Rules Regulating Accreditation of Law Schools in
California
Factors and Comments Governing the
Interpretation and Application of the Standards
(temporary Guidelines for Accredited Law School Rules
)
Section 2.01 Preamble
Section 2.01 (A) Lawful
Operation
Section 2.01 (B) Integrity
Section 2.01 (C)
Governance
Section 2.01 (D) Educational
Program
Section 2.01 (E) Dean and
Faculty
Section 2.01 (F) Library
Section 2.01 (G)
Admissions
Section 2.01 (H) Scholastic
Standards
Section 2.01 (I) Physical
Resources
Section 2.01 (J) Financial
Resources
Section 2.01 (K) Records and
Reports
Section 2.01 (L) Equal Opportunity
and Non-Discrimination
Supplemental Factors and
Comments
Library Content
Appendix
Section 2.01 Preamble. To become
accredited, a law school must establish that its paramount
objective is to provide a sound legal education. Financial
considerations shall not dictate nor adversely affect the
educational program. The school shall not retain any student who is
obviously unqualified or who does not appear to have a reasonable
prospect of completing the program and acquiring the educational
qualifications necessary for admission to practice law in
California.
Comment: The Committee of Bar Examiners (Committee) has
previously adopted and from time to time amended the "Factors
Governing the Interpretation and Application of the Standards" then
in place for accreditation of law schools. The Rules Regulating
Admission to Practice Law in California, Rule XVIII set forth the
Standards, in Section 2 (1) paragraphs (A) through (M). The
"Factors" were issued as an appendix to Rule XVIII, pursuant to
Section 2 (2). The Factors quantify the Standards and, generally,
serve as a guide for the operation of an accredited law school.
These Standards are in large part derived from the former
Standards, and similarly, these Factors and Comments are in large
part derived from the former Factors. They are designed to
elucidate revised Standards contained in the Rules Regulating
Accreditation of Law Schools in California, adopted by the
Committee in November 1995 and approved by the Board of Governors
January 27, 1996.
Section 2.01 (A) Lawful Operation. The
law school shall be a residence law school operated in compliance
with all applicable federal, state, and local laws and regulations.
The law school shall be qualified as a degree-granting institution
under the laws of California, if located in California, or of the
state in which it is located.
1. The law school, or the institution of which it is a part,
shall be qualified as a degree-granting institution under the laws
of California, or of the state in which it is located. The school
shall be held to strict compliance with this standard.
Comment: For reference purposes, the current law regarding
degree granting authority for institutions in California is
contained in California Education Code, Section 94900. See also
California Code of Regulations, Title 5, Division 7.5 (Private
Postsecondary Education), Chapter 2 (commencing with Section
71000).
2. The law school shall comply with all applicable federal,
state, and local laws and regulations.
Comment: The Committee intends that a law school should be an
example of good citizenship by fully complying with all regulatory
controls applicable to it. Examples include payment of business
license fees, paying any required Student Tuition Recovery Fund
contributions, compliance with zoning ordinances and conditional
use permits, meeting environmental and health codes, adhering to
non-discrimination and consumer protection laws, and the like. The
Committee does NOT intend to monitor or enforce the regulations of
other agencies. However, a school fails to meet this Standard when
the failure to comply with governmental regulation substantially
and adversely impacts the educational program, reflects the
inadequacy of the governance structure, administration or financial
support, or indicates a lack of institutional integrity.
Section 2.01 (B) Integrity. The law
school shall demonstrate integrity in all of its programs,
operations, and other affairs.
1. The school shall conduct its financial affairs with honesty
and integrity. In no event shall a school permit merely financial
considerations to dictate the quality of the education the school
provides, and no school shall exploit its students. The school
shall demonstrate integrity in its financial dealings with students
and others.
A. However organized and operated, the school must, at all
times, be so conducted that its paramount objective is providing a
sound legal education.
B. Within the overall objective of providing a sound legal
education, the school shall not permit financial considerations to
adversely undermine the quality of its educational program, the
soundness of its admissions, any decision regarding academic
exclusion, or the academic standards of the school.
C. In conducting its program the school shall not exploit its
students by continuing persons who reasonably appear unable to
successfully complete the requirements for graduation and acquire
the legal education qualifications for admission to practice law in
California.
D. No compensation paid any person for services to the school
may be based, in whole or in part, on the number of students
enrolled in the school or in any class, or on the number of persons
applying for admission to or registering in the school, except
compensation paid for the reading of examination papers or similar
tests.
E. No person or organization may be employed on a commission or
similar basis to solicit or procure applicants or students for the
school.
F. The school shall ensure that financial matters are handled
properly, and shall establish safeguards against financial
improprieties and the misuse of funds.
G. The school may be organized as non-profit or for private
profit.
H. If the school is or purports to be non-profit
(1.) it and any institution of which it is a part must be
organized as a non-profit, educational institution under the laws
of the State of California or, if located outside California, under
the laws of a state having substantially similar provisions;
(2.) it and any institution of which it is a part must enjoy tax
exempt status under the United States Internal Revenue Code and the
laws of the state in which it is located;
(3.) the total compensation, including any fringe benefits and
perquisites, paid to any person shall not be more than a reasonable
amount.
2. The school must be candid and truthful in all matters.
A. The school shall be candid and truthful in all publications,
representations, statements and announcements.
(1.) The school shall not issue, authorize, or permit the
issuance of, any representation that might mislead any person, and
more particularly shall not issue or permit the issuance of any
representation that:
(a.) might mislead students or prospective students as to their
reasonable prospects of graduation or of qualifying for or
achieving admission to the bar in any state, the costs of meeting
the requirements of graduation or of admission to the bar, or the
financial benefits available by scholarship, loan or publicly or
privately funded educational assistance; or
(b.) is derogatory of other schools; or
(c.) contains any untrue statements.
(2.) If a school is accredited, it may make reference to such a
fact in its publications, representations, statements, and
announcements.
(3.) If a school is granted "Candidacy," it may make reference
to such fact in its publications, representations, statements and
announcements, provided that in any written publication in which
reference to Candidacy is made, the following statement shall
appear on the same page, and in the same size type:
"The Rules of the Committee of Bar Examiners of the State Bar of
California provide with regard to Candidacy as follows:
'An unaccredited school will be granted "Candidacy" when the
school establishes that it substantially complies with the
Standards and appears to be capable of qualifying for Accreditation
within five years from the time Candidacy is granted. Candidacy
will automatically expire if the school does not qualify for and
receive Accreditation within the Candidacy period or secure an
extension of time from the Committee. Candidacy may be withdrawn at
any time, if the Committee finds that the school is no longer
substantially complying with the Standards.'"
(4.) Whenever the words "Accredited," "Candidacy," or
"Candidate" appear, they shall be accompanied by words clearly
indicating that such Accreditation or Candidacy is by the Committee
of Bar Examiners of The State Bar of California.
(5.) If the school is not on the list of schools approved by the
American Bar Association, the following statement shall be
included:
(a.) in its bulletin, on its website, and in any other written
or electronic materials describing the program, and
(b.) with each application form, letter or other communication
sent by mail or electronically in response to an inquiry from a
person whose mailing address is outside the State of
California:
"Study at, or graduation from, this law school may not qualify a
student to take the bar examination in other states or satisfy the
requirements to practice law in other states. If a student intends
to seek admission to practice law in a state other than California,
the student should contact the admitting authority in that state
for information regarding the legal education requirements for
admission to practice law."
(6.) Failure to comply with the provisions of this Standard will
constitute cause for the withholding or withdrawal of accreditation
and, in addition, the school may be required to issue such
corrective statement or statements as, in the opinion of the
Committee, may be necessary or appropriate to correct the materials
previously issued.
B. The school's procedure for the imposition of student
discipline shall be fair.
(1.) The school shall have a written statement of an orderly and
fair procedure for the imposition of discipline (including, but not
limited to, cancellation of an examination or course grade, denial
of course credit, suspension or dismissal) for matters unrelated to
a student's academic performance.
(2.) The school's procedure
(a.) shall provide for notice of the specific charge or
charges.
(b.) shall provide for an opportunity for a hearing before a
panel composed of disinterested members of the faculty and
administrators or of disinterested members of the faculty,
administrators, and students.
(c.) shall provide for a final determination, in writing, which
shall contain a statement of the facts found and conclusions and
decision reached. If a sanction is imposed, it shall be clearly
stated.
(d.) may provide for, or may limit or exclude, the right to
assistance of counsel of the student's own choosing, whether such
assistance would be by outside counsel or from the faculty or
student body.
(e.) may provide for, or may limit or exclude, the opportunity
to call witnesses on the student's own behalf and to examine
adverse witnesses.
(3.) The procedure need not apply to academic probation or
disqualification, or other failure to meet academic standards, nor
to failure to pay tuition, fees or charges properly billed to the
student.
3. The school shall ensure academic integrity and shall
establish and publish policies on academic standards, examinations,
grading, and privacy of information.
A. The school shall establish policies and procedures regarding
examinations and course grading. Once established, the policies
shall not be changed without adequate prior notice to all students
affected thereby. The policy established regarding course grade
determination need not be a uniform policy for all courses, but if
the school does not adopt a uniform policy for all courses, the
conditions under which the several different policies will be
applied must be clearly stated.
(1.) The school shall establish, and provide each student with a
written statement of, the academic standards and grading system of
the school, including
(a.) the grading system used,
(b.) whether, and if so, under what circumstances, courses may
be graded on a "pass/fail" or "credit/no credit" basis,
(c.) course repetition,
(d.) the courses, units, grades and grade average required for
good standing, advancement and graduation,
(e.) the circumstances under which a student is subject to
dismissal for academic deficiency, and
(f.) the circumstances, if any, under which a student with a
grade deficiency may be allowed to continue on probation and the
conditions of such probation.
(g.) the process to request a review of a grade. (See subsection
B., below.)
(2.) The school shall establish, and provide each student with a
written statement of, a clear policy concerning the extent to which
each of the following matters will be considered in the
determination of the final grade in any course:
(a.) the final examination,
(b.) intermediate, mid-year and other examinations,
(c.) class attendance,
(d.) class performance, including preparation and
recitation,
(e.) evaluation of examinations or other performance by other
than the course instructor,
(f.) any other consideration that might affect the grade in any
course.
(3.) The school shall provide a system that preserves the
anonymity of each student throughout the grading process in each
written examination in each course until after the instructor has
recorded all the grades for that examination. In some courses, such
as moot court, for example, which may rely upon oral presentations,
anonymous grading may be impossible. In such cases the school
should monitor grading to minimize the possibility of unfairness in
grading.
(4.) Each student shall be advised of the grade received on each
examination within a reasonable time after the completion of that
examination and of the final grade in each course within a
reasonable time after the completion of the course.
(5.) Grades may be recorded in such form, alphabetical,
numerical, or otherwise, as the school may select. Grading other
than Pass/Fail or Credit/ No Credit shall be sufficiently
descriptive to indicate whether the student's level of achievement
was excellent, good, adequate, fair, inadequate but passing, or
failure. Pass/Fail or Credit/No Credit grading may be used in no
more than one-third of the courses requiring classroom attendance
in the first two-thirds of the curriculum.
(6.) All written examinations shall have the score or grade for
each question clearly marked thereon.
(a.) The examination questions and answers for examinations
other than multiple-choice, true-false, and similar tests, shall be
made available to the students for inspection and photocopying,
during school hours for a reasonable period of time following the
completion of the grading process.
(b.) The examination questions and answer sheets for
multiple-choice, true-false and similar tests, may be retained by
the school and the school may prohibit the making of any copy of
such tests, but the school shall, for a reasonable period of time
following the completion of the grading process, make the text of
any such examination and the student's answer thereto available to
the student during school hours.
B. The school shall establish a committee consisting of members
of the faculty and, if the school so desires, one or more members
of the administrative staff and one or more students, to review
academic matters under the provisions of this subsection B.
Whenever in this subsection the word "committee" is used, it refers
to the committee established under this subsection B.
(1.) A student who claims that an examination or course grade
was the product of unfairness, a departure from established grading
policy or a clearly shown mistake, and presents credible factual
support for the claim, may have such claim reviewed by the
committee.
(2.) The committee shall establish procedures for handling
requests for review of a grade, which procedures need not call for
oral hearing of the matter.
(3.) An examination or course grade, once recorded, shall not
thereafter be changed except with the approval of the
committee.
4. The school shall protect the privacy rights of students and
the confidentiality of student communications and records.
A. The school shall not disclose to any person, without the
student's consent, any information about the student, such as
grades, grade average, class schedule, address or telephone number,
or other private information about the student, unless required by
statute, government regulation, court order, the Committee, an
accrediting agency, or upon an emergency.
B. Notwithstanding the above, a school may establish a written
policy provided to each student under which certain information is
categorized as directory information which may be released without
the student's consent. The policy must provide for directory
information to be kept confidential at the request of the
student.
C. To the extent that communications are conducted and records
are kept electronically, the school must have electronic systems in
place, such as passwords, encryption, and back-up systems, to
ensure the validity and integrity of information and the security
and privacy of student information, including admissions
information, financial information, examinations and grades, and
other records.
5. A school may not offer a review course for which any fee or
charge is made and which is designed for or customarily attended by
students who are currently enrolled in subjects which are included
in such review course.
Law students shall not be compelled to attend, or solicited to
participate in, any particular review course, by law school
instructors, administrators or staff in the classroom or in other
affairs of the law school. A law school may permit commercial
review courses to post advertisements and otherwise promote the
review courses to law students. See also Section 2.01 (D) 4.
6. The law school shall publicly state what student services and
activities are available to students, and shall provide adequate
support, facilities and other resources for such services and
activities.
A. The school, through the faculty or otherwise, shall provide
academic advisement to students.
B. Other than academic advisement, a school is not required by
the Standards to offer student services. A school is expected to
provide co-curricular experiences and services such as are
consistent with the size and nature of the student population to
enrich the legal education of the students and enhance the program
of the school. A school with a full-time division is expected to
offer more services and experiences than a school with only
part-time students.
C. Student services and co-curricular experiences, if offered,
shall be made reasonably available to all students, whether
full-time or part-time. However, nothing herein prevents a school
from imposing qualifications (such as minimum grade average, year
in school, or otherwise) for participation in co-curricular
experiences or student services.
Section 2.01 (C) Governance. The law
school shall be governed, organized, and administered so as to
provide a sound educational program.
1. If the school, or the institution of which it is a part, has
a governing board, that board establishes general policies for, and
takes responsibility for, the school's compliance with the
Standards. The governing board, if any, is expected to make major
non-academic policy decisions. The daily operation and management
of the school should be delegated to the school's dean or other
full-time administrator, and to the faculty to the extent directed
by the board and consistent with the Standards.
2. The school shall have a competent head administrator.
A. The school shall have a competent dean or other
administrative head devoting adequate time to managing and
administering the affairs of the school.
Comment: The dean or head administrator may, but need not
necessarily, devote full-time professional service to the law
school, provided there is some other individual who meets the
requirements of subsection B., below.
B. The school shall have at least one full-time administrator
who is a graduate of a law school and who has demonstrated
competence in the fields of legal education and administration.
C. A "full-time" administrator is a person whose principal
activity is the administration of the school, and may include
teaching and legal scholarship, with no more than limited
professional activities outside the affairs of the law school.
Outside activities should be limited so that they do not interfere
with regular presence in the school, availability for meeting
classes or consultation and interchange with students and
colleagues, or participation in responsibilities as an
administrator or as a member of the faculty.
Comment: The full-time administrator may teach at the school, if
otherwise qualified, but is not required by the Standards to be an
instructor.
3. Faculty members should share in the responsibilities of
formulating, implementing, and administering the academic policies
and programs of the school. No particular format of institutional
governance is mandated by the Standards, and each school determines
the degree of faculty participation or control, and the
corresponding degree of administrative control. However, the
faculty, either individually or as a group, should in some fashion
participate in the development and administration of the school's
academic policies and programs. If a school has both full-time and
part-time instructors, the instructors in each category should
participate in the formulation of the academic policies and
programs of the school, and each school determines the respective
degrees of participation by faculty of each category. To the extent
it determines, a school may permit faculty to participate in
formulating and administering the non-academic policies of the
school.
4. The school may have a board of visitors or advisors. If the
school has a board of visitors or advisors to assist in curriculum
development, planning, or other matters, the advice received from
the board of visitors shall be given meaningful regard in the
process for the development of the programs and policies of the
school.
Comment: A school is not required to have a board of visitors or
advisors. However, if a school chooses to establish such a board,
the advice from it cannot be ignored, nor shall the board be
treated as perfunctory. The board may be composed of members of the
local bar and bench, administrators and faculty of other law
schools, or colleges and universities, or other departments of the
same university as that of the law school, students, graduates of
the school, or others in any combination or number the school
determines is appropriate.
Section 2.01 (D) Educational Program. The
law school shall maintain a sound educational program.
1. General Statement of Qualitative Factors. In evaluating the
quality of the educational program, the matters considered are:
A. the content of the curriculum,
B. the competence of the instructors with respect to knowledge
of subject matter and ability as teachers (see Section 2.01
(E)),
C. the materials used in each course, including required and
recommended texts and course books, course outlines, and
syllabi,
D. the effectiveness of the method or methods of instruction
used,
E. the size of the class as permitting proper and effective use
of the methods or techniques employed,
F. the quality of the examinations, assignments, and other
student work as an indication of course coverage and as a measure
of the students' knowledge and analytical ability,
G. the soundness of the grading system used as a measure of the
student's competence,
H. the availability of adequate library resources,
I. the adequacy of the school's finances.
2. Quantitative Requirements.
A. The minimum requirements for the first professional degree in
law (J.D. or LL.B.) are satisfactory completion of a course of
study requiring 1,200 hours of study in residence, or the
equivalent as set forth in subsection E., below, extending over a
period of not less than ninety (90) weeks of full-time study or one
hundred and twenty (120) weeks of part-time study, or a combination
thereof.
(1.) Final examination time, not exceeding ten (10) percent of
the total number of class session hours, may be included as class
session hours, and counted toward the 1,200 hour requirement.
(2.) Not more than twenty (20) percent of the time required
herein may be in courses exclusively in legal writing and research,
legal analysis, or similar subjects.
(3.) Regular and punctual attendance is required to satisfy the
residence credit requirement and the 1,200 hour requirement. Each
school must have a written attendance policy, which must require
regular and punctual attendance of students. Generally, it is
expected that this policy would require attendance at not less than
eighty (80) percent of the regularly scheduled class hours in each
course in which a student is enrolled. Such a policy may also
include requirements regarding preparation and participation. See
Section 2.01 (B) 3. A. (2.).
B. A full-time student must complete not less than 1,200 hours
of study in residence, extending over a period of not less than
ninety (90) weeks, and, to receive full residence credit for any
academic period (semester, quarter, summer session, block,
trimester, intersession, etc.), must have been enrolled in a course
of study requiring not less than ten (10) hours of attendance a
week and must have received credit for courses totaling not less
than nine (9) hours of attendance a week during that academic
period.
C. A part-time student must complete not less than 1,200 hours
of study in residence extending over a period of not less than one
hundred and twenty (120) weeks and, to receive full residence
credit for any academic period, must have been enrolled in a course
of study requiring not less than eight (8) hours of attendance a
week and must have received credit for courses totaling not less
than eight (8) hours of credit a week during that academic
period.
Comment to 2.A. and 2.B.: Students who obtain a portion of their
legal education at an unaccredited law school and a portion at an
accredited law school present a special situation. Unless such
students actually graduate from an accredited school and premise
their eligibility to take the California Bar Examination upon that
graduation, they must meet the alternative legal educational
requirements of Section 6060(e)(3)(i) of the Business and
Professions Code in order to be eligible to take that examination.
That section requires four separate years of study in a law school
(accredited or unaccredited), in each of which such years the
student was enrolled in a course of study requiring at least two
hundred and seventy (270) hours of classroom attendance. For this
purpose, a "year" is any period of twelve (12) consecutive months.
Schools allowing students in this situation to carry a lighter than
usual course load during any twelve-month period should be aware of
these implications should such students ultimately seek eligibility
to take the Bar Examination under the above four-year rule rather
than as graduates of an accredited law school.
Schools should also bear in mind that students who complete a
portion of their legal studies at an unaccredited law school and
subsequently graduate from an accredited law school must in all
events meet the requirements of this paragraph 2 concerning 1,200
hours of study in residency (through required hours of classroom
study in courses taken at both the accredited and unaccredited
schools, in the aggregate) in order to be eligible to take the
California Bar Examination as a graduate of an accredited
school.
D. Proportionate credit.
(1.) If, in any academic period, a student was not enrolled in,
or failed to receive credit for, the minimum number of hours
specified in subsection B. or C., above, the student may receive
only proportionate credit for study in residence for that academic
period in the ratio that the hours enrolled or in which credit was
received, as the case may be, bear to the minimum specified.
(2.) If a person was a part-time student for any portion of the
period of law study and a full-time student for the remaining
portion of law study, the number of weeks of full-time study and
three-fourths of the number of weeks of part-time study must total
not less than ninety (90).
E. If the law school has a program that permits or requires
student participation in studies or activities away from the law
school (such as externships or clinical programs) or in a format
that does not involve attendance at regularly scheduled class
sessions (such as law review), the time spent in such studies or
activities may be included as satisfying the residence and class
hours requirements of this subsection and of Rule VII, §5 of
the Rules Regulating Admission, provided the conditions of this
subsection E. are satisfied.
(1.) The residence and class hours credit allowed must be
commensurate with the time and effort expended by, and the
educational benefits to, the participating student.
(2.) The studies or activities must be approved in advance, in
accordance with the school's established procedures for curriculum
approval and determination.
(3.) Each such study or activity, and the participation of each
student, must be conducted or periodically reviewed by a member of
the faculty to ensure that in its actual operation it is achieving
its educational objectives and that the credit allowed is, in fact,
commensurate with the time and effort expended by, and the
educational benefits to, the participating student.
(4.) The amount of residence credit under this subsection E. may
not exceed ten (10) percent of the total residence credit required
under subsection A. or forty (40) percent of the residence credit
required in any academic period under subsection B. or C.
(5.) The school maintains a record of each such activity and
student participation, including at least
(a.) the educational objectives of the activity,
(b.) the number of hours spent by the student(s) participating
in the activity,
(c.) the amount of academic credit authorized,
(d.) the name of the faculty member who conducted or reviewed
the activity,
(e.) the name, address, telephone number and qualifications of
each person not on the faculty who directly supervised the
student(s) participating in the activity,
(f.) the method or methods used to evaluate student performance
in the activity, and
(g.) all other records required under these Factors.
F. In any academic period a student should normally be enrolled
in courses requiring classroom attendance of
(1.) not more than fifteen (15) hours nor less than ten (10)
hours per week, for a full-time student, or
(2.) not more than ten (10) hours nor less than six hours per
week, for a part-time student.
An accredited school may, for good cause, allow a person to
enroll for courses requiring more or less hours than those
specified, but in each case shall enter in the student's file a
memorandum stating the considerations constituting good cause.
G. A full-time student is one who devotes substantially all
working hours to the study of law. Normally, no student in a
full-time program should be otherwise employed in excess of twenty
(20) hours a week.
H. The curriculum may be offered, and units counted, toward the
degree and graduation, in semester units, quarter units, hours of
class instruction, or otherwise.
(1.) One semester unit is defined as 15 hours of classroom
instruction, and is typically offered as classroom instruction for
one (1) hour per week for fifteen (15) weeks, including final
examination time not greater than ten (10) percent of the total
time.
(2.) One quarter unit is defined as ten (10) hours of classroom
instruction, and is typically offered as classroom instruction for
one (1) hour per week for ten (10) weeks, including final
examination time not greater than ten (10) percent of the total
time.
(3.) One (1) hour of classroom instruction is defined as fifty
(50) minutes of instruction with a ten (10) minute break period, or
any equivalent arrangement of instructional time and break
periods.
Comment: For example, a three-hour class could be arranged as
follows:
75 minutes of instruction 50 minutes of instruction
30 minute break period OR 15 minute break period
75 minutes of instruction 50 minutes of instruction
180 minutes total = 3 hours 15 minute break period
50 minutes of instruction
180 minutes total = 3 hours
3. Curriculum.
A. These factors are intended as guides, indicating the range
within which a sound curriculum should be built. They do not
prescribe a specific curriculum or fix the number of units to be
allocated individual courses. An individual school may find a
sufficient basis to offer a course for a number of units below the
minimum stated or above the maximum specified.
For example, a school offering the subjects included in the
California Bar Examination at each of the maximums shown below
would need to have a program of eighty-five (85) semester units
required for graduation, to satisfy the eighty (80) percent
requirement of subsection (C.), below, or reduce from the maximums
given. There are no provisions in the Standards or the Factors
requiring a program in excess of eighty (80) semester units.
Rather, a school must design its curriculum offerings, units
allocated per course topic, and overall units required for
graduation in a manner consistent with its own goals and with the
Standards and Factors. At the same time, the school should offer
reasonably comprehensive course coverage and instruction in those
subjects included in the California Bar Examination. Thus, the
guidelines provide both minimum and maximum unit recommendations in
subjects included in the California Bar Examination.
B. The school should offer a balanced and comprehensive course
of study. A curriculum limited to those subjects that are included
in the California Bar Examination is too narrow. Not more than
eighty (80) percent of the units required for the degree should be
in subjects tested on the bar examination. The following schedule
suggests the unit range, in semester units, for courses covering
those subjects.
Minimum Maximum
1. Civil Procedure 4 6
2. Community Property 2 3
3. Constitutional Law 4 6
4. Contracts 6 7
5. Corporations 3 4
6. Criminal Law and Procedure 4 6
7. Evidence 4 6
8. Professional Responsibility 1 3
9. Property 6 8
10. Remedies 3 6
11. Torts 5 6
12. Trusts 2 4
13. Wills and Succession 2 3
TOTAL
46
68
C. Instruction should be provided in the practical skills of legal
research, writing of briefs or memoranda, trial and appellate
advocacy, and the drafting of legal documents, and in professional
skills such as law office management, counseling and negotiation. A
fully-established curriculum should also offer students the
opportunity to take classes in a variety of other fields to
complement or advance beyond the subjects tested on the bar
examination, to meet student needs and to reflect the changing
legal environment.
D. All courses customarily given in the first year of an
accredited three-year program shall be offered each year. Advanced
courses of such a nature that one is not a prerequisite to another
may, when enrollment is low, be offered on a biennial basis. At
least one-half, in unit value, of all required courses shall be
given each year and no required course may be offered less
frequently than every other year.
4. A school may not make attendance at any review course a
condition of continued enrollment, advancement or graduation.
5. Materials used in each course.
A. Required Course Books.
For each course, other than special seminars, each student
enrolled should be required to obtain one or more specified
books.
A school should use current, recognized books or other materials
in each of its courses. If an instructor is using materials that
are not current or not in general use, the burden is on the
instructor and school to justify such use as being consistent with
a sound educational program, and shall provide a means for the
students to have substantial access to the materials.
B. Course Outlines and Syllabi.
Students should be furnished well in advance with assignment
sheets or other guides as to the organization of the course and the
order in which the material is to be read and prepared.
If any course outlines or syllabi are prepared or used, they
will be considered in evaluating the instructor's knowledge and
organization of the material.
6. Instructional Methods.
No particular format of instruction is required by the
Standards, and instructors may use lectures, the case method, the
problem method, directed study or other techniques, alone or in any
combination.
7. Class Size.
Class size should be reasonable in regard to teaching
effectiveness. In determining the reasonableness of the size of any
class, the following matters are considered:
A. the physical facilities and whether the room is appropriate
for the number of students,
B. the subject matter of the course and the methods of
instruction,
C. the number and competence of the individual instructors when
a course is offered in multiple sections.
Small classes are generally desirable as permitting greater
participation by each student and a closer relationship between
students and instructors. However, when small classes are caused by
inadequate physical facilities which require several sections in
each course, the quality of instruction and grading may vary
substantially among sections and some instructors may be less
competent than others. A school should adjust its admissions to its
physical capacity to accommodate students without undue sectioning
of courses. When courses are sectioned, a school should establish
procedures to obtain comparability in quality and consistency in
instruction, examinations, and grading.
8. Examinations.
A. There shall be a written examination in each course except
those requiring substantial oral or written work, such as moot
court, drafting, legal research, or special seminars.
B. An examination should be a test of the student's knowledge
and eligibility for advancement and it should also be an
educational tool, enabling the student to acquire further
perspective through the process of analysis and exposition.
Comment: The Committee's examination questions, past examination
questions from the school to which any student to be examined may
have had access, or past examination question samples or model
examination answers that have been published should not be used for
any purpose that may affect a student's grade except in courses
that are being graded on a pass/fail or credit/no credit basis.
C. There is no requirement regarding the use or advisability of
any particular type of examination, e.g., long essay questions,
short essay questions, short form answers, and objective testing.
Course examinations will be evaluated to determine the extent to
which they test the students' ability and knowledge of fundamental
principles and encompass the subject matter of the course.
D. The school may proctor examinations or may conduct them on
the honor principle.
9. Grading.
A. Sound grading standards and practice are essential. A school
shall establish clear and fair grading standards and implement them
by ongoing faculty guidance and discussion in order to achieve
accuracy, validity, reliability, and consistency in grading.
B. There should be a reasonable correlation among the grades of
all instructors teaching the same group of students. A wide
disparity in the grades, or grade distribution, among several
instructors teaching the same group of students is prima facie
evidence of poor grading standards or practices. Reasonableness in
correlation may include due regard for demonstrable variation in
subject matter difficulty.
Comment: See also Section 2.01 (B) 3. A. (2.) and (3.).
10. Bar Examination Results.
Consideration will be given to the bar examination success of
the school's graduates as one factor in the evaluation of the
effectiveness of the educational program of the school. The
cumulative results of the bar examination over a period of years
will be considered as some indication of the quality of students
attending and the quality of the teaching at the school.
Section 2.01 (E) Dean and Faculty. The
law school shall have a competent dean or other administrative head
and a competent faculty devoting adequate time to administration,
instruction, and student counseling.
1. Academic Administrator.
There shall be at least one dean or other head academic
administrator who is a graduate of a law school, who has
demonstrated competence in the fields of legal education and
administration, and who devotes adequate time to formulating,
managing, and administering the academic affairs, policies and
programs of the school.
Comment: The academic administrator may, but need not
necessarily, be the full-time administrator required by Section
2.01 (C) 2. B. The academic administrator may, but need not
necessarily, manage and administer the non-academic affairs of the
law school. See Section 2.01 (C) 2.
2. Full-Time Instructors.
A. A full-time instructor is a person whose principal activities
are teaching, counseling, legal scholarship and administration of
the school, with no more than limited outside professional
activities. Outside activities should be limited so that they do
not interfere with regular presence in the school, availability for
meeting with classes or consultation and interchange with students
and colleagues, or participation in responsibilities as a member of
the faculty.
B. A school is not required to have full-time instructors.
C. A school that has one or more full-time instructors is not
required to have any particular ratio of full-time to part-time
instructors.
3. Number of Faculty.
There are no quantitative requirements with respect to the total
number of faculty, or the numbers of full-time or part-time
faculty. There are no quantitative requirements with respect to the
number of students a given instructor may teach at any one time.
The quality and effectiveness of the instruction provided are the
paramount considerations. Therefore, a law school is not required
to have a particular number of instructors, or a particular
student-faculty ratio.
A law school should have a sufficient number of qualified
instructors so that students are exposed to a variety of
instructors in each academic period.
4. Education and Professional Experience.
As minimum qualifications, graduation from an accredited law
school with a better than average academic record and membership in
a bar are normally expected. Part-time instructors should be either
members of the judiciary or engaged in active law practice, usually
in a field related to the subject or subjects taught, or former
practitioners or other individuals whose experience makes them
particularly suited to teach a given course or subject. Each should
enjoy a reputation in the community for professional competence and
responsibility.
5. Amount of Teaching.
A. An instructor may not teach courses requiring more than
fifteen (15) scheduled class hours per week, counting repetitions
during the same academic period at full value, or more than nine
(9) scheduled class hours per week counting repetitions during the
same academic period as one-half for this purpose.
B. An instructor may not have teaching responsibilities, with
respect to the number of students, courses or scheduled class hours
per week, that impair the instructor's ability to adequately
prepare for and conduct class sessions and to be available for
counseling students.
C. In a multi-division school with full-time instructors,
students in each division should receive approximately the same
amount of instruction from members of the full-time faculty.
6. Administration and Student Counseling.
Instructors should share in the responsibilities of formulating
and administering the academic policies and programs of the school.
Each instructor has a responsibility for counseling students,
particularly those in the instructor's course or courses, and
should be available for that purpose at times and places reasonably
convenient to the students.
7. Faculty Competence.
In evaluating the competency of an instructor, the factors
generally to be considered are:
A. the instructor's education, knowledge, and experience in the
subject matter taught,
B. the instructor's competence in the classroom as an
instructor,
C. the instructor's organization of the course as demonstrated
by outlines or syllabi,
D. the quality, nature and type of examinations, and other
assignments given and the quality of grading,
E. the relation between the field of instruction and the area of
specialization, if any, in private practice,
F. the years of experience, both in teaching and in practice, or
otherwise.
8. Faculty Development.
Instructors should continually enhance their competence as
instructors and improve their expertise in the subjects they teach.
Faculty are expected to keep informed of changes in the law in the
subject matters taught, so as to include in their courses recent,
significant statutory and case law.
9. Faculty Evaluation.
The school shall establish procedures for the regular evaluation
of faculty performance. The school may utilize its dean(s) and
other academic administrators, its faculty, the faculty of other
law schools, alumni of the school and members of the judiciary and
legal profession for such purposes and may also provide for student
participation in the process. A school should not rely solely on
the Committee or other accrediting agency for faculty
evaluation.
Evaluation of an instructor's knowledge of subject matter and
ability in the classroom will generally be determined by classroom
observation and by review of the materials used in the course,
additional materials prepared for the course, examinations given,
both as to form and content of questions, and the extent to which
examinations and grading standards employed provide a reasonably
accurate appraisal of each student's ability. A comparison of
course grades with grades in like subjects in examinations
conducted by the Committee and the relation, or lack
of relation, between the two is regarded as some indication of
the quality of instruction, examinations, and grading
standards.
Section 2.01 (F) Library. The law school
shall maintain an adequate library.
1. In General.
A law student cannot be prepared for admission to practice law
without training in the use of a law library and effective legal
research tools, or without reasonable access to an adequate
library's resources for supplemental reading and study. The faculty
of a law school cannot adequately prepare or teach without library
materials at hand to supplement their classroom work. A law
school's library must serve the teaching, research, and other goals
of the school.
The adequacy of a library is not measured in number of volumes
or in amount of dollars spent each year. In part, its size is a
factor of the enrollment in the school and the formats in which its
resources are maintained. A large school, if it is to make its
library a useful tool for its students, must have additional copies
of the more frequently used materials, or alternative, readily
available forms of access to such materials. Other matters that are
considered in evaluating the quality of the library are: the
condition of the books, the physical facilities, the hours it is
open, the availability of competent library staff, and a complete
and current catalog of resources available.
2. Physical Facilities.
The library shall be housed in the same physical structure as
the classrooms and faculty and administrative offices, or in a
structure in close proximity thereto. It should be well lighted and
ventilated and equipped with:
A. easily accessible stacks for all materials in the collection,
plus space for expansion to accommodate supplements, advance sheets
and new materials as received, and
B. seating space at tables or desks for at least the number of
students who may be expected to, or who desire to, use the library
for study or research at the same time. In a school with a
full-time division, the library should accommodate not less than
one-fourth the total enrollment of the full-time division.
C. The library should not be used for class or instructional
purposes except courses in legal bibliography or research, or an
occasional lecture or make-up session.
3. Library Hours.
The library should be open at such times as to reasonably meet
student and faculty need for resources available at the library.
This should include open times both before and after class
sessions, and on weekends.
Comment: The Committee recommends that law libraries be open as
follows, but recognizes that each school may appropriately have a
different schedule corresponding to its student and faculty demand,
access to materials through electronic
or other means while the library is closed, the size of the
student body, class schedules, and other matters. For schools with
day classes, recommended open hours are on Monday through Friday
from 9:00 a.m. to 10:00 p.m. and on Saturday and Sunday, from 10:00
a.m. to 5:00 p.m. For schools with only evening classes,
recommended open hours are on Monday through Friday from 12:00 noon
to 10:00 p.m. and on Saturday and Sunday, from 10:00 a.m. to 5:00
p.m.
4. Condition and Accessibility of Resources.
A. The library resources must be in such condition as to permit
their repeated use, whether in the form of books, loose leaf,
binders, microfilm, microfiche, video tape, audio tape, computer
memory or disks, computer on-line services, or otherwise.
B. Equipment for viewing and otherwise using formats other than
books must be in good operating order and sufficient in number and
quality so as to provide meaningful access to the resources served
thereby without undue waiting or interference to other library
users.
C. Each law student and each faculty member must be provided
with individual passwords to an Internet-based, computer-assisted
legal research service or services to permit access to the library
materials included in the library content appendix.
5. Instruction in Legal Research.
If instruction in library use and legal research, including the
use of on-line or other computer aided research tools, is not
provided within the academic curriculum, adequate provision for
such instruction must be provided by competent library or other
personnel.
6. Library Content.
A. The schedules set forth in the Appendix indicate those
materials that are required for candidacy and for
accreditation.
B. Whenever a set of books is specified, the requirement
includes the most recent version, although it may not be listed on
the Appendix, and reasonable access to:
(1.) all supporting materials published as part of the set, and
the latest available pocket parts, supplementary and replacement
volumes and any other materials necessary to keep the set in
current condition.
C. All periodicals, except for the current year, must be
permanently bound.
D. Since each student should be required to obtain casebooks for
each course undertaken [see Section 2.01 (D) 5.], casebooks should
not be part of the library generally available for student
research.
Comment: Books on two (2) hour reserve (or less) are not
considered to be "generally available" within the meaning of
subsection D. above.
7. Library Staff and Research Assistance.
The library shall be operated by a competent staff, so as to
ensure that the materials are kept current, to provide reasonable
assistance to library users, and to maintain appropriate records. A
school is not required to have a full-time librarian.
8. Records.
The following records shall be kept:
A. all expenditures, classified as to:
(1.) continuations and replacements,
(2.) new acquisitions,
(3.) binding and repair,
(4.) other
B. an accession register
C. a catalog of resources, indicating location and means of
access.
9. If the school is located in reasonable proximity to a public
or other law library and the governing authorities of the other law
library, in writing, permit the use of the other library by the
school, its faculty and students, then the content of such other
library and the nature and extent of the use so permitted the
school, will be considered in determining compliance with this
Standard.
Section 2.01 (G) Admissions. The law
school shall maintain a sound admissions policy.
1. In General.
An opportunity to obtain a legal education should be afforded
all who wish it and who appear reasonably qualified, both as to
inherent ability and prior educational background. However, a
school which admits and accepts tuition from persons who clearly
lack either the ability or the educational background to study law
exploits such students and, in addition, injuriously affects the
educational program and instruction of qualified students. The
school must admit only those applicants who appear to be reasonably
qualified and likely to succeed. Appropriate screening procedures
in the admission of applicants are essential to accreditation.
A. The quality of the pre-law study, the courses taken and the
grades received, should be carefully considered to the extent that
they indicate ability, or lack of ability, to study law and the
presence or absence of the background knowledge requisite to an
understanding of law. Such a review of the applicant's studies is
particularly important when the applicant has not completed studies
sufficient to qualify for a bachelor's degree at a qualified
institution or when the degree is in a major, the content of which
has little or no relation to law study.
B. The school will be held to strict compliance with the rule
limiting the number of Special Students who may be admitted and
with the terms of any certification concerning its admission
policies that it may have made to any agency, state or federal, as
a condition of approval by that agency.
C. Admission as a Special Student should be granted only in
"exceptional cases." The rule permitting admission of Special
Students up to one-third of the total admissions is a liberal rule
to permit the greatest flexibility but it will be extremely rare
that a school will have enough qualified applicants to reach the
maximum number allowed.
D. The Law School Admission Test may be of value in assessing an
applicant's potential for success as a law student. It is required
of all applicants for admission as Special Students and its use is
recommended for all other applicants.
E. A school shall not permit a person to attend classes for more
than forty-five (45) days, unless the school has either official
transcripts showing eligibility for admission under Section
6060(c)(1) of the Business and Professions Code or an official
certification that the applicant passed the equivalency examination
required by Section 6060(c)(2) of the Business and Professions
Code.
F. The school should have official transcripts, justifying
admission, on file at the time of registration or within forty-five
(45) days thereafter, for every person who has been admitted and
registered. If transcripts showing eligibility for admission as a
Regular Student are not on file within that period, the admittee
must be classified as a Special Student, if the student is
admissible as a Special Student, or the student must be
excluded.
G. The school must, on its application form, require that the
applicant state whether the applicant has ever attended another law
school and, if so, whether the applicant is eligible to return to
that school in good standing. Whenever the application discloses
prior attendance at another law school, before granting admission,
the admitting school must have an official transcript or
certification from the prior school of the applicant's status at
that school.
2. Admission of Regular Students.
A. An applicant holding a bachelor's degree from a qualified
institution may be admitted as a Regular Student.
B. An applicant not holding a bachelor's degree from a qualified
institution may be admitted as a Regular Student if either of the
following are met:
(1.) The applicant has earned an Associate in Arts Degree or an
Associate in Science Degree from a qualified institution in
California. The Specialized Associate Degree (Occupational) and the
Associate of Applied Science Degree, and other associate level
degrees which are vocationally oriented, do not satisfy this
subsection.
(2.) The studies completed prior to admission constituted not
less than one-half the total acceptable for a bachelor's degree at
a qualified institution, and
(a.) at least ninety (90) percent of the total credits necessary
to satisfy the requirements of this subsection (2.) were in courses
with academic, non-vocational, and non-occupational content
satisfactorily completed at a qualified institution, and
(b.) the applicant's grade average on all subjects undertaken
was at least equal to that required for graduation from the
institution attended, and
(c.) the applicant's grade average on all courses with
substantive content was at least equal to that required for
graduation from the institution attended.
Comment: Courses in the following subjects are examples of
courses found, for the purposes of this subsection (2.), to be
lacking in substantive content: domestic arts, first aid,
industrial arts, landscape arts, vocal or instrumental music,
office skills (typing, shorthand, office machines, etc.), and
physical education.
C. An institution is qualified if
(1.) it is approved or accredited by one of the six regional
associations accrediting institutions of higher education, or
(2.) its credits are acceptable by the state university of the
state where such college or university is located, provided that if
the state university grants only partial credit, the law school may
grant credit only in a like amount, or
(3.) it is approved as a degree-granting institution by the
department of education of the state where such college or
university is located.
D. Pre-law studies at institutions outside the United States or
its territories and possessions may be accepted
(1.) in full satisfaction of the requirements of this subsection
2. if, on the basis of those studies, a qualified institution
admitted the applicant as a graduate student other than as a
graduate student in law school, and thereafter either,
(a.) conferred a masters degree, or
(b.) accepted the applicant as a doctoral candidate, or
(2.) in partial satisfaction of the requirements of this
subsection 2. to the extent allowed by:
(a.) a qualified institution on admission of the applicant with
advanced standing to a degree program other than a degree program
in law, as indicated on the applicant's transcript from the
institution where advanced standing was received, or
(b.) an evaluation by a credential evaluation service approved
by the Committee.
3. Admission of Special Students.
Applicants whose pre-law studies do not satisfy the requirements
of subsection 2., above, are classified as Special Students and may
be admitted only in exceptional cases.
A. The total number admitted as Special Students at any academic
period may not exceed one-third the total number of persons
admitted as beginning students at that period.
B. Any applicant who seeks admission as a Regular Student, but
who does not provide official transcripts or other required
documentation by the 45th day after the first day of attendance,
shall be classified as a Special Student, if the student is
admissible as a Special Student, as provided in subsection C,
below, or the student must be excluded.
Comment: Caution must be exercised when an applicant has not
taken the examination required by Rule VII of the Admission Rules
[presently the CLEP examinations] and also the Law School Admission
Test (LSAT) prior to admission, and when the applicant fails to
provide the required documentation for admission as a Regular
Student. Such an applicant must be classified as a Special Student
if the documentation is not provided within the forty-five (45) day
period, as required, and to continue in school and be admitted as a
Special Student, the applicant must have on file with the school an
official score report for the examination required by the Committee
[the CLEP examination scores] sufficient to warrant admission as a
Special Student and an official score report for the LSAT normally
at or above the 50th percentile. Lacking either score report, the
student is considered ineligible for admission and must be promptly
excluded from classes.
C. In order to determine whether admission as a Special Student
is justified as an "exceptional case," the following circumstances
shall be considered:
(1.) Educational Equivalent. The applicant shall possess an
apparent intellectual ability equivalent to at least two years of
college study. Equivalency will be determined by the Committee as
provided in Rule VII of the Rules Regulating Admission to Practice
Law in California.
Comment: The Committee currently requires applicants to take and
achieve specific scores on examinations administered by the College
Level Examination Program (CLEP). Applicants must have a score of
at least 500 for the English Composition or English Composition
with Essay examination administered by CLEP. In addition,
applicants must have a score of at least 430 on each of the two of
the following tests administered by CLEP: Humanities, Mathematics,
Natural Sciences, Social Sciences, and History. Applicants must
register to take the examinations directly with CLEP with the
request that the score reports be submitted to the law school and
to the Office of Admissions of the State Bar of California (Code
Number 7165). Applicants must have taken and passed all required
examinations before beginning their law study.
(2.) Maturity. The applicant must give evidence, through public
or private career experience or other accomplishment or activity,
of maturity at least equivalent to that of the average college
graduate.
(3.) Apparent Ability to Study Law. Normally the applicant
should give positive evidence of aptitude for law study, as
demonstrated by
(a.) achieving a score on the Law School admission Test at or
above the 50th percentile, and
(b.) submitting recommendations from employers or others who
have observed the applicant in law-related or other activities and
attest to the applicant's apparent potential for law study, and
(c.) a review of official transcripts of all of the applicant's
postsecondary education, if any.
(4.) In each case of admission of an applicant who does not
possess the educational qualifications for admission as a Regular
Student, the dean or admission officer of the admitting school
shall sign and place in the admittee's file a statement of the
considerations that caused the admitting authority to determine
that there were special circumstances justifying the admission of
the applicant.
4. Admission or Readmission of Applicants Previously Dismissed
for Low Scholarship.
Applicants previously dismissed for low scholarship may be
granted admission at another school or readmission to the same
school when there is an affirmative showing by the applicant, to
the satisfaction of the admitting school, of matters which justify
the conclusion that the applicant possesses the requisite ability
for the study of law.
A. Such a showing shall normally be made
(1.) at any time, if the applicant demonstrates facts and
circumstances which lead the admitting school to conclude that the
prior dismissal was occasioned not by the applicant's inherent lack
of capacity for the study of law, but by outside causes (such as a
traumatic event or serious hardship) of such severity as to have
substantially impaired the applicant's ability to perform at her or
his normal level. In the case of applicants seeking admission to a
school other than the school from which previously dismissed, such
a conclusion should ordinarily be supported by letters or memoranda
from the dean or faculty of the prior school;or
(2.) after at least two (2) years have elapsed since the prior
dismissal, if the applicant demonstrates that work, study, and/or
other concrete growth experiences during the intervening time
support a reasonable inference that the applicant has developed a
stronger potential for the study of law.
B. The school shall require the Law School Admission Test of all
applicants seeking admission or readmission following dismissal for
low scholarship, except that the applicant need not be required to
retake such test if the applicant had taken it prior to the
dismissal. The school may not admit or readmit the applicant until
the school has received an official score report of the test. A
copy of such report shall be retained in the applicant's file.
Normally, the applicant should be expected to confirm his or her
aptitude for the study of law by achieving a score at or above the
50th percentile on the test.
C. In each case, the dean or admissions officer of the admitting
school shall sign and place in the admittee's file a statement of
the considerations that led to the decision to admit the
applicant.
Comment: This paragraph 4 does not apply to students continuing
in the same school under the provisions of subparagraphs B and C
(3) of paragraph 4 of Section 2.01 (H) dealing with scholastic
standards. Such continuing students are not considered to have been
dismissed for purposes of these Standards.
5. Credit Allowed to an Applicant for Admission or Readmission
after Dismissal for Low Scholarship.
The amount of credit allowable for prior legal studies to an
applicant previously dismissed for low scholarship is discretionary
with the admitting school, subject to all and each of the following
limitations:
A. Credit should ordinarily be granted only for whole courses
completed not more than 27 calendar months prior to the date the
applicant will begin his or her studies at the admitting
school.
Comment: In some instances, such as illness or personal tragedy,
it may be appropriate to permit credit for studies completed more
than 27 calendar months prior to the date the applicant begins
studies at the admitting school. If credit is given, it must be at
the discretion of the dean and documentation of the reason(s) for
the exception must be placed in the student's file.
B. Credit may be granted only for courses in which the applicant
received a grade at the good standing level or higher from the
awarding school provided, however, in the case of an applicant who
has passed the First-Year Law Students' Examination, credit may be
allowed for each completed course in Torts, Criminal Law, and
Contracts for which the prior school awarded credit to such
applicant, even if the grade was less than would be required to be
in "good standing."
Comment: There is no time limitation for awarding credit for
passing the First-Year Law Students' Examination, although
consideration should be given to the same limitations for credit
discussed in Section 2.01 (G) 5. A.
C. No credit may be granted for any course completed at an
unaccredited law school unless the admitting school is satisfied
that the content, quality, and grading standards of that course
were substantially equivalent to those which the admitting school
would expect in a like course offered at the admitting school. As
applied to an applicant who has passed the First-Year Law Students'
Examination (and without limiting the generality to the preceding
sentence), it may be presumed that any course in Torts, Criminal
Law, and Contracts taken by that applicant at an unaccredited
school satisfies this limitation.
D. In no case may the number of units of credit granted by the
admitting school for any course completed at the applicant's prior
school exceed the number of units that the admitting school would
award for a course of the same number of classroom hours. (Semester
and quarter units defined under Section 2.01 (D) 2. H.)
E. No credit shall be granted for any course work unless and
until the requirements of Section 6060(g) of the California
Business and Professions Code have been met, that is, unless and
until the applicant has either passed the First-Year Law Students'
Examination or has become entitled to an exemption therefrom. In
the case of applicants required to pass that examination, (i) those
who pass the examination within its first three administrations
from the time of their first becoming eligible to take it may
receive credit for all legal studies completed to the time the
examination is passed, and (ii) those who pass the examination
subsequent to its first three administrations following such
eligibility may receive credit for no more than one year of legal
studies.
In all cases in which credit is awarded for courses from an
unaccredited law school, the dean or admissions officer of the
admitting school shall sign and place in the applicant's file a
statement setting forth the facts relied upon to satisfy the above
conditions and to determine the amount of such credit.
Comment: The above provisions of this paragraph 5 deal only with
the amount of credit allowable toward the Juris Doctor degree by
the admitting school. Schools are cautioned that the applicant's
eligibility to take the California Bar Examination as a graduate of
an accredited law school is also dependent upon the applicant's
meeting the residency requirements set forth in paragraph 2 of
Section 2.01 (D) of these Standards.
F. This paragraph 5 sets only the upper limits on the amount of
credit allowable for prior studies. Nothing in this paragraph
should be construed as requiring the admitting school to grant all
or any of the credit allowable under this paragraph.
6. Credit for Prior Study in Another School, in the Absence of
Prior Dismissal.
Credit for prior law study may be allowed to an applicant for
admission who was not previously disqualified from a law school for
low scholarship on the same basis as credit is allowable under
paragraph 5 of this section to students previously disqualified for
low scholarship provided, however, in the application of
subparagraph B of paragraph 5, credit may be granted for any
courses for which the prior school awarded credit.
A. Credit may be allowed for work successfully completed at
another accredited law school.
B. Credit may be allowed for law study for which academic credit
was earned at an unaccredited law school if
(1.) either
(a.) the credit does not exceed six (6) semester units, or
(b.) the applicant has passed the First-Year Law Students'
Examination, and
(2.) the admitting school is satisfied that the subject matter
of, and the quality of the applicant's performance in, the courses
for which credit is allowed, were substantially the same as that
for like courses and grades in the admitting school, and
(3.) the dean or admission officer of the admitting school signs
and places in the admittee's file a statement setting forth the
facts relied upon to satisfy these conditions.
Comment: This subsection 6. describes the circumstances under
which a school may grant credit for prior law study to a student
who had not previously been dismissed. This subsection does not
compel a school to grant such credit, or any credit, and each
school must determine what credit it will allow, if any, within the
maximums permitted by this subsection.
7. Credit for Resident Study outside the United States.
Subject to subparagraph A of paragraph 5 of this section, credit
may be allowed to all applicants for admission for resident study
in a law school outside the United States in subjects related and
substantially equivalent to those given in accredited schools and
in an institution whose standards are comparable to those of
accredited schools. Credit for foreign legal study may not exceed
one-third of the total required for the degree unless the foreign
study was in a system of law basically similar to that prevailing
in the jurisdiction of the admitting school, and in no event may it
exceed two-thirds of the total required for the degree.
8. Exceptional cases.
A. A person may be permitted to enroll as auditor or non-degree
candidate in a particular course or limited number of courses in
the law school without complying with the admissions requirements.
Policies and procedures governing such admissions shall be
established by the school and should be designed to ensure that the
persons taking such courses have the ability and knowledge to
benefit therefrom and will not interfere with the progress of the
course to the detriment of the regularly enrolled students.
B. Members of the bar and graduates of accredited law schools
may be permitted to enroll in courses as non-degree candidates
without complying with the admission requirements.
C. Persons permitted to enroll in courses under this subsection
7. shall not be classified or counted as law students.
9. Records.
In keeping records of admission, and in reporting to the
Committee, the school shall separately list and report the names
and number of persons admitted in each of the categories:
subsection 2.A. Regular Students with a Bachelor's Degree
subsection 2.B. Regular Students without a Bachelor's Degree
subsection 3. Special Students
subsection 4. Students Previously Dismissed from a Law School
subsection 6. Prior Law Study without Dismissal
Section 2.01 (H) Scholastic Standards.
The law school shall maintain sound scholastic standards and shall
identify as soon as possible following admission and exclude those
admitted students who have demonstrated they are not qualified to
continue.
1. In General.
Each student shall be graded honestly and realistically from the
inception of law study. A student who appears not to be capable of
progressing satisfactorily shall be excluded as soon after
admission as such inability becomes manifest.
The number excluded will normally be directly related to the
quality of the screening at admission. A school which admits all
applicants possessing minimum qualifications may be expected to
have a high exclusion rate before the second year; a school which
carefully screens its applicants may be expected to have a lower
exclusion rate.
A school that has a low exclusion rate at the end of the first
year or first and second years and a high exclusion rate at the end
of the third year, or a high rate of denials of degree at the end
of the last year, is presumptively not maintaining a sound
policy.
2. Graduation Standards.
The school shall adopt clearly defined requirements for
graduation and earning the first professional degree in law, either
the J.D. or LL.B. degree. The graduation standards
A. shall require satisfactory completion of not less than eighty
(80) semester units, or the equivalent,
B. shall require a cumulative average performance or grade
average that the school establishes and which is at or above the
minimally acceptable level of performance for admission to the bar,
and
C. should, when fulfilled by the student, necessarily satisfy
the legal education requirements for eligibility for the California
Bar Examination, although the law school is not a guarantor of the
student's eligibility for the Bar Examination upon graduation from
the law school.
3. Grading Standards.
A. The school shall establish grading standards and practices so
as to honestly evaluate student performance in relation to the
minimum acceptable performance for admission to the bar, and give
reasonable advice to students regarding their performance, receipt
of academic credit, and advancement toward graduation.
B. Student performance in a course shall be evaluated and graded
by qualified and competent individuals. Student work may be graded
by the course instructor, by other members of the faculty, by
carefully selected and supervised graders, or by a combination
thereof, in accord with the school's established grading
practices.
4. Academic Standing, Probation, and Exclusion.
A. The school shall adopt a clear policy defining academic
standing, including policies for academic exclusion and for
advancement in good standing, and may also provide for advancement
on probation.
B. Once adopted and until changed the policy shall be adhered
to, with exceptions being rare and then only on a clear showing of
special circumstances and good cause. The power to grant exceptions
should be vested in the faculty or a faculty committee and not left
to the discretion of one person. All actions should be recorded in
the permanent minutes of the faculty or committee meetings. When an
exception is granted, a memorandum shall be placed in the student's
file containing a record of the action taken and the reasons
therefor.
C. Students shall be evaluated for advancement and retention at
least as often as at the end of each academic year. Students who
have not maintained the grade average required for graduation or
advancement in good standing, as the case may be, should be
promptly excluded, provided, however, that the school may
permit:
(1.) students to continue on probation, in accordance with an
established probationary policy;
(2.) students who are currently enrolled in intersession or
summer session courses to complete such courses,
(3.) a limited number of students not meeting the foregoing
conditions to continue, when approved by the faculty or a faculty
committee, in accord with subsection B., above.
Comment: This subparagraph, allowing a limited number of
students to be continued in school under an exception to the
school's general policies concerning retention and academic
exclusion, applies only to the continuation of the school's own
students who have been academically excluded, or become subject to
academic exclusion, as of the end of the school's most recently
completed regular academic period. This subparagraph does not apply
to students from other schools, or to the school's own former
students seeking to return
following a break in the ordinary progression of their academic
program. The enrollment of students from one school into another,
and the re-enrollment of a school's own former students following
an interruption in attendance, is governed by the provisions of
Section 2.01 (G) of these Standards concerning admissions.
A student will be considered to have been continued under the
provisions of this subparagraph regardless of the procedural format
utilized by the school, so long as, in substance, there is no
interruption from one regular academic period to the next in the
student's eligibility to enroll, and the student does, in fact,
enroll in that next regular academic period. (For purposes of the
preceding sentence, a summer session is not considered a "regular
academic period" unless attendance at that session would normally
be required of all students who are at substantially the same point
in the academic program as the student being continued.) Thus, for
example, a student may be considered continued whether, under the
school's procedures, the student is first nominally excluded but
with the right to petition a committee of the faculty to be
reinstated and allowed to continue into the next regular academic
period, or whether, instead, the student becomes subject to
academic exclusion which will take effect unless the student files
a timely and successful petition with a faculty committee to avoid
it.
(4.) If a student is excluded hereunder during, and without
completing, a course or courses permitted to be taken under these
subsections A., B., or C., the school shall, within a reasonable
time, refund all tuition and fees associated with such course or
courses.
5. First-Year Law Students' Examination.
A. If a student who is required to take the First-Year Law
Students' Examination is allowed to advance to the second year of
law study, no academic credit for studies beyond the first year
shall begin to accrue until the student passes the First-Year Law
Students' Examination.
B. If a student who is required to take the First-Year Law
Students' Examination is allowed to advance to the second year of
law study fails to pass the First-Year Law Students' Examination
within the first three administrations of the First-Year Law
Students' Examination after first becoming eligible therefor, then
the student must be promptly dismissed.
6. Course Repetition.
A. Duplicate academic credit shall not be granted for repetition
of the same or substantially the same course, materials or subject
matter, whether in the same or different schools.
B. A school shall adopt and adhere to a clearly defined written
policy concerning course repetition.
(1.) The policy shall identify the conditions under which a
course or courses must be repeated, either for the granting of
credit or for advancement or graduation. The policy shall indicate
the effect the repetition will have on the student's grade average,
the amount of academic credit earned, the course grade or grades
permanently recorded, and the effect of the repetition regarding
the disqualification, probation, advancement and graduation
policies.
(2.) The policy may identify the conditions under which a course
or courses may be repeated.
(3.) The policy should identify limitations on repetition of
courses.
(4.) Nothing herein prohibits a school from charging full
tuition, fees and other charges associated with the repetition of
any course or courses.
7. Examinations.
A critical factor in evaluating the school's performance under
this Standard will be the quality of the examinations and the
reliability of the grades given. In determining the accuracy and
reliability of grading, the Committee will consider
A. the degree of correlation between the grades actually
received in the first-year courses of Torts, Contracts, and
Criminal Law and the grades achieved on questions in those subjects
in the First-Year Law Students' Examination;
B. the inspection team's independent judgment on the quality of
the examinations and the accuracy of the grading;
C. the degree of consistency in the application of the grading
standards among members of the faculty.
8. Records.
The school shall maintain for inspection by the Committee:
A. a file of all examinations given in the last five (5)
years;
Comment: While a school shall retain all examinations for five
(5) years, it is recommended that a permanent file, especially of
course final examinations, be maintained.
B. for one (1) year, all final examination papers, including
examinations, briefs, memoranda, research papers, etc., with a
record of the score or grade on each paper;
Comment: In courses, such as moot court, where the course grade
is substantially determined upon an oral presentation, the school
should make available to the Committee inspectors any video tapes
of the oral presentations. Also, see Comment to Section 2.01 (I)
6.
C. a permanent record of grades on all examinations, by
course;
D. a permanent record of course grades in all courses;
E. an annual grade distribution chart, by course and instructor,
for all courses.
Section 2.01 (I) Physical Resources. The
law school shall maintain physical resources adequate for its
programs and operations.
1. In General.
The school shall have the exclusive use and occupancy of office
and library facilities at all times and of classroom facilities
during, and for a reasonable time before and after, instruction
periods. A school may share classroom space with another
institution or with another department or division of the same
institution, provided that such arrangements do not interfere with
the proper scheduling of the law school's class sessions. All
physical facilities at each location or branch of the school shall
be located in reasonable proximity to each other so that students
may have the full and convenient use of classroom, library, lounge
and consultation facilities, and ready access to the administrative
offices.
2. Classrooms.
A. There shall be a sufficient number of classrooms to provide
for the full program of the school.
B. Each classroom shall be adequate for its intended uses.
Comment: It is generally expected that there be not fewer than
four (4) classrooms. A new school or a new branch of an existing
school may operate with fewer than the full complement of
classrooms for the first three (3) years of its operation, provided
it has a sufficient number of classrooms for the courses being
offered. Each classroom should be adequately lighted and
ventilated, and be of sufficient size and so equipped that each
student attending classes therein can be comfortably seated at a
desk or table with adequate space for the use of a writing pad or
notebook and pertinent course books. Each classroom should also be
equipped with a lectern, a writing-board or the equivalent and an
instructor's table and chair. Chairs without tables are completely
unsuitable for law students and tablet arm chairs will be approved
only as a temporary expedient.
3. Administrative Offices.
The school shall provide adequate office space in individual
private offices for the dean and other administrative officers as
is appropriate with adequate area, in reasonable proximity, for
files and secretarial and clerical help.
4. Faculty Offices.
Each full-time member of the faculty should have a private
office and must be provided adequate physical facilities and
conditions for fulfillment of his or her responsibilities. Private
office space or a faculty lounge area should be provided for all
members of the part-time faculty, with adequate facilities for the
safe keeping of roll books, teaching materials and notes. In
addition, a room or rooms, adequate to ensure privacy, should be
provided for counseling of students by part-time members of the
faculty.
5. Research Resources.
Faculty shall be provided reasonable access to the library and
its resources, and with adequate other resources to fulfill their
responsibilities.
6. Instructional Equipment.
The school shall have and maintain adequate instructional
equipment to support the program of the school.
Comment: The school should maintain sufficient video recording
and playback equipment to support any course or courses in which
student oral performance or presentation is any portion of the
basis for determining the course grades.
7. Security.
The school should provide such security measures as maintain a
reasonably safe environment in class, in administrative or faculty
areas, in the library, and in parking facilities controlled by the
school, but the school is not a guarantor of the safety of students
or their property.
Section 2.01 (J) Financial Resources. The
law school shall maintain adequate present and anticipated
financial resources to support its programs and operations.
1. The school shall have a financial structure and fiscal
resources and policies sufficient to assure present and reasonably
foreseeable operations at a level consistent with the
Standards.
2. The school shall annually prepare a report of its financial
affairs and shall submit to the Committee such report, whether a
compilation, review or audit, as is submitted to the regional or
national accrediting agency or governmental authority through which
the law school maintains its authority to confer the first
professional degree in law. Notwithstanding the above reporting
requirement, the Committee retains the right to require the law
school to submit an annual audit of its financial affairs.
Section 2.01 (K) Records and Reports. The
law school shall maintain adequate records of its programs and
operations, and shall make annual and other reports as the
Committee determines to be necessary or proper to determine
compliance with the Standards.
1. In General.
Complete records shall be kept by the school, or the institution
of which it is a part, and shall be readily available to the
administration of the school and to the Committee. Records may be
kept on paper or in electronic or other media so long as the
records are readily available, and, if records are kept in such
electronic or other media, the records shall be reasonably
protected against loss or corruption by appropriate security
measures and by means of duplicate storage.
2. Applications.
Records shall be maintained of all applicants for admission at
each academic period, which show, for each applicant, the following
information:
A. name of each applicant,
B. date application was received,
C. classification of applicant as regular or special, and as
beginning or advanced,
D. Law School Admission Test scores,
E. number of undergraduate units completed or degree received,
and school or schools attended,
F. undergraduate grade point average,
G. action on application,
H. if admitted, whether the applicant registered or
attended.
Such records shall be kept for at least one year from the
beginning of the academic period for which application for
admission was made.
3. Record of Admissions.
For each person admitted, but who did not register or attend,
the school shall maintain a file containing:
A. application,
B. official transcripts of all pre-law studies or, if the
admittee holds a bachelor's degree from a qualified institution, a
transcript from the institution conferring the degree and
transcripts of any graduate studies,
C. official transcripts of any law studies at another
school,
D. certification of passing an equivalency examination, when
required,
E. Law School Admission Test score reports,
F. any letters of recommendation,
G. any special certifications required by the Standards,
H. action taken on the application.
Such files must be kept for at least one year from the beginning
of the academic period for which application for admission was
made.
4. Student Files.
For each person admitted who did register or attend, the school
shall maintain a permanent file containing:
A. all matters required as part of the applicant's file under
subsection 3., above,
B. memoranda of the determinations and all supporting
documentation regarding any special accommodations made in the
administration of examinations,
C. any other matters required under the Standards, and
D. a record of any faculty or administrative action regarding
the student's academic performance, any disciplinary action, any
leave of absence or other interruption of studies, any termination
prior to graduation, and any other matters relating to the program
or course of study where there was variance between the same and
the rules of the school.
5. Transcripts.
A permanent official record or transcript shall be kept for each
student who was or is enrolled in any course in the school, which
shall contain:
A. information sufficient to clearly identify the student,
Comment: The Committee requests the following information be
placed on a student's transcript, only for identification purposes,
and only if in compliance with applicable law regarding student
privacy rights and the use of the social security number: the
student's name, address, date and place of birth, social security
number, and any separate and permanent student identification
number assigned by the school.
B. category of the student, as a Regular Student or Special
Student, together with information sufficient to clearly establish
the basis for admission as a Regular Student or as a Special
Student, including a memorandum of prelegal studies qualifying for
admission, Law School Admission Test scores and equivalency
examination scores, if required,
C. date of admission,
D. whether a degree candidate or not,
E. any credit allowed for law study at another institution,
either at time of admission or thereafter, listing school, course
or courses taken, when taken, unit credit allowed and grades
received,
F. all academic credit granted for courses taken at the school
and all courses in which the student has registered at the school,
clearly indicating, by semester, quarter or term and year, the
courses, unit value, credit, if any, granted and grade received,
and, in the event of any change or correction on the face of the
transcript, the reason therefor,
G. a summary memorandum of any academic, administrative or
disciplinary action taken, indicating the nature and date
thereof,
H. a summary memorandum of any leaves of absence granted or
other interruptions in study, whether authorized or not, and
I. final termination of studies, date and nature thereof as
withdrawal, dismissal, transfer, graduation or otherwise, and if
graduated, the degree conferred.
6. Class Records.
An official class record shall be permanently maintained for
each course, or section of a course, for each semester, quarter or
term which shall show:
A. name of course, designation of section, instructor, term and
year,
B. regularly scheduled meeting times of the class,
C. names of all students enrolled at commencement of the
term,
D. attendance record for each student,
E. date of withdrawal of each student who did not complete the
class,
F. grade received on each examination or graded paper in the
course and each term and course grade.
7. Examinations and Grade Tabulations.
The school shall retain the files and records required under
Section 2.01 (H) 8.
8. Faculty Personnel.
A file shall be maintained for each person who is or has been an
instructor in the school at any time during the last ten years,
which file shall contain:
A. a personal history summary giving undergraduate education,
graduate education, if any, and law school education, with years
attended, degrees conferred and honors awarded; and a summary of
professional career, including any public service, areas of
specialization, and academic work,
B. a list of any published writings,
C. a description of any teaching experience prior to becoming an
instructor at the school,
D. a record of all courses, by academic periods, taught at the
school,
E. any evaluations made by the dean, faculty committee or
accrediting agency,
F. transcripts of legal education, and evidence of membership in
a state bar, if admitted to practice law.
9. Faculty Minutes.
A file shall be maintained of the minutes of all meetings within
the last ten (10) years of the faculty and of all faculty
committees.
10. Board Minutes.
A permanent file shall be maintained of the minutes of all
meetings of the governing board and of all meetings of all
committees of the governing board.
11. Operating Records.
The school shall maintain records sufficient to enable the
school to prepare the Annual Report required under the Standards,
including statistical, fiscal, and other information, for the
entire school and for each division and branch, and to prepare the
annual report of its financial affairs. The reporting form for the
Annual Report is available from the Committee.
12. Committee Correspondence.
The school shall maintain a permanent file of all correspondence
to and from the Committee or its Consultants, including all Annual
Reports and other reports, all certifications, all petitions and
requests for waivers, together with any supporting materials and
the action thereon.
13. Other Inspections.
For accrediting or licensing agency inspection reports and
self-studies, annual questionnaires, annual reports, and similar
documents related to evaluations of the school
A. the school shall forward to the Committee one copy of any
self-study and of any inspection report within thirty (30) days of
the issuance of such documents, and
B. the school shall maintain a permanent file of all such
documents.
14. Reports to be regularly made.
The reports listed below shall be regularly made at the time,
and in the manner specified; other reports may be required from
time to time when, in the opinion of the Committee, it is
appropriate to determine compliance with the Standards or obtain
information which would be helpful to the Committee. The time
within which any report or certification must be made may be
extended by the Committee or its delegate for good cause.
A. Annual Report. The school shall file its Annual Report in
accord with Section 1.08 of the Rules Regulating Law Schools in
California.
B. Admission Certification.
Within sixty (60) days after the start of any academic period at
which any students have been newly admitted to the school, the
school shall file with the Committee certifications respecting all
students who have been admitted and have actually registered for or
attended any class, as provided in this subsection.
(1.) Admittees shall be separately listed by the following
categories:
Section 2.01 (G) 2.A. Regular Students with a Bachelor's
Degree
Section 2.01 (G) 2.B. Regular Students without a Bachelor's
Degree
Section 2.01 (G) 3. Special Students
Section 2.01 (G) 4. Students Previously Dismissed from a Law
School
Section 2.01 (G) 6. Students with Prior Law Study without
Dismissal
(2.) The certifications shall contain the following information,
for
(a.) Beginning Regular Students:
The names of all beginning students who have official
transcripts on file establishing eligibility for admission as a
Regular Student and, with respect to each student, the prelegal
education as set forth on such transcripts, the school or schools
attended and the Law School Admission Test score, if on file. A
statement of the degree conferred and the name of the institution
conferring it will suffice as a statement of the extent of the
prelegal education for any student whose transcript on file shows a
bachelor's degree from a qualified institution.
(b.) Beginning Special Students:
The names of all persons admitted as beginning students who are
not included in the certification of beginning Regular Students,
and with respect to each such student, the extent, in units, of the
prelegal education as set forth on transcripts on file, the school
or schools attended, grade point average, age, Law School Admission
Test score, and whether a certificate of official documentation of
acceptable scores on the equivalency examination is on file.
(c.) Students with Prior Law School Attendance:
persons admitted whose applications disclose any prior law
school attendance, whether or not admitted with any advanced
standing and whether or not included in the certifications filed
under paragraphs (a.) or (b.) hereof, all matters required under
paragraph (a.) or (b.), as the case may be, and, in addition, the
name or names of any law schools previously attended, whether
eligible to continue at the school last attended, and if so,
whether in good standing or on probation, and the amount of credit,
if any, allowed.
C. Annual financial report. Within thirty (30) days after
completion of the school's annual financial report as described in
Section 2.01 (J) 2., the school shall forward a copy of the report
to the Committee.
15. Copies of the Annual Report form for Accredited and
Candidate Law Schools is available upon request to the Educational
Standards Department of the Committee of Bar Examiners. The Annual
Report includes forms currently used to report enrollment,
admissions, academic exclusions, grade distribution, financial
information, and other matters.
Section 2.01 (L) Equal Opportunity and
Non-Discrimination. Consistent with sound educational
policy, and the Standards, the law school shall demonstrate, or
have carried out and maintained, by concrete action, a commitment
to providing full opportunities for the study of law and entry into
the profession by qualified members of groups (notably racial and
ethnic minorities) that have been victims of discrimination in the
past.
The law school shall maintain equality of opportunity in legal
education in admission and retention of students and hiring,
retention and promotion of faculty without discrimination or
segregation on the grounds of race, color, religion, national
origin, sex, age, marital status, disability, or sexual
orientation, except insofar as such action is protected by the
Constitution of the state of California, provided that nothing in
this Standard is intended to prohibit such admission, retention,
hiring and promotion policies maintained for the purpose of
remedying present effects of past discrimination.
No Factors or Comments under this Standard.
Supplemental Factors and Comments:
Section 6.03 Major Changes.
(B)
Comment. A law school must seek prior approval for establishment
of a separate or branch campus. When considering the request, the
Committee will evaluate whether a separate location is or will be a
part of the main or existing campus, whether the branch campus is
operating as a subdivision of the main or existing campus, and/or
whether the law school site requires independent accreditation
separate from the main or existing campus.
When evaluating the proposal for a separate or branch campus,
the Committee will consider all the facts and circumstances
regarding the matter, including but not limited to the degree to
which there exists between the main or existing campus and the
other location, factors that are independent, integrated and in
common. In addition to other factors that may be identified, the
Committee will specifically consider the following:
• legal existence,
• governance, Dean and administrative personnel and
policy,
• educational program, academic policy, degree requirements,
and degree awarded,
• faculty, including hiring and retention practices, and
committees,
• law library,
• distance between locations, miles and travel time,
• methods and systems for communication among staff, faculty
and students between locations,
• admissions policies and practices,
• scholastic standards, and
• financial structure and fiscal practice.
After reviewing the request, the Committee shall determine
whether the proposed separate location constitutes the creation of
a branch campus or different law school. If the Committee
determines that a different law school will be created, the
different school may apply for approval pursuant to the
provisions of Rule Five if it can demonstrate that it is in full
compliance as provided in Rule Five; candidacy and waiting time may
be waived if appropriate.
(E)
Comment. A law school need not seek or receive prior approval to
offer non-degree courses or programs to members of the bar provided
the courses or programs meet the criteria for certification by the
State Bar's office that administers the Minimum Continuing Legal
Education program.
(F)
Comment. A law school need not seek or receive prior approval to
offer non-degree courses or programs to members of the bar provided
the courses or programs meet the criteria for certification by the
State Bar's office that administers the Minimum Continuing Legal
Education program.
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