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

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. From one perspective, a critical prerequisite of creating an environment in which every human brain is able to learn is extinguishing 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 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 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 strongly as it does for educational software. While software programming is fundamentally creative in the sense that manipulation of programming 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 quite as new is spawned. The narrower question, then, is whether this creative difference between textbooks and educational software is a meaningful one under the terms of Moglen's Law.

On the assumption that quality of textbooks would not be negatively affected, the benefits of a free textbook market are fairly obvious: associated costs would no longer be crippling to schools in low-income neighborhoods, and, at least theoretically, a richer variety of materials would de-handcuff teachers. At the same time, a free database of more creative curriculum plans, as textbook supplements, would allow teachers to experiment with methodologies at no cost.

Challenges arise, however, not because of theoretical flaws but because of legal and administrative constraints. Particularly since the passage of NCLB, education in the United States has become a large-scale enterprise in which the achievement gap is monitored through implementation of uniform standards, evidence-based practices, and strict quality controls. With such a pervasive force necessitating the near universal standardization of educational practice, serious feasibility concerns arise in terms of organizing, evaluating, and distributing a potentially over-flowing free supply of textbooks and curriculum plans. In a regrettable sense, the smaller the political stranglehold over textbook and curriculum markets, the easier it is to evaluate the educational inputs employed to close the achievement gap. Unfortunately, such a large-scale demands a simple formula despite an exceedingly complex problem.

Free Educational Software

Given a legal regime in which all software is free, it is reasonable to anticipate a re-vitalized software programming environment in which a larger pool of programmers have the freedom to collaborate in producing a greater assortment of educational software. While it is difficult to imagine how this could have a negative effect on education as a whole, there would be challenges in terms of leveraging educational software in a way that could narrow the achievement gap. Beyond the fact that those on the losing side of the achievement gap are typically poor and often lack homes/home-computers, children with inherent neurocognitive deficits and/or unsupportive parents generally present the most complicated educational challenges. Without a sufficient supply of programmers who are cognizant of, and sufficiently understand, these challenges, it is plausible that a free software market would become inundated with programs that are remarkably adept at enhancing the education of natural born learners but less adept at untangling the roots of the achievement gap. In other words, if an educational software market neglects students who are 1+ standard deviations below various cognitive means, educational achievement might be enhanced on average, but the achievement gap might be untouched or even widened.

Free Reading Material

Backed by the legal argument that all children have a right to read and learn, many contend that all reading material should be void of copyright and thus free to all. As a consequence, underfunded schools would be able to afford sorely needed reading materials, and poor children would have unobstructed access to similar materials at home. Unfortunately, though, better access does not create an automatic conveyor belt to educational consumption. More like a necessary baby-step, free access to reading materials is far from sufficient for the purposes of closing the achievement gap. Without a mutually reinforcing combination of parental leadership and intrinsic motivation, educationally starved children would have solid food but no teeth. Or they might rather starve than take the time/energy required to use a can-opener.

At its core, the achievement gap in the United States is marked by social, political, and economic realities that have created inequitable disparities between how various sub-groups of children value and consume particular types of information. Although curing deficient access to information is a necessary goal that might also fully address some individual problems, it is overly optimistic to assume that this alone will significantly affect the achievement gap. Ultimately, the theoretical right to read and learn will not be fully vindicated until behavior patterns strongly associated with socioeconomic status -- reinforced through multiple generations -- are transformed so that a fully-stocked public library next door does not go unmentioned in a child's household.

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