Law in the Internet Society

Closing Achievement Gaps with the Free Flow of Information: Challenges Posed by America's K-12 Public Education System

JonathanBoyer

Since the influential 1983 report, A Nation at Risk, commissioned by the Reagan administration, political and social focus on the disparity of educational outcomes among various racial and socioeconomic groups -- termed the "achievement gap" -- has sharpened. Although debates continue over the cause of, and measurement validity behind, the achievement gap in America, the ongoing effort to close the achievement gap is universally acknowledged as the primary goal of education reform. From one perspective, a critical prerequisite of creating an environment in which every human brain is able to learn is the extinguishing of intellectual property rights afforded to makers of software and authors in general. If this were reality, teachers and students would have entirely free access to textbooks, curriculum plans, educational software, and an endless variety of reading materials. The sections outlined below attempt to explain how various complexities within the American public education system might inhibit these free-access privileges from working their magic in closing the achievement gap.

Free Textbooks & Curriculum Plans

The presentation of educational material to students in American schools is largely guided by two things: textbooks and curriculum plans. More so than in some other countries, "textbooks are ubiquitous and widely used in classrooms" and are the primary educational crutch of teachers. See How Do Teachers Use Textbooks? Given this entrenched reality, the educational success of a school as a whole (given a normal distribution of teacher quality) largely depends on the quality of available textbooks. When such is the case, it is then exceedingly important to be confident that the absence of monetary incentive to create textbooks, due to lack of property protection, will not reduce the quality of available textbooks. Assuming that "Moglen's Metaphorical Corollary to Faraday's Law" is correct in that creating things for others is an emergent property of human minds, the broader question is whether this holds true for textbooks as it does with respect to educational software. While software programming is fundamentally creative in the sense that manipulation of language in certain ways produces distinctly new interactive capabilities, textbook authoring is arguably much less creative in the sense that manipulation of language in writing is just that -- manipulation of language -- nothing new is spawned. On this front, then, the narrower question is whether this creative difference between textbooks and educational software is a meaningful one from the perspective of Moglen's Law.

Free Educational Software

Free Reading Material

 

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r2 - 13 Nov 2009 - 22:46:15 - JonathanBoyer
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