Those that pursue education ideals must have their feet on the ground. The legal foundation for many emerging education systems in this time of disruptive innovation can be found with legal traditions that have governed commercial enterprises and transactions for centuries. Strong contract relationships and effective regulation will be built on that foundation. Students must be able to exercise freedom of contract rights and access the providers and products of their choice and not only those that others choose for them or needlessly restrict them to. Education quality assurance should focus on real products that are merchantable and reasonably fit for the ordinary purposes they were produced, sold and consumed for – to help a student achieve a learning objective, to credibly assess and validate the learning achievement and to authoritatively declare the achievement to the world. Issues of cost and debt are also best addressed with a focus on the product and product innovation.