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Saturday, October 31, 2015

Florida Coastal Dean Responds To New York Times Editorial On The Law School Crisis

Florida CoastalFlorida Coastal Law School, Dean Scott DeVito’s Response to New York Times Article:

In a recent editorial the New York Times made the claim that Florida Coastal School of Law is participating in a scam. As Dean of Florida Coastal School of Law, and a long-time reader of the Times, I was, to say the least, taken aback. After all, the Times is saying something demonstrably false and which had not been properly fact checked. I am taking this opportunity to provide the information the Times could have had if it had simply asked.

The Times got it wrong when it alleged that our students don’t pass the bar and then stick it to the taxpayers to pay the bill for their student loans. The vast majority of our students do pass the bar. The ultimate pass rate for our students is 93%. We had the third best bar pass average in Florida in February 2015—beating out eight other Florida law schools including “elite” law schools. And in a sea of decreasing bar pass rates Florida Coastal actually increased its first time bar pass rates in 2015. Our alumni repay their loans at a higher rate than the “elite” schools. Approximately 1.1% of alumni at Florida Coastal are in default while 2.5% of alumni at the top 20 universities with law schools are in default. Our alumni even outperform alumni at Ivy League schools who default at a 1.2% rate. This is clearly one place where the Times was wrong and therefore misled its readership by failing to properly fact check. The nationwide for-profit school default rate is very high: 19.1%. But Florida Coastal, one of only 205 American Bar Association accredited law schools, isn’t part of that problem. Our students repay their loans because our students succeed.

The Times was right when it said that Florida Coastal is a for-profit law school. But it is wrong when it implies that for-profit is inherently bad. Sometimes it takes a for-profit entity to right a wrong—in this case the lack of diversity in law schools. The student body in not-for-profit law schools is about 29.7% diverse. According to the U.S. Census bureau, the United States is currently about 37.9% diverse. The student body at Florida Coastal is approximately 44.4% diverse.

The Times also got it right when it said that our students have a very high debt load. You will get no disagreement from me on that and that is an area we at the school take seriously and are working to address. But it doesn’t tell the whole story either. Florida Coastal is a for-profit school. That means we do not have the benefit of taxpayer dollars to fund our students’ education. Yes, their debt load is higher but that is because taxpayers are not paying for our students’ education. In addition, if you want to diversify the profession across race and socio-economic lines, then you will have to admit students who do not have the same resources as students at “elite” law schools. Yes, this means they will have to borrow money to pay living expenses. But would it be better for them not to be able to go to law school?

Florida Coastal students are a success story. That success is driven by a number of factors. First and foremost is the students themselves. I have never seen a more dedicated group of students with such drive and determination to succeed, to become lawyers, and to make the world a better place. (They donated over 140,000 hours of pro bono service to the local North Florida community in the last year alone.) A second factor is our dedicated faculty and staff. Unlike most law schools, Florida Coastal is driven by the goal of teaching students—not on the traditional model of helping faculty build careers by focusing on publishing scholarly work at taxpayer expense. Our faculty do publish in high quality journals like Harvard Environmental Law Review, Yale Law & Policy Review, and Stanford Journal of Complex Litigation. But their scholarly work is secondary to their primary work—teaching. Finally, students’ success at Florida Coastal is built on a data-driven, continuous improvement model of legal education. We have made mistakes. But we identify them, track them, remediate them, and move the school and its students forward as a result.

Rather than attack the school, come out to the school and meet the students, the faculty, and the staff. If the board comes I think they will be delighted with what they see: a law school that is educating and preparing a diverse group of students for success in a way that is better than traditional not-for-profit law schools.

(Hat Tip:  Dean Yellen.)  Prior TaxProf Blog posts:

http://taxprof.typepad.com/taxprof_blog/2015/10/florida-coastal-dean-responds-to-new-york-times-editorial-on-the-law-school-crisis.html

Legal Education | Permalink

Comments

"Rather than attack the school, come out to the school and meet the students, the faculty, and the staff."

As I recall, David Frakt did go out to the school to meet the students, faculty, and staff while interviewing for the job DeVito has now - and in the process he got booted off campus and had his interview unceremoniously terminated for sharing an uncomfortable point of view, which is seeming prescient.

Posted by: yes, but | Oct 31, 2015 3:24:44 AM

February bar pass rates are usually meaningless given how few students take the February bar. Also, the journals you cite sound fancy, but they are specialty journals that are ranked lower than many non-impressive-sounding main journals.

Posted by: JayA | Oct 31, 2015 4:22:43 AM

Yes, nobody in the academy is impressed by such publications.

Posted by: EdgarH | Oct 31, 2015 11:02:49 AM

But if the NYT lied about the Florida Coastal student loan default rate, that is sort of a problem.

Posted by: Questions | Oct 31, 2015 11:53:57 AM

Specialty journals at major law schools are an important outlet for academic research. Anyone who says faculty are not impressed by such publications or do not look to them to learn or understand important legal issues does not know what they are talking about.

Posted by: Anon | Oct 31, 2015 1:19:28 PM

@Anon writes "Specialty journals at major law schools are an important outlet for academic research. Anyone who says faculty are not impressed by such publications or do not look to them to learn or understand important legal issues does not know what they are talking about."

This is pretty easily and quickly refuted by reading ANY of the law professor hiring threads over at PrawfsBlawg. Or by asking any other legal employer, for that matter.

Posted by: Unemployed Northeastern | Oct 31, 2015 3:01:35 PM

The dean's reliance on blogs and questionable sources to support his law school raises more questions about the law school. Perhaps there is some truth to the NY Times statements? Does the dean not know the appropriate forum for libel? And why is Infilaw silent; after all, it's that entity and ultimately Sterling Equity that will take the hit in the pocket? The NY Times is on point for exposing these private equities for the scam they are pulling on naive students. These students and the taxpayers would be left holding the bag just as unsuspecting investors and the taxpayers did in 2007-2008.

Posted by: Is the NY Times Correct? | Oct 31, 2015 4:50:40 PM

How do you sleep at night, Dean DeVito? Seriously.

Posted by: Ruining Lives | Nov 1, 2015 3:57:49 PM

From F.C.'s website:

"Bar Pass Rate

Of the first time takers from Florida Coastal School of Law, 76 percent passed the Florida Bar Exam in 2011.

Of the first time takers from Florida Coastal School of Law, 74.46 percent passed the Florida Bar Exam in 2012.

Of the first time takers from Florida Coastal School of Law, 68.41% percent passed the Florida Bar Exam in 2013."

Is the 96% number from those who repeatedly attempted over the course of a prolonged period?

Posted by: Alexander Grass | Nov 1, 2015 7:50:21 PM

Smoke and mirrors. Dean, can you tell us how many of your students are on Income Based Repayment? Oh, you don't count people unable to make even interest only payments as a default?

Posted by: James | Nov 2, 2015 8:54:58 AM

"That means we do not have the benefit of taxpayer dollars to fund our students’ education."

Yes you do. You have federal student loan dollars. Student loans that the majority of your graduates will never repay due to the income based repayment plans.

Posted by: Jackie Chiles | Nov 2, 2015 8:55:45 AM

when all else fails, go with the diversity card. Thats where these folks are going. Despite the fact they know, whether teh students are "diverse" or not, they have a massive chance of failing the bar with their sub-150 LSAT scores.

Posted by: Bob | Nov 2, 2015 1:05:10 PM

"Our alumni repay their loans at a higher rate than the “elite” schools. Approximately 1.1% of alumni at Florida Coastal are in default while 2.5% of alumni at the top 20 universities with law schools are in default. Our alumni even outperform alumni at Ivy League schools who default at a 1.2% rate."

I have trouble believing that statement. Does anyone on here know if this data regarding loan defaults is publicly available (and if yes, where to find it)?

Posted by: LawProf100 | Nov 3, 2015 8:06:09 AM

The dean is a shyster. Florida coastal grads are hustled into IBR repayment schemes, where they pay a few bucks a month. It's basically default in practice because these folks will never make enough money to pay anywhere close to the cost of their loan, and their loan will be discharged after a 20 something years.

Posted by: History101 | Nov 3, 2015 1:31:50 PM