ABA's accreditation review process may signal that it's finally heeding criticism.

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Yesterday, The Shark via the ABA Journal reported that the American Bar Association is considering an overhaul to its law school accreditation process, a move that was met by nothing less than a “Hallelujah!” from an Above the Law blogger and is sure to get similar reactions from those who have criticized the process in the past.

Rather than focus on law school’s “input”, like its size, budget and campus, the ABA is looking to move to a more “output” based evaluation that would “focus on what students actually take away from their educational experience at a particular law school rather than what the school teaches, and how,” according to ABA official E. Christopher Johnson Jr. in an article in the ABA Journal.

Cue the heavenly choirs.

But before you recreate the last 10 minutes of Sister Act 2, it might help to know just what sort of demons the ABA has been dogged by regarding the law school accreditation process.

The criticisms that have plagued the ABA come from a myriad of sources including law school professors, law school deans, and the U.S. Department of Education, which grants the ABA the sole authority to accredit law schools.

According to Lawrence Vevel and Kurt Olson in their book "The Gathering Peasants' Revolt In American Legal Education", schools – driven to meet accreditation standards on professors and campus size – have been forced to drive up the cost of education for their students by being compelled to hire more staff and construct more buildings.

Others have said that these high tuition costs keep low-income students out. Further, law school admission test standards limit the enrollment of minority students. But diversity requirements at law schools have also come under fire.

Law school deans claim that the requirements stifle innovation at some law schools, including individual institutions’ ability to offer weekend programs for non-traditional students. Rather than risk sanctions at the hands of an angry god, lower-ranked schools have begrudgingly complied with ABA standards. David Van Zandt for the American Law Deans Association said the ABA “enforces a ‘one-size-fits-all’ model of legal education”.

And the National Advisory Committee on Institutional Quality and Integrity, which advises the U.S. Secretary of Education on accreditation matters, in 2007 found that the ABA was not in compliance with some criteria required for their recognition as an accrediting body. These included outlining, in specific terms, standards for a school’s bar passage rate and including both law school educators and legal practitioners in the accreditation committee.

The complaints above are only the tip of the iceberg, and it will take some time before we see any changes. Like The Shark pointed out yesterday, the last accreditation standards review process took three years, from 2003 to 2006. That means I’ll be out of school by the time this latest review is over.

But it sounds like the ABA is going to need all the time it can get.

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