ABA Standard 301-6: Out of Compliance, Out of Time

As we continue our discussion of what ABA Standard 301-6 entails, we will discuss what happens when a school is found out of compliance.

ABA Standard 301-6 states that a school found out of compliance and has not been able to come into compliance within a two year period may seek to demonstrate good cause for extending the period the school has to demonstrate compliance by submitting evidence of:

· The school’s trend in bar passage rates for both first-time and subsequent takers: a clear trend of improvement will be considered in the school’s favor, a declining or flat trend against it.

· The length of time the school’s bar passage rates have been below the first-time and ultimate rates established in paragraph A: a shorter time period will be considered in the school’s favor, a longer period against it.

· Actions by the school to address bar passage, particularly the school’s academic rigor and the demonstrated value and effectiveness of the school’s academic support and bar preparation programs: value-added, effective, sustained and pervasive actions to address bar passage problems will be considered in the school’s favor; ineffective or only marginally effective programs or limited action by the school against it.

· Efforts by the school to facilitate bar passage for its graduates who did not pass the bar on prior attempts: effective and sustained efforts by the school will be considered in the school’s favor; ineffective or limited efforts by the school against it.

· Efforts by the school to provide broader access to legal education while maintaining academic rigor: sustained meaningful efforts will be viewed in the school’s favor; intermittent or limited efforts against it.

· The demonstrated likelihood that the school’s students who transfer to other ABA-approved schools will pass the bar examination: transfers by students with a strong likelihood of passing the bar will be considered in the school’s favor, providing the school has undertaken counseling and other appropriate efforts to retain its well-performing students.

· Temporary circumstances beyond the control of the school, but which the school is addressing: for example, a natural disaster that disrupts the school’s operations or a significant increase in the standard for passing the relevant bar examination(s).

· Other factors, consistent with a school’s demonstrated and sustained mission, which the school considers relevant in explaining its deficient bar passage results and in explaining the school’s efforts to improve them.

A good cause extension is not automatic nor is it indefinite in its duration.

In other words, a law school will eventually have to be in compliance with ABA Standard 301-6.

Whether the school gets a good cause extension or not, the clock is running as to whether those schools not in compliance today can make it over this tough new standard. There is a list floating around that states that at least 25 existing law schools will have trouble complying with this standard.