Only A Small Number Of Law Schools Are At Risk Under The ABA's New Accreditation Standard

Considering that most test takers will pass the bar exam within two years, this might not be such a big deal.

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A few days ago, the ABA’s Section of Legal Education announced that it has revised the law school accreditation rules. Under the revised Standard 316, a law school can lose accreditation if less than 75 percent of the graduating class does not pass the bar exam within two years of graduation.

The critics came back with the usual talking points about how the new rule will negatively affect diversity (particularly underrepresented minorities) in the legal profession and how California law schools are in particular danger due to the state’s higher-than-average pass score.

But is that really the case? I looked at how the council came to its decision.

According to the Section’s FAQ document, the council believed that the 75 percent pass rate was a reasonable expectation of a rigorous legal education program. While its members acknowledged that reasonable people will disagree, the 75 percent came from the professional judgment of various stakeholders. The council was more lenient than the Standards Review Committee, which believed that an 80 percent pass rate was adequate.

The council gave special consideration to California law schools and HBCUs. In 2015, CA ABA-approved schools had a two-year pass rate of 86.3 percent while HBCUs had a two-year pass rate of 75.2 percent. For 2016, CA ABA-approved schools had a two-year pass rate of 85.6 percent while HBCUs had a two-year pass rate of 77.3 percent.

The council also concluded that the two-year time limit was also reasonable because it found that the vast majority of law school graduates passed the bar exam within that time.

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According to a memo from the Section of Legal Education and Admissions to the Bar, its research has found that for the class of 2016, 88.6 percent of bar exam takers passed the exam within two years of graduation. And for the class of 2015, 88.5 percent of bar exam takers passed within two years.

So how will the new standard be enforced? According to the council’s report and the FAQ, if 75 percent of a law school’s graduating class does not pass the bar within two years of graduation, the ABA will notify the school. The school will have two years to provide and implement a reliable plan to get back into compliance or to dispute the council’s findings. The school may also request additional time for good cause. If the next cohort of graduates does not meet the 75 percent passage rate, then the school’s accreditation will be removed unless the council grants an extension of time for good cause or for extraordinary circumstances.

The council noted that the new revision to Standard 316 was made to protect the public and the students. It was not designed to protect law schools nor drive them out of the market. I, for one, believe that. The council correctly stated that no law school can be exempted from reasonable outcomes-based requirements. The haters can hate on the bar exam, but at this moment, bar passage is a fundamental outcome of a legal education program.

Considering that most test takers will pass the bar exam within two years, only a small number of law schools will be at risk under the new standard. The council’s memo shows that it took great care neither to disadvantage minority students nor law schools that cater to them. Even if a school’s accreditation is threatened, it will have time to make changes that will put it back into compliance.


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Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at sachimalbe@excite.com. Or you can connect with him on Twitter (@stevenchung) and connect with him on LinkedIn.