How could the DOJ's antitrust threat affect the Department of Education's accreditation review?
DOJ antitrust threat could force ABA council changes, complicating Department of Education review The Department of Education is currently overseeing the ABA Section of Legal Education and Admissions to the Bar's five-year recertification process. The Justice Department has threatened an antitrust investigation against the council if it does not change its standards limiting adjunct professors' involvement in teaching law. If the council is forced to alter its standards to comply with the DOJ, these changes will directly influence the criteria the Department of Education uses to assess the council's compliance and its status as the sole national accreditor of law schools.
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How it reaches Department of Education
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The U.S. Department of Justice threatened an antitrust investigation against the ABA Section of Legal Education and Admissions to the Bar over accreditation standards that limit the involvement of adjunct professors. This threat followed an October 7 letter signed by Associate Attorney General Stanley E. Woodward Jr. The letter argued that current limits could not be explained by differences in instruction quality and that adjuncts often possess more practical experience while being paid less than full-time faculty, which helps keep tuition costs down. The council was given 15 days to change the standards or explain why the rule does not violate antitrust laws.
The full event1independent outlet -
The ABA council has been given 15 days to change the standards or explain why the rule does not violate antitrust laws. Since the Department of Education is conducting the council's standard five-year recertification process, any mandated changes to the council's operational standards will directly affect the compliance review being conducted by the Department of Education.
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The facts so far
As reported. Each one links to where it comes from.
- The Department of Justice threatened an antitrust investigation of the ABA Legal Ed council over accreditation standards.abajournal.com
- The ABA council is in the midst of its standard five-year recertification process by the U.S. Department of Education.abajournal.com
- In August, the Department of Education issued a final staff report finding the council didn’t meet 26 of the committee’s criteria.abajournal.com
- A decision regarding the council’s status as the sole national accreditor of law schools is expected by year’s end.abajournal.com
Why it matters
The accreditation status of law schools is critical because law schools need accreditation by a nationally recognized body for their students to receive financial aid, and most states require bar candidates to have graduated from an ABA-accredited school.
This situation adds a layer of external regulatory pressure to an already complex review. The Department of Education is already evaluating the council's performance, having found it missed 26 of the committee’s criteria. The DOJ's involvement forces the council to potentially overhaul its core operational rules, which could either strengthen the standards or introduce instability into the accreditation process.
What we don't know yet
- Will the ABA council successfully negotiate a change to its standards that satisfies both the DOJ and the Department of Education?
- How will the Department of Education weigh the council's compliance with antitrust law against its compliance with the committee's criteria?
What would change this answer
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Reporting
- abajournal.comOct 15
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