ABA Council’s Proposal to Expand Distance Learning Open for Public Comment

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The American Bar Association (ABA) Council recently proposed an increase in distance learning for law students, allowing up to 50% of a law school’s credits to be offered online without special permission. The proposed increase is subject to notice and comment. Law schools are currently limited to granting up to one-third of the required credit hours through distance education without council approval.

The proposal came after the council’s strategic review committee surveyed 1,394 third-year law students in February 2022 about distance education. The survey revealed that 68.65% of respondents wanted to earn more distance education credits than their schools currently offer.

In addition to increasing the credit limit, the strategic review committee proposed cutting the standard’s 10-credit-hour limit for 1L distance education classes. The Strategic Review Committee detailed the proposals in a Feb. 8 memo.

  

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The ABA Council’s move to increase distance learning comes after it granted ABA-accredited law schools leeway to offer emergency online classes in March 2020 in response to the COVID-19 pandemic. Later, 140 schools received extensions to continue with online learning, according to the ABA website. The council has granted substantive change or variance requests for online and hybrid J.D. programs at 13 law schools.

The ABA site lists the following schools as having hybrid J.D. programs, along with the dates the programs were approved:

• Mitchell Hamline College of Law—December 2013
• Syracuse University College of Law—February 2018
• University of Dayton School of Law—May 2018
• University of New Hampshire School of Law—February 2019
• Suffolk University Law School—August 2020
• Seattle University School of Law—February 2021
• St. Mary’s University School of Law—May 2021
• South Texas College of Law-Houston—February 2022
• Vermont Law School—February 2022
• Loyola Law School (Los Angeles)—February 2022
• Northeastern University School of Law—May 2022
• Cleveland State University College of Law—Nov. 2022
• University of Hawai’i William S. Richardson School of Law—Nov. 2022

The ABA’s move to increase distance learning in law schools is not without controversy. Some legal professionals argue that the proposed changes could harm the legal profession, as students who receive more online education may not have the same level of hands-on experience as those who attend traditional law schools. Additionally, there are concerns that online learning may not be as effective in teaching specific skills, such as trial advocacy or client counseling.

Overall, the proposal to increase distance learning in law schools significantly develops legal education. While it can potentially increase access to legal education and provide flexibility for students, it also raises important questions about the quality of legal education and its impact on the legal profession. The public comment period allows stakeholders to express their views and concerns about the proposal. It remains to be seen whether the proposal will be adopted and how it will impact legal education and the legal profession.

REFERENCES:

ABA Sends Proposed Increase In Law School Distance Ed Cap From 33% To 50% Out For Notice And Comment