ABA Adopts New Standards for Law School Learning Outcomes

The American Bar Association (ABA) has taken a significant step towards reshaping legal education in the United States. On August 16, 2024, the ABA's Council of the Section of Legal Education and Admissions to the Bar approved a series of modifications to its student learning outcomes standards. These changes aim to provide clarity on law schools' obligations and promote consistency across required courses.

The new standards mandate that law schools establish "minimum learning outcomes" for every class they offer. This requirement extends to ensuring uniformity across multiple sections of mandatory courses, such as Contracts or Torts, which are often taught by different professors. This move is part of a broader effort to standardize legal education and improve its quality across the nation's 203 ABA-accredited law schools.

One notable addition to the standards is the requirement for an early assessment in all first-year classes. This assessment is designed to provide students with feedback on their performance before the final exam. Additionally, the new rules stipulate that academic support must be available to students who do not achieve satisfactory results.

The ABA has also addressed the composition of faculty teaching first-year law students. Under the new standards, 80% of instructors for first-year courses must be full-time faculty members, except in "extraordinary circumstances." This provision aims to ensure that new students receive instruction primarily from experienced, dedicated educators rather than adjunct instructors.

Daniel Thies, an ABA councilmember, emphasized the need for these changes, stating, "We need to do something to make these requirements meaningful...and give them teeth." Thies noted that some schools currently view the existing requirements as mere "busy work."

The implementation of these new standards is subject to approval by the ABA's House of Delegates, which is scheduled to meet in February 2025. If approved, as is typically the case with revisions to law school accreditation standards, the new learning outcomes will be phased in starting in 2026.

It's worth noting that the ABA's role in accrediting law schools dates back to 1923, and it is recognized by the U.S. Department of Education as the national accrediting agency for J.D. programs. This latest move is part of the ABA's ongoing efforts to adapt legal education to changing times and ensure high standards across all law schools.

However, the proposed changes have not been universally welcomed. In April 2024, 76 law school deans—more than a third of the nation's total—submitted comments opposing the changes. They argued that the new requirements could potentially harm legal education by imposing unnecessary constraints on schools and limiting the flexibility of law professors in determining class content.

"These changes could harm legal education by placing unnecessary requirements on schools."

Supporters of the new standards, on the other hand, believe that students will benefit from increased course uniformity and a clearer understanding of how individual classes fit into the broader curriculum.

As the legal education landscape continues to evolve, these changes reflect the ongoing debate about the best ways to prepare future lawyers for the challenges of the profession. With the implementation of these new standards on the horizon, law schools across the United States will need to adapt their curricula and teaching methods to meet the ABA's updated requirements.