Aba 301 6

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To:

ABA Section on Legal Education

From: Eddie L. Koen Jr., National Black Law Students Association - National Chair Date: July 16, 2007 Re:

ABA Proposal for New 301-6 Standard

I write today on behalf of the National Black Law Students Association (“NBLSA”), the sole African-American law student organization formed to articulate and promote the needs and goals of black law students since 1968. We submit this comment with significant thought of the potential impact of the 301-6 proposal. Thank you for reviewing our comments. The purpose of the American Bar Association’s (“ABA”) new rule is to maintain its accrediting authority with the Department of Education (“DOE”) in 304 CFR 602.16, which states: “The agency meets [the accreditation authority] requirement if (1) the agency’s accreditation standards effectively address the quality of the institution or program in the following areas: (i) Success with respect to student achievement in relation to the institution’s mission, including, as appropriate, consideration of course completion, State licensing examination and job placement rates . . .” (Emphasis added). In an effort to comply with DOE, the ABA opts to raise the bar passage rates for two overarching reasons: (1) Insuring Compliance with rule 301(a) which states, “[a] law school shall maintain an educational program that prepares its students for admission to the bar, and effective and responsible participation in the legal profession,” and (2) Consumer protection for law students. The ABA lists suggests that the new standards for compliance are: 1. Schools with more than 80% of students taking the home state bar exam: A school must demonstrate that within three of the last five years its students scored no more than 10 points below the state ABA first-time bar passage rate; 2. Schools with more than 20% of students taking the bar in out-of-state jurisdictions: In addition to demonstrating compliance with the 10 point rule, these schools must also demonstrate that their 20% or greater number of students pass out-of-state bar examinations on the first attempt at 70% or higher on the two most recent tests; 3. If a school cannot demonstrate compliance with #1 and/or #2: The school must demonstrate that its students pass a bar examination at a rate of eighty percent or more within three sittings and within three years of graduation.


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