On August 16, 2024, the Council of the American Bar Association’s (ABA) Section of Legal Education and Admissions to the Bar has proposed a series of changes to clarify law schools’ obligations by refining the standards for student learning outcomes. These proposed revisions have sparked debate among legal educators and law schools across the country.
Learning Outcomes
The ABA has revisited the Standards related to Learning Outcomes—Standards 204, 301, 302, 314, 315, and 403—following two rounds of public feedback. These revisions clarify self-study requirements and shift the focus of course outcomes from “abilities” to “knowledge, skills, or competencies.” Among the changes, law schools are now required to conduct early assessments within the first third of JD credit hours, providing support for students in need. Evaluations have been expanded to include individual course outcomes, allowing for more flexible data collection.
Additionally, full-time faculty must now teach at least 80% of the first third of a student’s credit hours and engage in professional development every three years. Further details will be provided in an upcoming guidance memo.
A notable addition is Standard 302(c), which mandates that law schools ensure consistency across all sections of required courses by adopting uniform learning outcomes. While this aims to create a uniform educational experience, concerns have been raised about the potential impact on faculty control over course design and the lack of guidance on who will determine these uniform outcomes, which could limit faculty autonomy and stifle innovation in teaching.
Standard 206
The ABA Council also included revisions to Standard 206 in light of the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College which addressed the use of race in college admissions. The proposed revisions clarify that compliance with Standard 206(a) does not require law schools to consider race or any other identity characteristic in admissions decisions, a move that may extend to employment decisions.
This emphasis on fostering professionalism and mutual respect within the law school community is central to the proposed changes.
Standard 405
Under the proposed changes to Standard 405, ABA seeks to enhance job security for full-time faculty, particularly those in legal writing and academic support roles. These changes would offer long-term job protection to more faculty members, especially those who teach essential courses like legal writing and bar preparation.
The aim is to ensure that faculty can engage in teaching and decision-making without worrying about losing their jobs. The revisions also include specific rules for faculty contracts, making sure that all full-time faculty are informed about their duties and benefits when they start their positions.
Backlash Over Proposed Revisions
In early December 2023, the ABA sought public feedback on proposed revisions. Law school deans have expressed strong opposition to the proposed changes to the ABA Standards. In the official letter, 73 law deans argued that many of these proposals are unnecessary and could potentially harm legal education. The proposal is part of a bigger plan by “ABA Council to try and exercise greater regulatory control over law schools,” according to the letter. They cautioned against the potential downsides including reduced flexibility in hiring full-time faculty and the risk of shifting to part-time or adjunct staff. These critics also questioned the role of accreditors in dictating employment terms.
Next Step
The updated standards still require approval from the ABA’s House of Delegates, which is scheduled to meet next in February 2025. If approved, the revisions may necessitate additional time for law schools to implement. If approved, these standards will not take effect before the start of the 2026-2027 academic year.
Source: ABA’s Learning Outcomes Memo
