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June, 1994 Amended June,
1996 Amended August, 1996 Amended December, 1999
I. The Program A. The dean and faculty of the sponsoring law school
shall assume full responsibility for formulating and administering the foreign
summer program.
B. The academic content of the summer program must be
approved by the faculty of the sponsoring school in the same manner as the
curriculum of the sponsoring school’s on-campus program.
C. The academic
content of the summer program must meet the same standards, including evaluation
of student performance, as the on-campus program of the sponsoring
school.
D. A substantial portion of the academic program must be related
to the socio-legal environment of the host country or have an international or
comparative focus.
E. The number of students enrolled in the program
shall not exceed the number appropriate to the academic content of the program,
available facilities, the number and availability of faculty members, the
administrative support structure, and any special educational program
goals.
F. Except as modified by these Criteria or by necessary
implication, the ABA Standards for the Approval of Law Schools and adopted
Interpretations thereof, Council and Accreditation Committee Policies, and Rules
of Procedure shall apply to foreign summer programs.
II. Faculty and Staff A. Program Director
1. The sponsoring law school must provide a director
who will be present on site for the duration of the program.
2. Either
the director or a member of the full-time faculty shall hold an academic
appointment from the sponsoring law school.
3. The director may not
participate concurrently in another program.
4. The director or other
responsible member of the program faculty or staff shall have had some
experience with the same or a similar program or possess a background that is an
adequate substitute for such experience.
B. Faculty
1. There shall be at least one faculty member
assigned to full-time duties with the program. This may be the same person as
the director.
2. Faculty members shall possess academic credentials
equivalent to those of the faculty at the sponsoring law school and shall be
appointed with the approval of the faculty at the sponsoring school.
3.
Full-time and adjunct faculty teaching in the program should be fluent in
English, and all course components must achieve full communication between
students and faculty.
C. At least one member of the full-time faculty or
on-site staff must:
1. Be fluent in both English and the language of the
host country, and
2. Be familiar with the country in which the program is
offered.
III. Educational Program A. Length of program
1. Foreign summer programs must provide adequate time
for class preparation, reflection and intellectual maturation similar to that
provided in the regular semester.
2. The sponsoring school shall not
permit any student to earn more than 1.5 semester credit hours for each week of
the program nor to attend more than 220 class minutes per
day.
B. Credit shall be stated in terms of credit hours
according to the following formula: one semester hour for each 700 minutes of
class time or equivalent or one quarter hour for each 450 minutes of class time
or equivalent.
C. When instruction is offered in a foreign language with
an English translation, the time expended in class is not commensurate with
class time spent when instruction is in English. For purposes of calculating
required class minutes, classes in which a translation is needed may not count
more than fifty (50) percent of actual class time expended.
D. Special
requirements for awards of credit:
1. Class-hour credit may be awarded for
extra-curricular lectures and field trips only when the content is academic in
nature and related to the class for which the credit is awarded.
2. If
credit is given for externship placements (e.g., in a law firm, government
office, or corporation), then faculty supervision must be individualized and
integrated with classroom work to ensure that the credit allowed is commensurate
with the educational benefit to the participating student. Additionally, the
program must meet the other requirements of Standard 305(d) and Interpretations
thereof.
E. The sponsoring school determines whether specific
prerequisites are required for enrollment in certain courses.
F. Maximum
Credit for Foreign Study
1. Although a student in an ABA-approved law school
may be permitted to take courses in foreign segment programs during the course
of study toward the J.D. degree, the total credits in foreign segments shall not
exceed one-third of the credits required for the J.D. degree at the school in
which the student is regularly enrolled.
2. Granting of residency credit
shall comply with the requirements of Standard 304.
G. The program shall include visits to legal
institutions in the host country.
H. If course materials, including all
case, statutory, and text materials needed for full understanding of the course
and completion of assignments, are not self-contained, then adequate library
resources must be available.
IV.
Students A. The sponsoring school
determines the academic criteria for admission to the program.
B. Only
students who have completed one year of full- or part-time law study, and who
are in good standing at an ABA-approved or state accredited law school, and
whose admission is consistent with Standard 501 may enroll in law study for
credit in a foreign summer program under these Criteria. Nothing in this
Criterion requires a law school to admit such students; that determination
remains in the discretion of a law school.
C. Students from schools other
than the sponsoring school must furnish a letter from their dean or registrar
certifying their current good standing.
V. Physical Facilities A. The
program must have a staffed administrative office or other mechanism in a place
that is convenient to students and through which they may communicate
effectively with staff and faculty in a timely manner.
B. Faculty members
should be provided with appropriate work space.
C. Classrooms must
provide adequate seating with writing surfaces for students, sufficient
lighting, and adequate soundproofing.
D. Equipment necessary for the
teaching of scheduled courses and administration of the program must be
provided.
E. If course work depends upon library facilities, then those
facilities must be convenient and accessible to students during normal working
hours.
F. Adequate facilities for studying must be available to students.
G. Housing
1. If housing made available by the program is
significantly lower in quality, soundproofing, sanitation, or safety than
housing normally used by law students in the U.S., the housing must be described
and information must be provided regarding the cost of better quality housing in
the same area.
2. If the program does not provide housing, information on
the availability, approximate cost, and location of housing must be
provided.
VI. Cancellation or Termination of
Programs A. If a program is subject
to cancellation for insufficient enrollment or any other reason, the
circumstances under which cancellation will occur must be disclosed in the
application materials sent to prospective students.
B. The following
conditions must be met:
1. For cancellation that occurs after a deposit has
been paid, the program director must use his or her best efforts to make
arrangements for each student enrolled to attend a similar program, if the
student so desires.
2. If the program is canceled, all money advanced by
the student shall be refunded within twenty (20) days after the date of
cancellation.
C. State Department Advisories
1. Consular Information Sheets
a. As part of the registration materials for the
program, the school shall supply the U.S.
State Department Consular Information Sheet for the country(ies) in which
the program will be conducted; “Areas of Instability” must be included. If the
Consular Information Sheet is revised during a program to announce an “Area of
Instability” in the region in which the program is being conducted, the updated
information must be distributed promptly to students.
b. If the program
is held in an “Area of Instability,” students must be permitted to withdraw upon
learning that the site has been declared to be such an area. Students shall be
refunded fees paid except for room and board payments utilized prior to the date
the site was declared an “Area of Instability.”
2. Travel Warnings
a. If, prior to the commencement of a program, a U.S. State Department Travel Warning is
issued for the country(ies) in which the program will be conducted, all
registrants must be notified promptly of the warning and be given an opportunity
to withdraw from the program. Students who withdraw shall receive a full refund
of all monies advanced within twenty (20) days after withdrawal. In the event of
program is canceled, students shall receive a full refund of all monies advanced
within twenty (20) days after the cancellation.
b. If, during the course
of a program, a U.S. State Department Travel
Warning is issued for the country(ies) in which the program is being
conducted, students must be notified promptly of the warning and given an
opportunity to withdraw from the program. Students who withdraw must be refunded
fees paid except for room and board payments utilized prior to the date of
withdrawal. If the program is terminated, students shall be refunded fees paid
except for room and board payments utilized prior to the date the Travel Warning
is issued.
VII. Disclosures A. The following information must be provided to each
prospective registrant in writing in a timely fashion, usually in the initial
announcement or brochure, but, in any event, prior to the date when the
student’s deposit becomes non-refundable.
1. Dates, location(s), description of the program,
and size of enrollment;
2. The nature of the relationship with the
foreign institution other than the provision of facilities and minimal services;
3. The number of students who participated in the program the previous
year from the sponsoring institution and the number from other schools (if the
program is open to other students);
4. If the program is not limited to
students from U.S. law schools, the countries likely to be represented and the
expected number of students from those countries;
5. Description of each
course and number of credit hours;
6. Schedule of classes with days and
times for each class;
7. Requirements for student performance and grading
method;
8. Enrollment limitations on any courses offered and criteria for
enrollment;
9. A statement that acceptance of any credit or grade for any
course taken in the program, including externships and other clinical offerings,
is subject to determination by the student’s home school;
10. A statement
that it is unlikely that participation in a foreign summer program may be used
to accelerate graduation and that students interested in acceleration consult
their home schools to review this issue in light of Standard 304, Interpretation
304-4;
11. Descriptive biographies of program director and each
teacher;
12. Name, address, telephone, and fax number of an informed
contact person at the sponsoring institution;
13. Complete statement of
all tuition, fees, anticipated living costs, and other expected
expenses;
14. Description and location of classrooms and administrative
offices;
15. The extent to which the country, city, and facilities are
accessible to individuals with disabilities; and
16. Circumstances under
which the program is subject to cancellation, what arrangements will be made in
the event of cancellation, and prior cancellations, if
any.
B. If changes are made in the course offerings or
other significant aspects of the program, those changes must be communicated
promptly to any applicant who has paid a deposit or registered for the program,
and an opportunity must be provided for that person to obtain a full refund of
all monies paid.
VIII. Procedures
for Approval A. Established
Programs
1. Established programs previously reviewed and
approved by the Accreditation Committee will be reevaluated with a site visit
every five years.
2. In the interim, monitoring of the program will be
accomplished by completion of an annual questionnaire.
B. New Programs
1. A school seeking to establish a new program must
submit an application in the form and at the time required by the Consultant’s
Office. The application shall contain the following information regarding the
impact of the program on the sponsoring school:
a. A statement of finances for the proposed program,
including income and expenditures, and an assessment as to the degree to which
funding for the program affects the program of the parent campus;
b. The
current accreditation status of the sponsoring school; and
c. A statement
of how the program relates to the academic program and mission of the sponsoring
school.
2. On the basis of the written submission, the
Accreditation Committee will determine whether to approve the program for its
first year of operation.
3. If the Accreditation Committee grants
approval, the program will be evaluated with a site visit during its first year
of operation. The Accreditation Committee will then determine whether to approve
the program for further operation on the basis of the site evaluation and
written materials submitted by the school.
C. Approval after the first year, if granted, is
effective for five years. If it is determined that a program is no longer
complying with the Criteria, its approval may be withdrawn.
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