Legal Education

ABA Legal Ed council will consider options for 'more autonomy' at special meeting

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The ABA headquarters in Chicago. (Photo by John O'Brien/ABA Journal)

At a special meeting on Friday, the council of the ABA Section of Legal Education and Admissions to the Bar will consider recommendations “to give the council more autonomy over its self-governance” and allow changes to be implemented more quickly, according to memos to the council from the governance committee posted Jan. 9.

The special meeting, happening virtually and open to the public, comes just days after the Texas Supreme Court voted to part ways with the council regarding law school accreditation. The state supreme courts of Florida, Tennessee and Ohio also are reevaluating ABA accreditation.

The council, a separate and independent entity from the ABA, is recognized by the U.S. Department of Education as the sole accrediting body for U.S. law schools.

In October, a workgroup created by the Florida Supreme Court created a list of suggestions for alternative methods for law school accreditation that included the council becoming independent from the ABA.

Additionally, the council will consider a separate recommendation to speed up implementation of new or revised standards, interpretations or rules and to underscore the council’s independence, according to a memo from the governance committee.

Currently, Rule 55 states that the ABA House of Delegates must concur with any council decision to add or revise standards, interpretations or rules and then can refer a change back to the council twice for adjustments, according to the memo.

The suggested change would allow council decisions to automatically go into effect during the first August after it considers guidance from the House of Delegates, and it would “clarify” that consulting with the House of Delegates is to hear its feedback before the council makes its independent determination.

If these suggestions are approved at this week’s meeting, they must clear the ABA Board of Governors at its meeting next month and then be approved by the section membership at the August meeting, according to the memos.