EDG6305 - M7 - Vickrey, J - Legal Guide re: Compulsory Higher Education by Joseph Vickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a en-us 2022-07-18 22:39:00 UTC 2022-07-26 03:50:44 UTC hello@padlet.com 17 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246432561 Recommendations and Implications

To provide a way forward, it is recommended that administrators follow the recommendations provided below...

- The will of the learner or their guardian should be prioritized and protected, even if that means sacrificing any notion of compulsory higher education - landmark precedents by the Supreme Court have repeatedly reinforced this idea across generations

- To that end, any requirement that enforces a strict adherence to a prescribed schedule of completion may present opportunity for legal challenge that is yet uncharted - adminstrators can beat the drum of a four-year completion but are ill-advised to enact policy that demands it 

- While alluring in its presumed equity of opportunity, guaranteeing the admission of those in higher percentile rank than their peers is tantamount to meritocracy and scatters the nest, represented by an inclusive educational system, which was intended by our forefathers to incubate the egg of democracy in a populace

- Question the presumption of equity in such admissions policies referenced above - it aligns with ethical standards advanced by organizations, like UPCEA, that are key in the formation of statutes and rules governing the profession

- When deciding on programming, always ensure that the comprehensiveness of the educational experiences offered is advanced and never degraded - doing so girds the institution against potential losses of funding streams as the comprehensiveness of degree programs offered is increasingly a factor in the distribution of ever-limited federal funding

- Further, any policy which demonstrably protects the quality of the educational experience is endorsed by this guide - such policies are shown to increase the affinity of the experience with students and may assist the administrator in securing a ready pool of talent if larger institutions with deeper pockets represent a significant challenge to your institutions talent development pipeline

- Finally, it is vital that you as an administrator seek to balance the countervailing interests of serving the economy with the manifest of skilled employees and serving the individual with the realization of intrinsic worth - it is further advised that, in any decision between the two, the ethical duty to the intrinsic worth of the individual is more worthy but the fiduciary duty to the community is what is more readily established in statute]]> 2022-07-19 22:59:00 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246432561 16 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246432700 Nowhere is compulsory education more necessary and most difficult than in areas similar to the one I was raised in. 

Necessary in that quality educational programs are shown to be drivers of economic progress such that they help to refill pools of skilled participants in the workforce that are often necessary for attracting businesses and organizations with higher margins.

However, quality is key and, as a result of a lack of utility found in the offering of a course of instruction to communities disinterested in or unrealizing of the need for that knowledge, challenge and comprehensiveness in curriculum tend to suffer.

This both kick-starts and perpetuates a vicious cycle of skill depletion begetting economic disopportunity begetting skill depletion to the level that the town is permanently mired if not eventually shuttered.

Below, I offer a resource to viewers of this padlet that further explores the idea of compulsory education as executed in a rural context.

McShane, M. Q., & Smarick, A. (2019, April 8). To Improve Rural Schools, Focus on their Strengths: Facilitate real school choice, charter conversions, and individual solutions for specific regions. Education Next. https://www.educationnext.org/improve-rural-schools-focus-on-strengths-facilitate-school-choice-charter-conversions-solutions/]]> 2022-07-19 22:59:32 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246432700 15 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246432949 Ten lines are featured in the University Council for Education Administration's (UCEA) Code of Ethics.  Just under a third of them speak to ideals corrollary to and extending towards the ideal of K-16 compulsory education.

  • Enable access to quality education, taking into account not just academic attainment but also the development of the whole student.
  • Value and respect the intrinsic worth of individuals both personally and within multiple communities
  • Value and respect diversity of person, practice and thought.

However, perhaps less importantly than the duty to the learners served by university administrators - and administrations therein - that are adherent to this code, there is also this item...

  • Cultivate critique and challenge trends in policy and governance, such as national, state, organizational, professional and accreditation standards of practice and market-driven forces.

...which seems to provide a rallying cry to administrators to forego what's standard in favor of what's thought of as unfathomable. Just as unfathomable as the idea of compulsory higher education is to most in America today.

Code of Ethics. (2014, September 1). UCEA: University Council for Educational Administration. http://www.ucea.org/2014/09/01/code-ethics/

Code of Ethics - UCEA: University Council for Educational Administration UCEA: University Council for Educational Administration

]]> 2022-07-19 23:00:18 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246432949 14 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246433352 The admissions policy of Angelo State University (ASU) was selected as it represents the philosophy of achievement necessitating obstacles and runs counter to the obstacle-clearance philosophy that carries the concept of compulsory K-16 education in such a perennial fashion - as evidenced by the remarks by James Bryant Conant in his speech delivered at the Charter Day of the University of California in 1940 being mirrored by UPCEA President, Anthony P. Carnevale in his address to that organization's membership in 2015. (Conant, 1940; Carnevale, 2015)

Particularly, it's noted that ASU's policy regarding admissions sets a more stringent standard to lower castes of high school graduates, especially those in more densely populated school systems, as represented by standards associated with percentile rank among their contemporaries (see heading 'Assured Admission of Freshman Applicants' from the citation provided below).

This delivers a situation in which, (though lawfully inclusive in that the standard is very clear, is applied stringently across all candidates for admission, and is common to the industry), collegiate experience is clearly communicated as a privilege, not a necessity - and certainly not a right.

Mikulik, K. (2020, December). OP 10.01 Undergraduate Student Admissions. Angelo.policystat.com; Angelo State University. https://angelo.policystat.com/policy/10658711/latest


]]> 2022-07-19 23:01:21 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246433352 13 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246433468 Administrative Sources of Law Impacting Compulsory Education

34 CFR § 463. (n.d.). Code of Federal Regulations; National Archives and Records Administration (NARA). Retrieved July 22, 2022, from https://www.ecfr.gov/current/title-34/subtitle-B/chapter-IV/part-463

This federal regulation provides within it a substantial extension of funding for a number of programs that are foremost exacted at, '[Assisting] adults to become literate and obtain the knowledge and skills necessary for employment and economic self-sufficiency.' 

This language could prove the point of embarkation for compulsory K-16 were the K-12 system of education to prove unable to meet a minimum standard of economic security to it's graduates.   

19 Tex. Admin Code § 400.4. (n.d.). Texas Administrative Code; Texas Secretary of State. Retrieved July 21, 2022, from https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=9&ch=400&rl=4

This regulation issued by Texas demonstrates a popular will by states to ensure the health of the economic systems via a robust incentive for upskilling.

However, both do little to advance any claim that education is compulsory.  

Additionally, many market forces are eroding the expedience of shoring higher education's enrollment woes - chief among them the dropping of degree requirements by many employers. (UPCEA, 2022)]]> 2022-07-19 23:01:42 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246433468 12 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246433651 Judicial Sources of Law Impacting Compulsory Education

Pierce v. Society of the Sisters. (1925, July 1). FindLaw; United States Supreme Court. https://caselaw.findlaw.com/us-supreme-court/268/510.html

This case established that choice of school is a right vested in the authority and faculty of the parents and guardians of children below the age of majority.

It impacts compulsory K-16 in that it draws a clear line that federal and state institutions cannot cross - the enforcement of how compulsory education is to be delivered.

Further, it established that without means of transport for distances of three miles or more that attendance is not compulsory.


Wisconsin v Yoder. (1972, May 15). Findlaw; United States Supreme Court. https://caselaw.findlaw.com/us-supreme-court/406/205.html

This case enforced language established in Pierce v Society of Sisters that introduced the limit of compulsion being 8th grade.  It also furthered the interest of the parent or guardian in the decisions related to their ward's education such that they are able to deny compulsion prior to completion of the minimum standard of completion for the state (as was set by Pierce v Society of Sisters, 1972).

]]> 2022-07-19 23:02:13 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246433651 11 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246433707 Statutory Sources of Law Impacting Compulsory Higer Education

Duckworth, T. (2021, September 22). Text - S.2800 - 117th Congress (2021-2022): Community College to Career Fund in Higher Education Act. Www.congress.gov. https://www.congress.gov/bill/117th-congress/senate-bill/2800/text?q=%7B%22search%22%3A%5B%22CARL+D.+PERKINS+CAREER+AND+TECHNICAL++EDUCATION+ACT+OF+2006%22%2C%22CARL%22%2C%22D.%22%2C%22PERKINS%22%2C%22CAREER%22%2C%22TECHNICAL%22%2C%22EDUCATION%22%2C%22ACT%22%2C%22OF%22%2C%222006%22%5D%7D&r=5&s=1

In this bill introduced before the Senate last year and referred to committee there is the mention of a prioritization of entities that, 'commit to increasing access to education and workforce training programs or activities that meet the needs of employers in in-demand industry sectors or occupations.' 

Given the pervasive requirement of a bachelor's over the course of the last three decades, this language in it's imprecision with regard to the nature of commitment and increased access sets up a scenario in which the federal government outlays funds in support of agents and organizations lobbying for compulsory higher education - as was en vogue circa 2014-15. 

Tex. Education Code § 51.803. (n.d.). Statutes.capitol.texas.gov; Texas Secretary of State. Retrieved July 22, 2022, from https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm#51.803

By codifying a tiered admission to a public university, we see tacit waiver of the state to any right to compulsion in education it could lay claim to.]]> 2022-07-19 23:02:26 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246433707 10 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246433917 Constitutional Sources of Law Impacting Compulsory Education

Northwest Ordinance (1787). (2021, May 17). National Archives. https://www.archives.gov/milestone-documents/northwest-ordinance

Compulsory education finds its first foothold in the fabric of American democracy in this ordinance which states, 'Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.' 

Note though, it leaves the level of effort required by the state judged by imprecise measure (i.e., 'encouraged').

Declaration of Independence of Texas, 1836 | TSLAC. (2016). Texas.gov. https://www.tsl.texas.gov/treasures/republic/declaration.html

Further in this declaration it states, '[The Mexican government] has failed to establish any public system of education, although possessed of almost boundless resources, (the public domain,) and although it is an axiom in political science, that unless a people are educated and enlightened, it is idle to expect the continuance of civil liberty, or the capacity for self government,' which carries with its utterance the idea that not only is public education a right, but a requirement levied on the collective by the individual.]]> 2022-07-19 23:03:10 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246433917 8 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246434027 To the final condition to be proved, what level of acceptability would such a proposal find in legislators and public executives and administrators?

Access, Education, and Today’s Workforce | UNBOUND (upcea.edu)

- In this admittedly dated, but relevant, address, Dr. Anthony Carnevale points to increased pressure on higher education institutions to achieve ever-more efficacious learning outcomes by legislators and executives involved in the governance of public investment in post-secondary education.

- He also echoes sentiments revolving around access to opportunity and a robust present in more contemporary articles previously featured in this guide and the Constitutional sources of compulsory education yet to be introduced.

This demonstrates the willingness of those activists and advocates of diversity, equity, and inclusion to bear their attention on the goal of educational attainment - a phenomenology that is just as present today as was when this speech was given (April 2015).]]> 2022-07-19 23:03:31 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246434027 6 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246434133 To the third condition to be proved, how likely is it that higher education institutions will seek compulsory education as a solution for what ails their enrollment? (Put another way, what other options do they have?)

Colleges’ new solution to enrollment declines: Stopping drop outs (hechingerreport.org)

- The case study provided points to a number of things, things within the locus of control of many smaller higher education institutions, that can combat the epidemic of dropouts.

- Namely, these changes center on institutional introspection and the smoothing of administrative frictions that detract from the experience of enrolling in and attending colleges and universities.

- However, the first change introduced in the article, vehemently and stringently communicating a strict timeline to degree completion, represents a monumental shift in the agency tied to participation in higher education.

While many of these changes represent a renewed empowerment by higher education institutions in the battle to increase and normalize a higher enrollment figure, the first change represents a change that may prove to be the leading indication that compulsory education is not only acceptable but the goal.

]]> 2022-07-19 23:03:48 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246434133 3 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246434284 UPCEA's professional development offerings titled 'Overview of Professional, Continuing, and Online Education (PCO)' and 'The Nature of American Higher Education' provide the attendee a baseline of information and perspective to draw from when approaching the issue of compulsory higher education. 

In 'The Nature of American Higher Education' one can expect to learn about 'the realities, issues, and future prospects colleges and universities face' as well as the 'historical development of the modern American university'.  (UPCEA Learning: The Nature of American Higher Education - July 2022 (PCO 101-1), 2022)

In 'Overview of [PCO]' one will be provided, 'a broad understanding of the variety of roles and models for professional, continuing, and online education across the academic landscape -- and the issues and opportunities they face.' (UPCEA Learning: UPCEA Online Professional Development Course Catalog, 2022)


]]> 2022-07-19 23:04:18 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246434284 2 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246434639 While not an interview in the traditional sense, I engaged the professional learning community of fellow educators I've cultivated over the course of my time instructing at Goodfellow on social media on the question of compulsory higher education in two senses.  The first, and most direct, 'What do you think are the emergent trends or issues related to the topic of compulsory education and/or higher education enrollment?'  The second, and far less direct, '...is greater motivation found in the work one does to secure an educational or instructional resource?'

A colleague, Remi Whiteside, former technical training instructor, answered with an air of shock that the question of compulsory education was even entertained alluding that 'a recessive economy...with talks of student debt cancellation' seem to make this more fantasy than reality.

He went on to imply that such a shift would constitute an admission of ineptitude.  This is inherent in the statement...

'There would have to be a huge moment of reckoning for higher education to move into a less costly, center of excellence mindset as opposed to the business model every institution currently runs on.'

In a later exchange with another colleague, Paul Harvey, current training manager and an educational practitioner with more than a decade's worth of experience in the post-secondary, vocational preparation environment that is Goodfellow AFB, he initially addressed the second question with a focus on the cognitive realm.

'Something that has "desirable difficulties" codes in a way more likely to allow long-term recall than something absent desirable difficulties.  But, undesirable difficulties - dyslexia, distraction, various extraneous cognitive loads - decrease the ability to encode in a way that allow long-term recall.'  

He then went on to add to this with a particular focus on the spiritual, (in that I mean the context of will of a learner - not the religious sense), dimension of learning... 

'I think a part of what you're saying might be addressed by motivation or value theories.  If I'm motivated, I'm likely to endure in pursuit of the educational resource. ... Various value theories might tell us that we value most those things hardest earned.'  

What I gather from this is that compulsory education in higher education is a topic worth exploring as the pursuit of higher education, often taken on during the establishment of an individual's initial introduction to the self-reliance required in adulthood, currently requires a remarkably prominent level of motivation and commitment which may be necessary given the expectation levied on the learner to retain the information garnered in perpetuity.  Enacting a legal environment that lowers or eliminates the hurdles associated may do more harm to the learner and the workforce than the good found in the execution of initiatives aimed at the inclusion of all America's citizens in the discourses of public specie.

Finally, the exchanges also rendered significant countermanding forces that the legislative and executive authorities at various levels will have to address to execute some ideal of compulsory higher education.


]]> 2022-07-19 23:05:32 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246434639 1 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246435007 Give Way to the Great Desertion?  
A Legal Guide for University Admistrators Looking to Boost Enrollment by way of Compulsory Requirement

While the biggest push for compulsory higher education came in 2014-2015 without effect, one would think the question settled.  

But, given a number of higher education association blogs featuring several articles that project an air of panic at the falling enrollment rates seen over the last few years, it sets up a decision space that’s constrained - to say the least. 

Given the backdrop of a technological and scientific challenge from foreign competition, lobbying efforts by for-profit, private, and even public institutions may find a sympathetic ear to such a proposal (compulsory higher education) in Congress.]]> 2022-07-19 23:06:44 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2246435007 5 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2247161446 To the second condition to be proved, how desperate is the situation for higher education institutions with regard to student enrollment and institution survivability?

The Failing Links in Higher Ed - UPCEA

- Enrollments, key to the vitality of higher education institutions, have dropped by three million over the last decade.

- Driving this drop in enrollments is not only the disinterest in higher education by high-schoolers, but also the loss of interest by those formerly enrolled and a general easing of degree requirements in job advertisements posted by employers - to include federal and state governments.

- Additionally, 'alternative credentialing' opportunities compound the problem by providing faster and cheaper alternatives to the more traditional higher education model.

- Finally, the author attempts to rally colleagues and compatriots around the notion of 'serving the needs of employers and society as a whole' and 'collaborate outside the instituion' to save higher education from these threats.

This informs the decision by highlighting the number of challenges, quite pervasive in their presentation, that are presented to the current model of higher education and demonstrates the propensity of those connected with organizations like UPCEA to engage in whatever effort is needed to curb enrollment losses.


]]> 2022-07-20 23:39:33 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2247161446 4 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2247161624 To the first condition to be proved, how pervasive are lobbying efforts by higher education institutions?

Higher education lobbying has declined, but will that change? (insidehighered.com)

- Many institutions, particularly smaller universities and colleges, have ceased efforts to lobby legislators yet continue to engage executives - sometimes more aggressively than in the past.

- The decline began in 2011 when Congress disallowed earmarks in the budgetary process.

- Much of the engagement of executives centered on accreditation standards and sexual assault and harassment, but also included efforts to secure grants that would be used to support research efforts.

- Particularly interesting is the impact that the cessation of earmarks has had on educational quality - one lobbyist is quoted as saying,

[grant funding] is highly competitive... Most kids go to college within 50 miles of where they live.  All students in the U.S. should have access to really quality experiences and great scientific resources. ... The big ones have gotten bigger.

- Another politico is quoted on the issue of legislative transparency in the article,

The irony is that in the interests of greater transparency, we've driven discussions further underground.

These points demonstrate a coalescing of educational opportunity around larger institutions to the detriment of students being able to access the same quality educational experiences they used to - something that might draw the attention of activists and legislators in the years to come.
]]> 2022-07-20 23:40:03 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2247161624 7 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2247245825 To the third condition to be proved, how likely is it that higher education institutions will seek compulsory education as a solution for what ails their enrollment? (continued)

Is It Time for K-16? (brookings.edu)

- Though beyond the confines of 'current', this advocacy article by the Brookings Institute points to market forces necessitating the completion of higher education opportunities - 'advances in computer technology, the acceleration of globalization, and the decline of unionization' - which are still felt today.

- Further, it asserts the goal of post-secondary education for everyone is the paver of the road to the 'American Dream'.

- Finally, an precarious statistic is racked in the middle of the article, 

'...college graduation rates for high-income high schooler jumped by nearly 20 percentage points between the 1970s and 1990s, while only increasing by 4 percentage points for low-income students.'

This article points to a particular phenomenology that, if realized and recognized today, could set diversity, equity, and inclusion activists', a fair majority of whom are working in education, down the warpath toward ensuring compulsory K-16 education.
]]> 2022-07-21 01:46:40 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2247245825 9 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2247292146 To the final condition to be proved, what level of acceptability would such a proposal find in legislators and public executives and administrators? (continued)

America’s higher education system should work for everyone - The Bay State Banner

- Present in this contemporary source is the economic argument for free post-secondary education.

- Also present are two examples of how such a model would be imagined.

- Poignantly, however, those examples still protect the agency of the learner in deciding their level of particpation.

Ultimately, what we're left with at the end of our journey through the headlines is a sense that, as prudent as it may be for the individual, the economy, and a nation rested on the bedrock of an inclusive society to enact compulsory education, the decision is likely to remain in the hands of the individual.]]> 2022-07-21 02:45:26 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2247292146 18 jvickrey https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2247874337 Additional Texts

Camp, M. J. (2021, September 4). Higher Ed Needs Lobbyists Too. Teachers College - Columbia University. https://www.tc.columbia.edu/articles/2021/september/higher-ed-needs-lobbyists-too/

Conant, J. B. (1940, March 28). Education for a Classless Society - 40.05. Www.theatlantic.com. https://www.theatlantic.com/past/docs/issues/95sep/ets/edcla.htm

The Compilation : Part IV. Rights Based Perspective, 4/12. (n.d.). Www.un.org. Retrieved July 19, 2022, from https://www.un.org/esa/socdev/enable/discom403.htm

The Higher Education Act (HEA): A Primer. (2018). Congressional Research Service. https://www.acenet.edu/Documents/CRS-HEA-Primer-October-2018.pdf

]]> 2022-07-22 01:05:33 UTC https://padlet.com/jvickrey/l7r9poyawbq3kl2a/wish/2247874337