N.Y. Comp. Codes R. & Regs. tit. 22 § 520.3

Current through Register Vol. 46, No. 16, April 17, 2024

Section 520.3 - Study of Law in Law School

(a)General.

An applicant may qualify to take the New York State bar examination by submitting to the New York State Board of Law Examiners satisfactory proof that:

(1) the applicant attended and was graduated with a first degree in law from an approved law school;

(2) the applicant attended and successfully completed the prescribed course of instruction required for a first degree in law at an approved law school, but has not been awarded the degree as of the date proof of eligibility to sit for the bar examination is required to be filed with the State Board of Law Examiners. The State Board of Law Examiners shall not certify the applicant for admission to the bar pursuant to section 520.7(a) of this Part until the applicant has presented satisfactory proof that the applicant has been awarded a first degree in law; or

(3) the applicant satisfies the requirements of section 520.17 of this Part.

(b)Approved law school defined.

For purposes of this Part, an approved law school is one:

(1) that is approved by the American Bar Association at all times during the period of the applicant's attendance; and

(2) that is located in the United States or its territories.

(c)Instructional requirements.

(1) The law school shall require for its first degree in law the successful completion of a program that meets each of the following requirements:

(i) a minimum of 83 credit hours must be required for graduation, including substantial instruction in substantive and procedural law and professional skills;

(ii) a minimum of 64 of the required 83 credit hours must be earned by attendance in regularly scheduled classroom courses at the law school; and

(iii) a minimum of two credit hours must be earned in a course or courses in professional responsibility.

(2) Clinical courses. Credit may be granted toward the 83 credit hours required for graduation for law school clinical courses. Such credit may be counted toward the 64 classroom credit hours required by subparagraph (1)(ii) of this subdivision, provided:

(i) the course includes adequate classroom meetings or seminars during the same semester in which the clinical work is completed in order to ensure contemporaneous discussion, review and evaluation of the clinical experience;

(ii) the clinical work is conducted under the direct supervision of a member of the law school faculty; and

(iii) the time and effort required and anticipated educational benefit are commensurate with the credit awarded.

(3) Field placement programs or externships. Credit may be granted toward the 83 credit hours required for graduation for field placement programs or externships but such credit may not be counted toward the 64 classroom hours required by subparagraph (1)(ii) of this subdivision, except that credit separately awarded for the classroom instructional component of a field placement program or externship taught by a member of the law school faculty may be counted toward the 64 classroom credit hour requirement.

(4) There shall be no limit on the total number of credit hours granted for law school clinical courses, field placement programs, externships and other experiential learning courses.

(5) Joint degree or other courses taught outside the law school. The law school may grant credit for up to 12 of the 83 credit hours required for graduation for courses taught by members of the faculty of any university or college with which the law school is affiliated or offers a joint degree program, or with which the law school has an agreement which allows courses to be taken at such university or college for credit at the law school. Credit granted for such courses may not be counted toward the 64 classroom credit hours required by subparagraph (1)(ii) of this subdivision.

(6) Distance education. Distance education is an educational process in which more than one-third of the course instruction is characterized by the separation, in time or place, or both, between instructor and student, and the instruction involves the use of technology to support regular and substantive interaction among students and between students and the faculty member, either synchronously or asynchronously.

(i) Up to 15 credit hours for distance education courses may be counted toward both the 83 credit hours required for graduation and the 64 classroom credit hours required by subparagraph (1)(ii) of this subdivision, provided that:

(a) there is opportunity for regular and substantive interaction between the faculty member and student and among students; and

(b) there is regular monitoring of student effort and accomplishment by the faculty member as the course progresses, and the opportunity for communication regarding the student's work.

(ii) No credit shall be allowed for correspondence courses.

(iii) No credit shall be allowed for distance education courses until the student has completed the equivalent of 28 credit hours toward the first degree in law.

(7) The law school certificate of attendance filed with the State Board of Law Examiners must list separately the credit awarded for:

(i) professional responsibility courses under subparagraph (c)(1)(iii) of this section;

(ii) clinical courses under paragraph (2) of this subdivision;

(iii) field placement programs and externships under paragraph (3) of this subdivision and, if credit is separately awarded for a classroom instructional component of such a program taught by a member of the law school faculty, such credit shall be separately listed;

(iv) joint degree or other courses taught outside the law school under paragraph (5) of this subdivision; and

(v) distance education courses under paragraph (6) of this subdivision.

(d)Course of study.

Except for credit awarded for law study in a foreign country as provided in subdivision (e) of this section, an approved law school shall meet the following requirements:

(1) a minimum of 700 minutes of instruction time, exclusive of examination time, must be required for the granting of one credit hour;

(2) an approved law school shall require that the program and course of study leading to a first degree in law be completed no earlier than 24 months and no later than 60 months after a student has commenced law study at the law school or a law school from which the school has accepted transfer credit. Where credit is granted to a student who has completed law study in a foreign country, only the time commensurate with the amount of credit granted shall be counted toward the length of study requirement of this paragraph.

(e)Credit for law study in foreign country.

An approved law school may, in its discretion, grant such credit as it may deem appropriate toward the total credits required for a first degree in law, but not exceeding one-third of the total credits required for the degree, to an applicant who has studied law in a law school in a foreign country. No credit shall be allowed for law study in a foreign country that was undertaken through distance education as defined in paragraph (c)(6) of this section, nor shall any credit be allowed for correspondence courses.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 520.3

Amended, New York State Register December 10, 2014/Volume XXXVI, Issue 49, eff.12/10/2014

Amended New York State Register December 30, 2015/Volume XXXVII, Issue 52, eff.12/30/2015