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State Bar Board of Trustees Approve Revamped Law School Accreditation Rules

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Tuesday, May 18, 2021
   Categories: News Releases

At its meeting on May 13, 2021, the State Bar Board of Trustees adopted new accreditation rules for California accredited law schools. The new rules, effective January 1, 2022, refocus California accreditation on its essential purposes, incorporate best practices, and provide a framework to recognize law schools that are accredited by regional or national accreditors.

“This effort is the latest example in the State Bar’s many efforts to broaden access to quality legal education in our diverse state,” said Donna Hershkowitz, Interim Executive Director. “The new accreditation rules will ensure that law schools and the State Bar are focusing on what matters most to ensure positive student outcomes and ultimately support our efforts to protect the public.”

California offers more pathways to the law than any other state and is one of only a handful of states that permit accreditation other than by the American Bar Association (ABA). The nearly two dozen law schools currently accredited by California offer accessible, affordable, and flexible options for law students.

The revised rules further four key purposes for accreditation of California law schools:

  • Consumer protection and transparency;
  • Student success;
  • Diversity, equity, and inclusion; and
  • Preparation for licensure and professionalism.

Refocusing the accreditation rules on these four purposes creates a clear, understandable public protection framework for accreditation in keeping with the State Bar’s mission. Each provision in the revamped rules describes a specific, measurable action designed to fulfill one or more of these purposes. Prior accreditation requirements that did not further any of these specific purposes were eliminated, and new requirements were added to ensure that schools are meeting these goals.  

The rules also include a new jointly accredited status for law schools that have earned an institutional accreditation (other than from the ABA). Law schools not accredited by the ABA, or their parent institutions, are most likely to earn this accreditation through the Western Association of Schools and Colleges Senior College and University Commission, the major accreditor of most West Coast universities, the Distance Education Accrediting Commission, a national accreditor, or one of six other regional accreditors.

The new rules will be effective January 1, 2022, but currently accredited law schools will not be required to demonstrate compliance until January 1, 2024.

The Board’s approval completes more than two years of effort undertaken by the Committee of Bar Examiners and the Committee of State Bar Accredited and Registered Schools, with numerous opportunities for public comment.

Among other actions at the May 13 meeting, the Board:

  • Discussed the State Bar’s efforts and plans related to furthering diversity, equity, and inclusion in the profession, based on the agency’s biennial report submitted to the Legislature in March.
  • Received an annual update on the State Bar’s efforts to collect delinquent debt, and approved revised collection practices as well as an updated debt collection policy. In 2018 and 2020, the State Bar pursued legislative changes to provide the agency with additional mechanisms to collect delinquent debt. The recent statutory changes, effective in January 2021, allow the State Bar to submit nearly $160 million in unpaid debt to the Franchise Tax Board’s Court Ordered Debt Collection Program. In addition, the updated collection policy authorizes collections against attorneys who have not resigned or been disbarred, including inactive and suspended attorneys. Approximately $9.4 million is currently owed from such attorneys. The updated collection policy sets forth the State Bar’s commitment to collect outstanding debt from all licensees, regardless of status, who are delinquent in repayment of their debt.
  • Authorized the expansion of the Closing the Justice Gap Working Group by up to five new members.

In addition, the Board’s Regulation and Discipline Committee approved publication of a new ethics opinion that addresses lawyers’ ethical obligations regarding mental impairments that impede a lawyer’s fitness to competently and diligently engage in the practice of law. Also approved for publication was a new formal arbitration advisory that addresses disputes concerning an attorney’s charges for costs and expenses.

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The State Bar of California's mission is to protect the public and includes the primary functions of licensing, regulation and discipline of attorneys; the advancement of the ethical and competent practice of law; and support of efforts for greater access to, and inclusion in, the legal system.

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