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YES WE CAN, PASS THE BAR. 13uated from UDC-DCSL within five years and who sat for a bar exam had passedthe bar. However, this was not always the case.The ABA accreditation standard mandates that "a law school shall maintainan educational program that prepares its students for admission to the bar andeffective and reasonable participation in the legal profession.,,22 This is the governingrule for the ABA's evaluation of a law school's academic program andcontrols applications for accreditation. An ABA interpretation expands the standardby stating that among factors to be considered "are the rigors of its academicprogram, including assessment of student performance, and the barpassage rate of its graduates.,,23In 2003, the ABA, following a Site Inspection Report and review by the AccreditationCommittee and the Section of the Council on Legal Education,granted UDC-DCSL a two-year extension to achieve full accreditation, based onits low bar pass rate. 24 The Council of the Section on Legal Education did notaccept the Accreditation Committee's recommendation for full accreditation forthe Law Schoo1. 25 The Council concluded that "in light of the School's very lowfirst time bar passage rate, the School has not yet demonstrated that it is in fullcompliance with Standard 301, in that the School has not yet established that itmaintains an educational program that prepares its graduates for admission tothe bar.,,26 The Council was mindful of many factors affecting bar passage, suchas declining enrollment, transfer of students, and the financial instability of theUniversity and the District of Columbia during the 1990s, all of which affectedthe Law School's ability to admit and retain qualified students. 27Subsequent to the action by the ABA in 2003, the School of Law intensified itsbar skills program in response to the ABA concerns. 28 "For the graduating classof 2004, the BPTF revamped the School of Law's bar skills enhancement proyears,75% of the students graduating in those years and sitting for the bar have passed a bar examination.In demonstrating compliance the school must report bar passage results from as many jurisdictionsas are necessary for at least 70% of its graduates.22 Id. Standard, 301(a). Among the factors to consider in assessing compliance with standard501(b) ("[a] law school shall not admit applicants who do not appear capable of satisfactorily completingits educational program and being admitted to the bar [J") are the academic attrition rate of thelaw school's students, the bar passage rate of its graduates, and the effectiveness of the law school'sacademic support program.23 [d.24 In 1998, the School of Law received provisional accreditation by the ABA. It sought fullaccreditation in 2003 under the five year limit. In 2002, the School adopted a "Reliable Plan" to bringit within compliance of the ABA standards. This program included, among many other things, achange in admission standards and efforts at retention and recruitment policies, increasing financialresources, and adequate facilities (including the library).25 See ABA Action Letter June 16,2003.26 Id. at 2-3.27 Id.28 UDC-DCSL. Self Study, Report for Limited ABA Site Visit (2004).
14 UNIVERSITY OF 'IlIE DISTRICT OF COLUMBIA LAW REVIEWgram, making it more rigorous and incorporating doctrinal review with the skillsprogram.,,29 For the first time, the Admissions Committee selected students forthe class of 2004 who had a mean LSAT of 148 and a mean GPA of 2.8. 30 Thefaculty and administration believed the steady increase in statistical profiles ofthe entering class would lead to higher bar passage rates for the 2004 class andbeyond. 31In 2005, the ABA granted the School of Law full accreditation. 32 This achievementculminated a decade long effort to achieve full accreditation and compliancewith the ABA standards, in particular efforts to improve the School ofLaw's bar passage rate.In October 2008, the ABA held its first conference on Outcome Measures toImprove Bar Passage in Chicago, Illinois. Well over 100 law schools were presentat the conference. UDC-DCSL's Dean, Katherine S. ("Shelley") Broderick, addresseda panel session where she discussed the historical efforts of the School ofLaw to improve its bar passage rates. Many of the schools had adopted similarbar preparation programs in response to a relaxing of ABA rules. The ABA'snew interpretation of Standard 302 permitted law schools to grant credit for barpreparation programs. 33 Concerned with the declining bar passage of its students,law schools across the country expanded efforts to increase bar passagerates. 34At UDC-DCSL, the Bar Passage Task Force instituted a series of discussionsfollowing the ABA change in rules and immediately instituted a for-credit 14-week essay writing class in place of its then existing bar skills workshops.35B. History of UDC-DCSL's Efforts to Improve its Bar Passage RateMission of the Law School:29 [d. at 29.30 [d. The class admitted in 2003 was the first with an LSAT floor of 144.31 [d. at 41.32 ABA House of Delegates. Resolution No. 300B (2005).33 Although abandoned in August 2008, in 2004-05, Standard 302 was completely revised andInterpretation 302-7 was added to the Standards. The subject matter of Interpretation 302-7 waspreviously covered in Standard 302(f), which was deleted in the 2004-05 revisions. Standard 302(f)stated that "[a] law school may offer a bar examination preparation course, but may not grant creditfor the course or require it as a condition for graduation." Interpretation 302-7 revised the rule topermit a school to grant academic credit for a bar preparation course, but did not permit such creditto be counted toward the minimum classroom instruction required for graduation under Standard304. The Interpretation continued the current prohibition against requiring successful completion of abar preparation course as a condition of graduation. See American Bar Association, Section of LegalEducation and Admissions to the Bar, Rept. to the House of Delegates. Interpretation 302-7 (Aug.2008) available at http://search.abanet.orglsearch/302-7 (last visited Nov. 22, 2010).34 Denise Riebe, A Bar Review for Law School: Getting Students on Board to Pass Their BarExams,45 BRANDEIS L.J. 269, 270 (2006).35 See infra Part VI.
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