MEMORANDUM 98-35

August 13, 1998

The process for member schools to report to the AALS Executive Committee before implementing a significant change in operation is outlined in Executive Committee Regulation 11.5. The Membership Review and Executive Committees have been reviewing this process.

At its July meeting, the Executive Committee revised Executive Committee Regulation 11.5 (a), (b) and (c). The revisions: (1) delete the requirement that a school report to the Executive Committee when it creates a post-J.D. degree program; (2) allow schools to report to the Executive Committee immediately after (instead of before) certain significant changes in operation; and (3) clarify that a school retains membership during AALS review of its change of operation. Attached is the full text of the revised Executive Committee Regulation 11.5 with the deletions and additions highlighted.

In accordance with Bylaw 5-4, unless objection is received from at least ten member schools within 60 days of mailing this memorandum, Executive Committee Regulation 11.5 (a) (b) and (c) as amended will continue in effect. If your school objects to any of the new regulations, the objection should state the specific letter of the regulation to which you are objecting and the reasons for your objection.

Attachment [See below.]

Executive Committee Regulation 11.5 Change of Operation of a School.

a. A member school which contemplates a significant change in its operation shall report its plans and undergo review as specified below. A significant change in operation means a major programmatic, locational, or institutional change, including but not limited to the following: creation of a new full- or part-time first degree program; creation of a program leading to a degree beyond the first degree in law; creation of a new division; establishment of a branch at a new location; relocation of the school's principal campus to a new and substantially different site; the transfer in whole or part of the school and its program to a new entity; merger with a university or education entity which had not previously been affiliated with the school; creation of or affiliation with a related or subsidiary educational entity for the purpose of providing legal education; change in governance structure; and closure of a school or a related or subsidiary education entity.

b. A member school shall report fully to the Executive Committee and allow for Executive Committee review before implementing a significant change in operation. The school's report shall address its present fulfillment of the Association's requirements and declared policies; the school's objectives in making the proposed change; the character of the change; the effects of the change on the school's existing program and operations; and the school's anticipated ability to comply with membership requirements in connection with its implementation of the proposed change and the school's future operations. However, in the case of a (1) transfer in whole or part of the school and its program to a new entity, (2) merger, (3) affiliation with a university or education entity that had not previously been connected with the school, or (4) change in the governance structure of a law school, the member school may, if circumstances justify delay, notify and report to the Executive Committee immediately after the transfer, merger, affiliation, or change in governance structure has occurred. When the school's circumstances justify delay reporting to the Executive Committee, the report should also identify and explain those circumstances.

c. The Executive Committee shall review the report of the member school to determine whether the school is in compliance with the requirements of membership, and whether it appears that the school will continue to be so with regard to all facets of its operation after the change is made. The Executive Committee may reach a decision on these questions or may defer a final determination pending receipt of additional information concerning the school's initial experience in implementing the change. The Executive Committee may require an inspection of the school at the school's expense to assist it in making this determination. If the Executive Committee requires such an inspection of a member school that has completed a transfer, merger, affiliation, or change in governance structure, the member school's membership in the Association will be continued contingent on the school's remaining in compliance with the Association's membership requirements.

d. If, in the course of its review, the Executive Committee concludes that the proposed change involves a sufficient modification of the school so as to warrant separate consideration of the change for membership review purposes, it may advise the school that additional review under Chapter 9 of these regulations will be required before a final determination can be made concerning the membership status of the school or certain of its affiliated programs. In making this determination, the Executive Committee shall consider such elements as existing arrangements and anticipated changes in the character of the school's educational programs; student recruitment and enrollment patterns; faculty hiring, teaching assignments and participation in governance; relationships between the dean, faculty, other administrators, staff and students; arrangements for provision of educational, library and student services; and financial and institutional relationships between the school and related entities.

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