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ABA passes revisions to accreditation standards

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The American Bar Association House of Delegates passed a package of proposed revisions to the ABA law school accreditation standards at its midyear meeting in February, including a requirement that law schools provide bias training and substantial opportunities for students to develop a professional identity.

Resolution 300 passed with a 348 to 17 vote. The amendments were to Standards 205, 303, 507 and 508 of the 2021-2022 Standards and Rules of Procedure for Approval of Law Schools.

Jordana Confino, senior director of professionalism at Fordham University School of Law, said the resolution recognizes that legal knowledge and technical and analytical skills are only a subset of what students need to build satisfying, successful careers in law.

“They are necessary, but not sufficient,” she said. “To truly thrive, new lawyers must be equipped with additional competencies such as growth mindset, empathy, multi-cultural awareness, teamwork, resilience and a commitment to cultivating their personal health and well-being.”

Taking center stage is Standard 303, which focuses on curriculum. The revision added a new requirement that law schools provide education about bias, cross-cultural competency and racism at the start of law school and at least once before graduation. The requirement could be met through new student orientation programs, lectures, courses and other educational experiences that incorporate the topics.

In June of 2020, 150 law deans signed a letter urging the ABA’s Council of the Section of Legal Education and Admissions to the Bar — which oversees the law school accreditation standards — to consider such a requirement as part of a wider anti-racism movement in legal education.

Additionally, Standard 303 was amended to require law schools to provide substantial opportunities for students to develop a professional identity, with a new interpretation defining professional identity.

The new interpretation states: “Professional identity focuses on what it means to be a lawyer and the special obligations lawyers have to their clients and society. The development of professional identity should involve an intentional exploration of the values, guiding principles, and well-being practices considered foundational to successful legal practice. Because developing a professional identity requires reflection and growth over time, students should have frequent opportunities for such development during each year of law school and in a variety of courses and co-curricular and professional development activities.”

Several schools like Fordham Law and the University of Illinois Chicago School of Law have been a little ahead of the game in this area.

“At Fordham Law, we’ve witnessed the transformative and overwhelmingly positive effects that our professional identity formation offerings have had on our students, but far too many schools have thus far failed to appreciate the importance of — or to prioritize — this element of legal education,” Confino said. “This is why it is so exciting that Resolution 300 will now require them to do so.”

UIC Law Professor Megan Bess, who directs the externship program, has been focusing on how professional identity and leadership training can be further developed through practical training.

“Law school can be a really tough environment for students,” she said. “What’s most important is that students feel fully supported by their school.”

With more exposure to the real world through practical training, she says, it’s important for legal educators to help students unpack what they are seeing; to help them understand how to still put their best foot forward.

“There is a coalition of educators who are excited and enthusiastic about [this requirement] and its impact on the development of lawyers,” Bess said.

Other Resolution 300 revisions included:

  • Standard 205: Non-Discrimination and Equality of Opportunity added wording that requires schools to adopt, publish and follow nondiscrimination policies based on “ethnicity,” “gender identify or expression” and “military status.” The revision does not require religiously affiliated law schools to recognize or support organizations focused on sexual orientation or gender identity, if doing so conflicts with the institution’s religious beliefs. 
  • Standard 507: Student Loan Programs requires schools to provide applicants and students with resources related to financial aid and student loan debt and the availability of individual student loan counseling.
  • Standard 508: Student Support Services requires schools to provide all students with information or services related to mental health, including substance use disorders. Other resources include the need of critical services such as food pantries or emergency financial assistance.
Michelle Weyenberg

Michelle Weyenberg

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