Twenty-third Report of Session 2013-14 - European Scrutiny Committee Contents


6   Opening up education: innovative teaching and learning through new technologies

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COM(13) 654

Commission Communication: Opening up Education: Innovative teaching and learning for all through new Technologies and Open Educational Resources

Legal baseArticle 209 TFEU;
Document originated25 September 2013
Deposited in Parliament30 September 2013
DepartmentBusiness, Innovation and Skills
Basis of considerationEM of 11 October 2013
Previous Committee ReportNone; but see (35199) 12453/13: HC 83-xiii (2013-14), chapter 36 (4 September 2013)
Discussion in CouncilNovember 2013
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information requested

Background

6.1  Education and vocational training are policy areas in which the EU has a limited competence to "support, coordinate or supplement" the actions of Member States.[31] Articles 165 and 166 TFEU foresee a role for the EU in encouraging cooperation between Member States and supporting and supplementing their actions, with a view to developing "quality education" and vocational training policies. The types of action envisaged at EU level include promoting language and distance learning, mobility, the recognition of academic qualifications, and the exchange of information on issues common to Member States' education and vocational training systems, with a particular emphasis on vocational training as a means of adapting to changing labour market needs. Action at EU level is limited to the adoption of "incentive measures" and non-binding policy recommendations and must respect Member States' responsibility for the content of teaching and organisation of their education and vocational training systems.

6.2  In its most recent Communication in this area, "European higher education in the world" of 11 July 2013, the Commission considered the changing landscape for European higher education institutions and the challenges and opportunities they face as a result of burgeoning student numbers in countries such as China, Brazil and India, increasing mobility, and the emergence of digital learning. It noted that global demand for higher education was expected to grow exponentially, with the current worldwide student population expanding from 99 million today to 414 million by 2030, with most of this growth being in emerging economies. It is considered in depth in the Report of our meeting on 4 September 2013.[32]

Our assessment

6.3  We noted that the Government broadly endorsed the Commission's analysis of the challenges and opportunities which the rapid growth in student numbers, increasing mobility and the emergence of new digital technologies present for higher education institutions in the EU. We considered that the Commission's recognition that a "one-size-fits-all" approach is impracticable, given the diversity that exists within the higher education sector in Europe, was important.

6.4  We agreed that the Government was right to emphasise the need for EU action to complement, not duplicate, the efforts of Member States and to respect the institutional autonomy of higher education providers.

6.5  Whilst clearing the Communication from scrutiny, we also drew it to the attention of the Business, Innovation and Skills Committee because it addressed issues that were likely to be of particular significance to the UK higher education sector in developing its international profile and reach.[33]

The Commission Communication

6.6  The previous Communication stated that the Commission would propose a new initiative for the promotion of digital learning and better use of Information and Communication Technology (ICT) and Open Educational Resources (OER)[34] in education in the autumn of 2013. This Communication outlines that initiative.

6.7  The Communication considers how education in the EU might be stimulated into adopting and adapting these technologies in order to help achieve wider EU objectives, notably increased competitiveness, a more skilled workforce and increased employment. It expresses some concern that the EU is at risk of falling behind other key competitors — particularly the USA and some Asian economies — who are already using ICT to transform their education systems.

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

—  Technology as a disruptive innovation that affects both teachers and learners;

—  OER: how to ensure EU content is accessible for all; and

—  Infrastructure: the need for the underlying infrastructure to support the development of these technologies.

6.9  The Commission calls for an integrated approach by Member States in tackling these issues. It does not propose legislation, nor make any definite recommendation for specific action by Member States at this stage.

6.10  In his Explanatory Memorandum of 11 October 2013, the Minister for Universities and Science at the Department for Business, Innovation and Skills (Mr David Willetts) highlights the following aspects of the Communication thus:

"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."

6.11  With regard to the question of Subsidiarity, the Minister notes that Articles 165 and 166 TFEU 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)), going on to state that:

"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."

6.12  With regard to the Interest of the Devolved Administrations, the Minister says:

"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."

The Government's view

6.13   The Minister of State for Universities and Science (Mr David Willets) describes the Communication as "a general picture of how technology is affecting teaching and learning across the EU" that both 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 Member States . He says that "[w]hile these actions are reasonable, for the UK they represent areas where work is already being carried out or indeed where no action is necessary."

6.14  The Minister then comments in detail as follows:

"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,[35] along with the JANET computer network[36] (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 to national credit frameworks and guidance included in the Quality Assurance Agency's UK Quality Code.  The Agency is engaging the higher education sector in debate about quality and standards in the development of MOOCs, including the recognition of achievement through formal assessment processes.

"It is worth noting that the recent BIS literature review "the Maturing of the MOOC" found learners currently attached a relatively low importance to the issue of accreditation.

"It is not clear what role the EC will play in relation to teachers' professional development through open online courses. More details need to be supplied in order for the appropriateness of this activity to be assessed. This recommendation is of some concern when read in conjunction with the High Level Group on the Modernisation of Higher Education's recommendations on Teaching and Learning, which stipulate that all staff teaching in higher education institutions by 2020 should have received certified pedagogical training. It is important in this context to recognise that voluntary frameworks, including but not limited to the Higher Education Academy's UK Professional Standards Framework (PSF) and optional accreditation service, are already in place in the UK and that no European level counterpart is deemed necessary.

"SCHOOLS

"The actions for Member States for schools are reasonable, but they are obvious and we would resist future Conclusions drafted in this area that specify what Member States should to do. We believe that EU level activity needs to concentrate on where it can add value, for example through the use of the education programmes and associated funding. EU activity should also give Member States examples of what is working, and what is possible, and let them decide how to use that information.

"COPYRIGHT

"The Communication calls for more OER to be made available. As noted the FutureLearn platform will make quality MOOCs freely available and both Jisc and the Research Council already provide OER. There are also a number of open access courses providing OER (e.g.) the Open Media project at Coventry University, the Open University's various collaborations with the BBC. We note that the Commission is itself reviewing the EU Copyright Framework to establish whether this provides sufficient transparency and legal certainty for users. If a legislative proposal were to emerge in due course, it would be subject to scrutiny in the normal way.

"Certain uses of copyright works for education have long been permitted in UK copyright law, but current provisions can lead to obstacles in the modern teaching environment. The UK Government aims to extend and clarify authorised uses for copyright material, including digital uses via electronic networks. This would reduce the cost and complexity associated with using copyright materials for education.

"The Government's proposals are intended to introduce greater transparency and legal certainty for both users and authors, and these marry with the Commission's suggestions. Educational establishments will be able to make use of a greater range copyright material with a reduced administrative burden, without adversely affecting licensing revenues for rights holders.

"VAT

"This Communication highlights VAT rates, including those for digital and physical text books, and refers to the EU Commission's review of VAT rates as set out in its Communication on the Future of VAT (EM reference 18288/11).  In that Communication, the Commission indicated that it would undertake a review of the current EU VAT rates structure with a view to producing a legislative proposal by the end of 2013. The Commission is still undertaking that review and at this stage it is unclear what the outcome will be.  If a legislative proposal were to emerge in due course, it would be subject to scrutiny in the normal way.

"The UK currently applies a zero-rate to physical books, as allowed under the terms of our accession agreement, and the standard rate to e-books, as required under existing EU VAT law.

"BROADBAND INFRASTRUCTURE

"The UK is well-served by broadband. 99.1% of the UK has 3G mobile coverage (from at least one mobile operator); some 94% has ADSL broadband while around 73% of the UK premises are served by superfast broadband. In addition 4G roll-out continues apace. Notwithstanding, there are significant regional variations, for example, even after substantial public subsidy in Scotland, 16% of premises in the Highlands and Islands will remain beyond the reach of next generation broadband. And even though mobile operators are meeting their current 3G coverage obligations of 95% of the UK population, rural coverage is still poor and is as low as 91% in parts of rural Scotland.

"In terms of individual take-up, some 20% of the UK population do not have broadband at home. However, for most of the have-nots, it is a matter of personal choice not to have internet access with only 6% wanting access but not able to.

"Further enhancement continues. The Government set itself the target of seeing a transformation of broadband services by 2015. The private sector will deliver superfast broadband to two-thirds of the country, including through the roll-out by BT of its superfast broadband network and through Virgin Media's footprint. BT has brought forward the target for completion of its network from 2015 to 2014.

"To help achieve this, the Government has allocated £530m to support broadband roll-out in the largely non-urban areas that would not otherwise be commercially viable to the private sector. Together with local match funding (including from European programmes) the available funding is expected to be sufficient for superfast broadband to be extended to 90% of premises and to ensure universal availability of standard broadband. The Government also announced in June that it would investing further; up to £250 million, locally match-funding, would be invested to extend superfast broadband provision from current coverage plans, so that 95% of UK premises will have access to superfast broadband by 2017 and that it would be exploring with industry how to expand coverage further, using more innovative fixed, wireless and mobile broadband solutions, to reach at least 99% of premises in the UK by 2018.

"The Government has a project to improve mobile coverage across the UK and appointed communication infrastructure and media services company Arqiva to deliver the £150m Mobile Infrastructure Project (MIP).

"For schools broadband provision is an individual matter, and, although all schools have internet access, budgets for ICT are delegated to individual schools. It is up to each school to determine the amount of bandwidth required and how ICT is deployed. The position is different at HE and FE where the demand for access and bandwidth is far higher and co-ordinated via JANET operated by Jisc.

"JANET provides all of the UK's HE and FE colleges with broadband connections and ICT support. In 2012 BIS established a £145m programme to develop a coherent infrastructure for the UK's education and research sectors. Of this some £26m was directed at upgrading the JANET network for provide a core backbone fibre network linking the 18 regional networks serving universities and colleges across the UK. By 2018, JANET will have a backbone capacity of 8,000 GBit/s."

6.15  With regard to the possible Financial Implications of the Communication, the Minister says the UK is already active in the areas highlighted by the recommendations and actions in this Communication and there does not appear that any additional action or expenditure would result other than planned.

6.16  Finally, the Minister notes that Education and the Information Economy formed two separate strategies published in 2013 under the wider umbrella of the Government's Industrial Strategy, and that both strategies included extensive consultation with a wide range of stakeholders on a number of key issues.[37]

6.17  Looking ahead, the Minister says that, although not a legislative proposal, the Communication does indicate actions the Commission proposes to take or to propose; and that Council Conclusions on this Communication 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".

6.18  The Minister also notes that, separately, the Commission is undertaking a review of the EU copyright framework (he refers to the 18 December 2012 Communication on Content in the Digital Single Market)[38] and may propose changes to that framework as a result.

Conclusion

6.19   The Minister is right to emphasise that a one-size-fits-all approach is inappropriate and that it is for the most part for Member States to identify the particular issues which apply to their circumstances and to develop and implement national solutions; and that the Commission should concentrate on where it can add value to and complement activity at Member State level, remain flexible in this fast-moving area and avoid the pursuit of prescriptions, e.g., any attempt to set up EU-wide quality assurance for OERs or HE professionals. The Minister also indicates some concern over the Commission's approach to schools.

6.20  We would therefore like the Minister to write to us about the outcome of the discussion at the November Council, with his views on how this is likely to be reflected in the Council Conclusions that he anticipates, and to say if his concerns remain or have been satisfied.

6.21  We would also like him to explain what he means by "non-binding" Council Conclusions: in our estimation, Council Conclusions are indivisible and carry equal weight.

6.22  In the meantime, we shall retain the Commission Communication under scrutiny.

6.23  For the same reasons as previously, we are also drawing this chapter of our Report to the attention of the Business, Innovation and Skills Committee.





31   See Article 6 of the Treaty on the Functioning of the European Union (TFEU)Back

32   See headnote. Back

33   See headnote: (35199) 12453/13: HC 83-xiii (2013-14), chapter 36 (4 September 2013). Back

34   Open Educational Resources (OER) are digital materials that can be used, re-used and repurposed for teaching, learning, research and more, made freely available online through open licences such as Creative Commons. OER include a varied range of digital assets from course materials, content modules, collections, and journals to digital images, music and video clips. Back

35   Jisc are a registered charity who (according to their website) "champion the use of digital technologies in UK education and research" and who "[f]or over 20 years, ... have constantly pushed the boundaries, encouraging the adoption and usage of digital technologies within UK teaching, learning and research". See http://www.jisc.ac.uk/ for full information. Back

36   According to its website, Janet is a part of Jisc Collections and Janet Limited, a Jisc company; manages the operation and development of the Janet network, on behalf of Jisc; and is government funded, "with the primary aim of providing and developing a network infrastructure that meets the needs of the research and education communities". See https://www.ja.net/ for full information. Back

37   The Minister says that these strategies can be found at:https://www.gov.uk/government/organisations/department-for-business-innovation-skills/series/industrial-strategy-government-and-industry-in-partnership. Back

38   COM(12) 789: for the Committee's consideration of this Commission Communication, see (34577) 17983/12: HC 86-xxix (2012-13), chapter 10 (23 January 2013). Back


 
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Prepared 4 December 2013