The ABA’s Standards and Rules of Procedure for Approval of Law Schools

ABA-accredited law schools are governed by the ABA’s Standards and Rules of Procedure for Approval of Law Schools, as well as the Interpretations that follow each Standard (collectively Standards). These Standards are promulgated by the ABA’s Council of the Section of Legal Education and Admissions to the Bar (the Council), which is the national agency responsible for the accreditation of programs leading to the J.D. degree.

Standards Review: The Role of the ABA House of Delegates, Council, and the Standards Review Subcommittee

Each year, the Council makes an open call for suggestions on Standards that may need revision. The Council then sets the agenda for its Standards Review Subcommittee (SRS) to review and revise the Standards to ensure that they are appropriate requirements for current legal education programs and that they focus on matters that are central to the provision of quality legal education.  After its review, the SRS presents its recommendations to the Council. The Council sends any proposed changes out for public notice and comment. After receipt of written comments as well as oral comments at an open hearing, the SRS reviews the comments and makes recommendations to the Council.

When the Council decides to adopt a revision, the ABA House of Delegates then reviews the decision. The House either concurs in those revisions or refers them back to the Council for further consideration. The Council’s decision after the second referral back is final. 

The Make-up of the Council

The Council is made up primarily of law faculty, judges, and practitioners, but there are also a few public members as well as a student member. Two Section delegates to the ABA House of Delegates, the liaison to the Board of Governors, and various Section staff members also attend Council meetings.

Council Meetings

When the Council meets, it begins by meeting in executive session to hear accreditation reports on various law schools and to decide accreditation issues. Then, the Council meets in open session. During these open sessions, the Council conducts business, discusses the work of committees, considers new initiatives, and hears reports from affiliated organizations. 

Role of Affiliate Organizations at Council Meetings

Affiliates and members are welcomed to attend and observe at Council meetings but do not participate in the discussion. The Association of Legal Writing Directors is the affiliate organization for legal writing. 

Twice a year at the end of the Council’s meeting, affiliate representatives are invited to address the Council briefly. Some reports last 10-15 minutes, but most are quite short. The goal of the reports is to keep the Council informed of the affiliates’ activities. Affiliates are also able to offer insights on issues before the Council that are of particular concern to their constituents. ALWD has focused on issues related to legal writing including students’ preparation for practice, learning outcomes and assessments, and the status of legal writing faculty.

During breaks, affiliates and observers are free to talk to Council members, and after attending meetings for years, affiliates develop strong relationships with Council members and other affiliates’ representatives.