ABA Sends Out For Notice And Comment Proposed Law School Accreditation Standards On Learning Outcomes, Processing Complaints Against Law Schools

ABA Memorandum From Bridget Mary McCormack (Council Chair) & William Adams (Managing Director of Accreditation and Legal Education) (Mar. 1, 2024):

At its meeting on February 22-23, 2024, the Council of the Section of Legal Education and Admissions to the Bar (the “Council”) approved for Notice and Comment proposed revisions as follows:

• Part 1: Standards 204, 301, 302, 314, 315, and 403 related to Learning Outcomes
• Part 2: Rules 40-46 related to Processing Complaints against Law Schools

All proposed revisions and accompanying explanations are published on the Section’s website. We solicit and encourage written comments on all the proposals listed above. Please address all written comments to Bridget Mary McCormack, Council Chair and send electronically, in .pdf format, to Fernando Mariduena by April 1, 2024. Written comments received after April 1, 2024, may not be included in the materials considered by the Council at its May 2024 meeting.

Part 1: Revisions to Standards 204, 301, 302, 314, 315, and 403 related to Learning Outcomes

Recommended revisions on all Standards in Part 1 have been through one round of Notice and Comment except for the revisions to Standard 204 and a new Interpretation 403-1. Revisions to each Standard will be discussed below. ...

Part 2: Rules 40-46 related to Processing Complaints against Law Schools

In August 2023, the U.S. Department of Education (USDE) issued the document “Guidance for Ensuring Complaint Procedures for Accrediting Agencies are Timely, Fair, and Equitable” (available here). In light of this guidance and the current review process used by the Managing Director’s Office and Council for complaints alleging non-compliance with the Standards by ABA-approved law schools, Rules 40-46 must be revised to bring the Council’s complaint process into compliance with the new USDE Guidance. The revised Rules include several updates, including changing the complaint review process and timeline, permitting more than one submission method for complaints, and allowing for anonymous complaints. The roles of the Managing Director’s Office and the Council in the process have also been clarified.

Due to the number of revisions and general reorganization within the Rules, a redline version of the changes would be difficult to read and follow. As such, the revisions to Rules 40-46 are below and a copy of the current Rules 40-46 is attached as Appendix A.