Legal & Records Management study
Issues relating to the concept of the Lifelong Learner Record
Background/Context
The Dearing Inquiry into Higher Education (1997)
recommended the introduction, over the medium term, of a HE Progress File
comprising:
-
A transcript recording student achievement which
should follow a common format devised by institutions collectively
through their representative bodies;
-
A means by which students can monitor, build and
reflect upon their personal development (Personal Development
Planning/Recording)
The Life-long Learner Record (LLR) extends this concept across the whole
gamut of an individual’s educational experience, and is designed to enable
the learner to take control of and improve their own learning and
performance, and more easily to transfer learning between different
contexts, for example between the classroom and the workplace. However, the
rollout of a national LLR system will clearly require a much higher degree
of technological and administrative co-ordination between educational
institutions at all levels, and will inevitably pose a number of difficult
legal questions with regard to issues such as:
-
the efficient, effective and fair collection, collation and use of
learner data;
-
the implementation of processes of identity management and security;
-
assessments of the suitability of proprietary and open source software
solutions;
-
the responsibilities of educational institutions with regard to provision
of effective services to students with special education needs.
Aims and Objectives
The overall aim of the project is to provide early and effective legal
research and guidance to JISC LLR pilot projects and those engaged in
drafting proposed learner information standards and specifications.
The specific objectives are to:
-
Determine the perceptions of the legal and extra-legal risks and benefits
of the LLR amongst stakeholders, regulators and other interested parties.
-
Assess the legal risks to the main objectives of the
LLR to determine if there are particular legal difficulties that might
have the potential to turn into ‘project killers’.
-
Assess the legal risks that might arise in relation to
the wider use of LLR data including linkages to external data
sources
-
Produce strategic reports on the key legal issues likely to affect the
direction and viability of the LLR
-
Create appropriate guidance documentation, provide advisory services for
existing JISC LLR projects and contribute to JISC programme meetings in
the programme area.
Project Methodology
The study will combine a number of research techniques - a literature
review; interviews with key personnel from appropriate educational bodies,
user representatives and regulatory agencies; the use of an expert group
drawn from a range of organisations identified as key participants in the
study, and the use of an advisory group of industry and other
organisations. The study will focus in part upon existing JISC LLR
projects, such as the SHELL and NIIMLE projects, enabling them and their
home institutions to provide relevant background to the analysis of the
existing key legal issues.
Implications/ Deliverables/ Stakeholders
The study is producing 4 workpackages aimed at supporting various aspects
of the work of the JISC LLR projects, and those working on developing
standardised metadata vocabularies or schemas for the
LLR. The 4 workpackages are:
-
Project
Killer Workpackage - an assessment of legal risks to the main
objectives of the LLR to determine if there are particular legal
difficulties that might have the potential to turn into ‘project
killers’. The deliverable of this workpackage is
a report.
-
Aspect
Killer Workpackage - an assessment of the legal risks that might
arise in relation to the wider use of LLR data including linkages
to external data sources. The deliverable of
this workpackage is a report.
-
Legal Aspects of Metadata Workpackage - an
assessment of the effect, over time, of the redefinition of vocabularies
and the processes which use those vocabularies. The deliverable of this workpackage will be a report.
-
Application Profiles Workpackage - an assessment of the legal aspects of
generic application profiles, including vocabularies. The deliverable of this workpackage will be guidance
documentation.
In addition, a number of FAQ's are being produced in response
to issues raised by the projects (see
'Legal issues raised by selected projects from the JISC MLEs for
Lifelong Learning Programme' - February 2005). FAQ's
are available on the topics of:
Other reports include:
A project seminar was held on the 11th April 2005, at Wolverhampton Science
Park Conference Centre, entitled ''Developing Lifelong Learner
Record Systems and ePortfolios in FE and HE: Planning for and coping with
legal issues'. The presentations from this seminar are provided
below:
The findings will be disseminated to users via the Legal Study webpage, by
contributions to JISC programme meetings, and by journal articles and
conference papers.
Project reports
Progress
report - January 2005
Project Staff
Project Director and Manager
Andrew Charlesworth
Director, Centre for IT and Law,
School of Law/Department of Computer Science,
University of Bristol,
Wills Memorial Building, Queens Road, Bristol BS8 1RJ
Telephone: 0117 954 5355
Fax: 0117 925 1870
Email: a.j.charlesworth@bris.ac.uk