > 20 full-time faculty & professional staff, distributed
around the country; > 25 part-time/adjunct faculty;
dozens of instructors/graders
• Cooperating faculty from a number of ABA-approved
schools (e.g., Arkansas, George Washington, Harvard,
John Marshall-Atlanta, Loyola of Chicago, UOP-McGeorge,
Montana, Tulane, Wake Forest, William Mitchell)
• Dozens of instructors and graders
• Administration in Los Angeles and Ft. Lauderdale
Concord Law School Basic Facts: Enrollment
• Enrollment: ~1,400 JD; ~300 EJD
• Students in all 50 states and a dozen foreign
countries; 25-30% California residents
• Average age: early 40’s
• ~40% have advanced degrees
Concord Law School Basic Facts: Costs
Concord tuition and fees:
• Annual tuition, 2005-2006: $8,300. Total cost of JD
degree was $33,200
• 4% increase for 2006-2007. Total cost of JD degree will be
$34,600
Comparative data:
• ABA 2005-2006, median cost of J.D. (annual tuition x 3
years):
– Private schools: $86,010 (6% increase over prior year)
– Public, non-resident: $70,518 (10% increase)
– Public, resident: $36,321 (10% increase)
Concord Law School Basic Facts: Enrollment Data
Concord’s enrollment of ~1,400 part-time JD students would make it the second largest
cohort of part-time students among ABA-approved law schools and in the top 15 of all
schools on a head-count basis
2005-2006 Enrollment Data:
Part-time enrollment:
Cooley
Suffolk
Denver
Widener
McGeorge
2,749
-- Concord
613
428
415
401
Total Enrollment (head count, not FTEs):
Cooley
3,252
Georgetown
1,940
Harvard
1,712
Suffolk
Geo. Washington
Fordham
John Marshall-Chicago
Brooklyn
NY Law School
NYU
American
U Texas
Loyola LA
South Texas
UC Hastings
Denver
Columbia
1,671
1,636
1,516
1,495
1,490
1,480
1,424
1,404
-- Concord
1,387
1,319
1,262
1,255
1,242
1,242
Concord Law School: Graduates
• Through July, 2006:
– 277 JD Graduates
– 130 EJD Graduates
– JD graduates from ~40 states, D.C., and abroad
• In 2006 Concord awarded 106 JD and 59 EJD (165 total)
degrees. Within that group:
– 76 graduates (46%) held at least one other postgraduate degree;
many had more than one
– 12 PhD, 13 MD, numerous MBAs, an ED, several MPH, dozens of MA
and MS degrees
– Many of the country’s finest institutions were represented in the
Concord student body: West Point, Naval Academy, Harvard, Yale,
Berkeley, Stanford, Michigan, Sarah Lawrence, Howard, MIT,
Columbia, Penn, etc.; there were also some students from other
online universities and foreign institutions
Outcomes: Concord
Graduates Doing Well and Doing Good
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Established family law mediation practice
General Counsel of a structural engineering firm
Solo practice in Juvenile Dependency Court in remote mountain town
Expanded established CPA practice to provide estate planning, wills/trusts services
Partner in three-person commercial law and litigation firm
Airline pilot serving as pro bono deputy district attorney 3 days per week
Corporate liaison work for Fortune 500 real estate company, conducting legally
related real estate seminars (also a legal aid volunteer)
Director/regional VP for insurance company - regulatory affairs and compliance
Launched/runs IP Society in northern California directed to IP attorneys
Forensic accountant at major NYC firm (CA Bar member, doing some lawyer work at
the firm)
Court TV Associate Producer, working on coverage of Saddam Hussein trial (job offer
came from LEEP placement)
Dentist now doing forensic dentistry including on FEMA/demort teams, expert
witnessing, risk management consulting
Lawyer at Finnegan Henderson, a major No. Virginia patent/IP firm (listed as patent
agent on firm website since he is not a member of the VA bar)
Retired senior programming analyst for benefits for State of Alaska now doing pro
bono work for AARP tax clinic, represents clients in US Tax Court, volunteers on
municipal tax appeals board
Outcomes: California Bar Results
February 2006
Passing Percentages
1st time
Repeater
Concord
Overall*
ABA-approved
All non-ABA schools*
CA Bar accredited
Correspondence*
CA Unapproved Residential
* Concord takers/passers excluded
For this exam:
43
54
57
26
29
26
6
20
33
43
10
12
9
5
Overall
35
39
46
13
15
15
5
– Concord’s 1st-time taker results would rank 15th of 20 CA ABA schools, beating
5 (note: small cohorts for some)
– Concord’s first-time pass rate: 65% better than all other non-ABA schools and
65% better than other California correspondence schools
– For 41 identified non-ABA schools, Concord graduates were 24% of takers and
34% of passers
Outcomes: LSSSE
• LSSSE: Law School Survey of Student Engagement
• Third year; builds on NSSE; done by Indiana U. Center for
Survey Research
• Sponsors: AALS, Carnegie Foundation for the Advancement
of Teaching, Indiana University School of Education
• 53 schools in 2005 - Harvard and down the prestige chain,
Northeastern to Southwestern, more privates than publics,
7 California schools
• 21,000/40,000 eligible students participated (34-73%
response rate range; Concord rate was >70%)
• Largest, most reliable law student survey yet done
Outcomes: Some Concord LSSSE Results
2005 Law School Survey of Student Engagement*
Asked questions/contributed in class
Discussed ideas from class with
Professor outside of class
Came to class unprepared (4=never; 1=often)
Provided academic support
Quality of relationships – students (7-1 range)
Quality of relationships – faculty (7-1 range)
Developing legal research skills
Thinking analytically and critically
Working effectively with others
Learning effectively on your own
Solving complex, real-world problems
Encouraged ethical practice of law
Entire educational experience
Concord
1L/4L
All LSSSE
1L/4L
3.04/3.13
2.61/2.83
1.74/1.89
3.43/3.30
3.42/3.62
5.01/5.43
5.93/6.46
2.88/3.72
3.53/3.66
2.32/2.42
3.62/3.79
2.79/3.06
3.21/3.68
3.50/3.88
1.97/1.89
3.29/2.88
2.78/2.59
5.52/5.45
5.26/5.11
3.26/3.04
3.38/3.30
2.39/2.34
3.17/3.10
2.53/2.52
3.03/3.05
3.19/3.08
* Scored from 4 (high) – 1 (low), unless noted
http://www.iub.edu/~lssse
A Day in the Life of a Student,
Concord Style
Get to School …
Go on in …
Grab the School Paper …
Get Organized …
Read the Casebook Assignment …
Take a Quiz …
Get Feedback on the Quiz …
Get Feedback on That Essay You
Completed a Couple of Days Ago …
Listen to a Lecture …
Go to Class …
Check Out a New Case or
Reference from Class, Readings,
Lectures …
Go to a Lecture or Forum …
Participate in Student Life …
• Join SBA, Student Organizations
• Be in a study group
• Hang out in the cyber-hallways, cyber-lounges
• Support a fellow student in need
• Raise money for a worthy cause
• Complain about “the administration”
Take Exams …
And If All Goes Well … Graduate
Concord offers
a sound program of legal education,
But,
Like all new schools, it is a work in
progress
Concord as a “Disruptive Technology”
Clayton Christensen, Harvard Business School
– The Innovator’s Dilemma (1997)
– The Innovator’s Solution (2003)
Proposition: great companies (and institutions) can fail
even if (and maybe precisely because) they do
everything right
Concord as a “Disruptive Technology”
• “Sustaining technologies” foster improved
performance and outcomes
• “Disruptive technologies” may underperform at the
moment, but have features that some value (cheaper,
simpler, more convenient)
• If sustaining technologies progress faster than market
may require, a provider may overshoot – become too
much or too expensive – making room for disruptive
technology to become competitive down the road
Concord as a “Disruptive Technology: Christensen’s
Chart
•
We want to…
… work with law schools, the profession, the
accrediting/bar admissions community,
publishers, tech community, and others to:
• Expand access to legal education
• Make it work better for students
• Moderate cost increases
• Help protect and improve our legal system and
promote the rule of law throughout the world
We are working to…
• Deepen and broaden curriculum
• Build a full skills program
• Improve Academic Support
• Improve Library/Information Resources Program
• Improve career services
• Increase career opportunities for graduates
• Figure out what “faculty” means in our context; work on
governance
Distance Learning in Legal Education: Neither the
Perfect Solution Nor the End of Life as We Know It
•
Distance learning done well adds interest, depth, and perspective that can
make the traditional environment better; focus on how to use it effectively
in our law schools
•
We can learn to live well with distance learning in law schools by:
– Remaining curious and skeptical about all teaching methodologies, not
just distance learning
– By considering that
• it’s evolution, not revolution
• it’s additive, not substitutional
• there are lots of possibilities (e.g., hybrid programs)
• it works well in many contexts – people and program matter more
than format
• facts count, but so does what your intuition tells you
Concord website, usually and soon again:
http://www.concordlawschool.edu
For the moment:
http://info.concordlawschool.edu