Journey toward fully online law schools inches forward after ABA Legal Ed council vote
After receiving pushback from law school deans and with many logistical questions looming, the council of the ABA Section of Legal Education and Admissions to the Bar voted to continue examining what standards are necessary to start fully accrediting online-only law schools at its May 17 meeting in Chicago. (Image from Shutterstock)
After receiving pushback from law school deans and with many logistical questions looming, the council of the ABA Section of Legal Education and Admissions to the Bar voted to continue examining what standards are necessary to start fully accrediting online-only law schools at its May 17 meeting in Chicago.
Currently, ABA standards state that only law schools with brick-and-mortar campuses can become accredited, and only fully accredited schools can apply to offer a fully online JD programs. That excludes online law schools starting from scratch.
In January, proposed revisions to Standards 102 and 306 drew the ire of 26 law school deans, including those from the Villanova University Charles Widger School of Law, the University of California at Berkeley School of Law and Penn State Dickinson Law, saying more information was needed regarding bar passage and employment rates of online law school graduates before moving forward.
Their memo states: “The council has not, as far as we know, articulated a rationale for departing from this practice or identified the problem that the proposed revisions to Standard 102 and 306 are intended to solve.”
Faculty and students at Purdue Global Law School, an online-only law school, however, had written in support. Proponents say fully online law schools could offer cheaper tuition than for online programs connected to a traditional school. The lower price plus flexibility would help create a more diverse student body and allow students in remote areas to attend, they say.
While the concept of fully remote law school now stays alive, several steps are necessary before the ABA House of Delegates would make the ultimate decision about online law schools applying for initial provisional approval.
First, the standards committee must draft specific rules for online-only law schools after receiving input from the legal education and higher education communities, said Carla D. Pratt, a council member, during the meeting.
While there are lessons learned from the ABA-approved schools with brick-and-mortar campuses that now have fully online programs, Pratt acknowledged that fully online law schools create special questions.
“For example, would we require that there be a bona fide office somewhere?” asked Pratt, a professor at the University of Oklahoma College of Law. “Would we require that there be a way for prospective students and current students to contact someone via telephone, as well as in person?”
It is also unclear how to handle academic integrity and student privacy issues, she said. She also questioned what impact that a fully online law school might have on attrition and bar pass rates.
After drafting specific rules, the council would then have to approve them for notice and comment, giving the public the opportunity to respond. After that, the council must approve before sending them to the House of Delegates.
At the meeting, Judge Bridget Mary McCormack, council chair, a 2021 ABA Journal Legal Rebel and a retired Michigan Supreme Court chief justice, said she voted to continue looking at the issue after receiving an “an SOS call” from the Conference of Chief Justices related access to justice on legal deserts and on the cost of legal education.
“Taking an affirmative step in the direction of trying to address some of those problems, this is the least we can do,” McCormack said.
