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The ABA is once again trying to strengthen its bar
pass requirements for law schools. They
will consider a proposal to bolster the existing rule, requiring at least 75%
of a school’s graduates to pass the bar within 2 years of graduating or risk
losing accreditation. The ABA rejected the same proposal in February 2017 amid
concern from advocates who said it could imperil schools with a large
percentage of minority students, especially at a time when pass rates across
the country have plummeted.
Black and Hispanic students on average score lower
on the bar exam. While 52% of white takers passed the July 2016 bar exam, that
pass rate was 34% for Hispanics and 21% for African-American test takers,
according to a 2017 state bar report.
The NCBE favors the proposal, stating that law
students have the right to know what their chances are to pass the bar when
looking at a particular school.
The existing standard allows schools to meet the bar
pass threshold in 2 ways. Schools are in compliance as long as at least 75% of
graduates pass the bar exam within 5 years of leaving campus or if their 1st
time pass rate is no lower than 15% of the statewide average.
The proposed change eliminates the first-time pass
rate provision and shortens the time span to meet the 75% threshold from 5 to 2
years. Also, it requires schools to report bar pass rates on all graduates who
take the exam. The existing rule mandates that schools report data for at least
70% of graduates.
A study on repeat test taker by the NCBE found that
very few people take the bar exam more than 4 times, and the number of people
who continue to take the test beyond the 2-year post-graduation point is
negligible. Bar Professors disputes this claim, as most of our students have
taken the bar exam more than 4 times.
Schools reported data on nearly 98% of 2015
graduates who sat for the bar and more than 88% passed within 2 years,
according to a legal education council memo in support of the change. But
results varied by school. In total, 19 of the 203 ABA-accredited law schools
fell short of the 75% pass threshold over two years. 2 of those schools were in
California and 2 were part of Historically Black Colleges and Universities.
The standard is based on the notion that law schools
are supposed to admit people who are qualified and give them a program that
allows them to graduate and pass the bar. The bar pass standard is the best
measure of whether a school is doing that.
Bar
Professors provide private bar exam tutors for repeat takers who have difficulty
with the MBE, MEE, UBE, Florida, California, North Carolina, Texas and New York
bar exams. You can find us at http://barprofessors.com, like us on facebook
at BarProfessors, follow us on
twitter @BarProfessors, email us
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