Explanatory Memorandum on European Union Document

14116/13

COM(2013) 654 final

{SWD(2013) 341 final}

EXPLANATORY MEMORANDUM ON EUROPEAN UNION DOCUMENT

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENTS, THE COUNCIL, THE EUROPEAN ECONOMICAND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS

Opening up Education: Innovative teaching and learning for all through New Technologies and Open Educational Resources

Submitted by the Department for Business, Innovation and Skills on October 2013

SUBJECT MATTER

In its Communication 'European higher education in the world' of 11 July 2013 (12453/13) the Commission stated that it would 'propose a new initiative for the promotion of digital learning and better use of ICT and OER[1] in education in the autumn of 2013'. This Communication outlines that initiative.

The Communication examines the impact of new technologies and open educational resources (OER) on education both from the perspective of the teacher and the learner. It considers how education in the EU might be stimulated into adopting and adapting these technologies in order to help achieve wider EU objectives notably EU competitiveness, an up-skilled workforce and increased employment. It raises some concern that the EU is at risk of falling behind other key competitors (the USA and some Asian economies) who are already using Information and Communication Technologies (ICT) to transform their education systems.

The Communication identifies three main areas where the impact of technology on EU education needs to be considered:

o  Technology as a disruptive innovation which impacts on teachers and learners;

o  OER – how to ensure (EU) content is accessible for all; and

o  Infrastructure – the need for the underlying infrastructure to support the development of these technologies.

It calls for an integrated approach by Member States (MS) in tackling these issues. It does not propose legislation or make any definite recommendation for specific action by individual MS at this stage.

Detail

Technology: The emergence of OER and new forms of distance learning provision has started to disrupt the traditional model of education provision, most notably in higher education. Taken to the ultimate, new technology allied with OER, offers the prospect of allowing anyone access to education, anytime, anywhere and on any device. This access can be provided at scale.

This is in marked contrast to the traditional model where learners were expected to physically attend an establishment, at set times and were taught via a set curriculum. Historically, numbers accessing education were limited with criteria set by academic qualifications (and often financial means). In the UK, OER and mass distance learning has had a more limited impact to date than in the US where uptake has been in part driven by the high cost of a US college education. Also in the UK it has been the Government’s action in restricting numbers entering HE to limit the cost to the taxpayer, rather than the cost to the student.

These new models offer a far more flexible and far more inclusive form of education provision. At the same time, use of sophisticated education analytics can produce a more personalised learning experience for the individual.

The most prominent application of new technology has been the Massive Open Online Course (MOOC). These allow anyone with access to the internet the ability to study a range of courses for free. To date these have been mainly HE in content and style but their potential use is far wider (in FE, vocational training and skills). The three main MOOC providers are US based.

The use of ICT in teaching is highlighted as of concern, both in terms of how it is used and the ability of teachers to use technology. The latter is part of the broader digital skills issue with significant numbers lacking basic digital skills or access to ICT.

So far validation of on-line courses has been limited. Such courses typically provide learners with an open badge “completion certificate” however these are not validated or accredited by the course provider; equally qualification bodies and employers do not recognise them.

OER are becoming more widespread and are now often of high quality. They offer the opportunity for both teachers and learners and can be used to provide blended learning as well as face to face or online. They have the potential to significantly reduce costs.

Although OER have grown massively in terms of number and variety of subject, they are typically HE orientated and in English. Technical (ie ICT) subjects dominate. The Communication calls for a wider variety of languages and subjects but does highlight two specific issues hindering further OER development within the EU. One area is value added tax (whereby online educational textbooks attract a higher VAT rate than physical textbooks. The other is the issue of copyright. The current EU copyright framework does contain exemptions for teaching material but copyright is a complex area. A concern is whether the Framework offers sufficient transparency and legal certainty for the user.

Infrastructure – broadband is now an essential part of education. The Communication notes the wide range in broadband availability both at home and in the classroom across Member States. Alongside broadband, interoperability and open standards are needed to allow different devices and different software to communicate effectively with each other.

There is a massive market within the EU and world-wide for educational software, applications and technology. The potential for this will be enhanced if broadband and interoperability expand this market, maximising demand and allowing the greatest economies of scale.

SCRUTINY HISTORY

The Department for Business, Innovation and Skills submitted an Explanatory Memorandum on Commission Communication: European higher education in the world (12453/13) on 5th August 2013. The Lords Select Committee on the EU sifted it to Sub-Committee F for further consideration (Sift 1515). The European Scrutiny Committee considered it politically important and cleared it (Report 14, 13/14)

MINISTERIAL RESPONSIBILITY

The Secretary of State for the Department of Business, Innovation and Skills is responsible for Higher and Further Education in England and for copyright. The Secretary of State for Education has responsibility for education in schools (in England). The Secretary of State for Culture, Media and Sport has responsibility for telecommunications.

INTEREST OF THE DEVOLVED ADMINISTRATIONS

Education is a devolved matter under the UK’s devolution settlements although telecommunications (including broadband) is not. Notwithstanding, the Scottish Government is implementing a distinctive digital strategy that will promote sustainable economic growth, which is a devolved matter. Scottish Government Ministers, Welsh Government Ministers and Northern Ireland Executive Ministers all have an interest in education and the devolved administrations have been consulted in the preparation of this EM.

LEGAL AND PROCEDURAL ISSUES

There are no legal or procedural issues. This is not a proposal for legislation.

APPLICATION TO THE EUROPEAN ECONOMIC AREA

This is not applicable to the European Economic Area.

SUBSIDIARITY

Treaty Articles 165 and 166 give the EU only a coordinating and supporting role in education, although legislative measures can be adopted to achieve the objectives. Both Articles state that the Union and the Member States shall foster cooperation with third countries and the competent international organisations respectively in the sphere of education and sport (Article 165 (3)) and vocational training (Article 166 (3)). The Government accepts that such a coordinating role for the EU in education can be useful to Member States. The Government further notes that education is a devolved matter not only in the UK but in a number of other Member States, and it is important that the Commission takes account of this in any proposals it puts forward.

This Communication is not a legislative proposal, but does indicate actions the Commission proposes to take or to propose. Council Conclusions on this Communication are not expected under the current Presidency, but are likely to be put forward by the Greek Presidency for the February Education Council following a policy debate in the November Council. The Government would expect, and argue for, such conclusions to be non-binding.

Separately the Commission is undertaking a review of the EU copyright framework (18th December 2012 Communication on Content in the Digital Single Market) and it may propose changes to that Framework as a result.

POLICY IMPLICATIONS

The Communication paints a general picture of how technology is affecting teaching and learning across the EU. Inevitably it highlights a number of areas where particular issues are specific problems for one or more member states and suggests some possible courses of action, falling either to the Commission or for individual MS. While these actions are reasonable, for the UK they represent areas where work is already being carried out or indeed where no action is necessary.

It should be noted that this is an extremely fast-moving area. New technologies and new educational applications are being developed apace. While there is a lag between development and adoption, there is no evidence that the education market is not reacting.

A one-size-fits-all strategy is not appropriate. Rather than the Commission trying to identify cross-the-board actions or proposals, it seems clear that for the most part it is for Member States to identify the particular issues which apply to their circumstances and to develop and implement national solutions.

The exception would be where an issue relates to European legislation. We note that one area of concern might be copyright. However, this is the subject of a separate Commission review and, if a legislative proposal were to emerge in due course, it would be subject to scrutiny in the normal way.

Technology/OER

UK institutions are already at the forefront of digital education in Europe. The launch of the FutureLearn platform in September 2013 was the first major MOOC development outside of the USA. To date some 24 UK universities have joined FutureLearn as well as the British Library, British Museum and British Council, plus Trinity College Dublin, Monash (Australia) and Auckland (New Zealand). The first courses “go live” in October and FutureLearn has registrations from over 190 countries. This is in addition to a number of smaller MOOC initiatives. We note that France is also about to launch their own MOOC platform.

In terms of European Commission activity, we welcome the support which is to be provided in this area through Erasmus+ and Horizon 2020 as a means of complementing the activity already under way at national level. In particular, research for evidence-based policy is an area where the European Union can provide added value by helping Member States and higher education institutions to understand the challenges and opportunities posed by digital innovation in a longer-term, strategic and cross-border context. Through providing Erasmus+ and Horizon 2020 funding the Commission can also encourage relevant research to be undertaken at an institutional level, as well as to facilitate the exchange of best practice and effective resources and the development of appropriate validation and recognition tools, as the digital agenda evolves.

Currently, digital education is at such an early stage of development and that it is not yet clear in which areas additional European-level activity will be most useful – consequently the European Commission must remain flexible in its responses to developments. For that reason we do not think the EU should attempt to set up any EU wide quality assurance initiatives for OERs. To do so could hamper development and discourage institutions from making content freely available.

Within the UK Jisc, along with the JANET computer network (see below), provides ICT services and support for all HE and FE establishments. Jisc (a private limited company and charity) develops ICT solutions and resources for the education sector as well as making a mass of OER material available http://www.jisc.ac.uk/content. Similarly the UK’s Research Councils take the issue of OER very seriously and make the outputs of their activity as open as possible http://www.rcuk.ac.uk/research/Pages/outputs.aspx

Digital skills

The UK is addressing the subject of digital skills through a multi-strand approach.

In schools a new more ambitious and rigorous computing curriculum is being developed. Its aim is to not only prepare pupils to apply existing digital technologies confidently in further study and employment, but to provide them with the fundamental knowledge and skills needed to create new digital technology products.

In the community the Government supports a range of initiatives to target the different facets of digital exclusion. One strand is lead by Go On UK, the UK’s Digital Skills Alliance, a unique cross-sector partnership, have committed to reaching those who do not have the basic skills and knowledge to operate online. The Government also supports the UK Online Centre network run by the Tinder Foundation. This is comprised of 3,800 community partners who support people to get online and become confident users of computers and the internet. This can enable them to progress on to further learning, employment and active citizenship. Over 1.25m people have so far been helped.

In order to help UK SME s make the most of the opportunities of being online, industry, in partnership with Government and Go On, launched a programme this October to reach 1.6m businesses over the next five years. Its aim is to equip UK SMEs with the digital skills they need to transact online.

The Government has also promoted the creation of the Further Education Learning Technology Action Group (FELTAG) to facilitate better understanding and uptake of education technologies in the further education and skills sector.

The Communication calls for efforts to promote networks of volunteer teachers and digital communities to help the uptake of digital skills. This is the model which the UK has already adopted. The main provider for basic digital skills training is the Tinder Foundation - a staff-owned, not-for- profit, mutual and social enterprise. It coordinates and supports a network of 5,000 local UK online centre partners, the majority of which are run by volunteers.

Accreditation

Although the majority of MOOCs are currently not credit bearing, UK higher education institutions involved in their development use established procedures for academic planning and quality control of the development of course materials, with a focus on learning outcomes. The awarding of academic credit is the responsibility of individual, autonomous institutions, with recourse tonational credit frameworks and guidance included in the Quality Assurance Agency's UK Quality Code.TheAgency is engaging the higher education sector in debate about quality and standards in the development of MOOCs, including the recognition of achievementthrough formal assessment processes.