Arizona Summit Law School in talks with ASU to take students if school loses accreditation Arizona Summit officials are laying the groundwork to ensure students finish up at an ABA-accredited law school if the private school has to close.

Anne Ryman | The Republic | azcentral.com

Arizona Summit Law School officials are in talks with Arizona State University to let their students complete their education at the state university if the private school loses its accreditation.

School officials said they filed an appeal July 18 with the American Bar Association after the national accrediting body for law schools notified Arizona Summit in June of plans to revoke the school's accreditation.

If the appeal fails and the school closes, they said they are laying the groundwork to ensure students finish at an ABA-accredited law school.

"We’ve had some very productive meetings" with ASU, said the school's interim dean, Penny Willrich.

She spoke during a meeting Thursday to provide an update on the school's status to the Arizona State Board for Private Postsecondary Education, the licensing body for for-profit schools.

RELATED: Arizona Summit Law School to lose accreditation

The school's new president, Peter Goplerud, told the board it's possible Arizona Summit and ASU can reach an agreement, in principle or on paper, within a week to 10 days.

"Our first and foremost concern is the students," he said, "and making sure each and every one of them has a pathway to graduate and take the Bar exam."

In a statement, ASU's Sandra Day O'Connor College of Law said school officials have been approached to help the law school potentially assist in a teach-out plan.

"The proposed teach out plan will help students finish their credit hours to graduate and complete their degree at Arizona Summit. We are currently in discussions but nothing has been finalized."

RELATED: What went wrong at Arizona Summit Law School?

Arizona Summit officials told the state licensing board they expect to know by mid-October the outcome of the appeal. If the school loses its accreditation, Arizona Summit is required by the ABA to have a "teach-out plan" for the existing students so they can graduate from an accredited law school.

Arizona Summit Law School Arizona Summit Law School went from having the state's highest bar passage rate to the lowest.

Accreditation crucial to stay open

ABA accreditation is crucial for the school to stay open. Graduating from an ABA-accredited law school is a requirement to take the Bar exam in many states, including Arizona. Most states require graduates to pass the Bar exam to become practicing attorneys.

Arizona Summit has been on probation with the ABA since March 2017, and the ABA says Arizona Summit is still out of compliance with ABA standards for program rigor and academic support.

Enrollment has dwindled to about 100 students. School officials expect 30 to 40 students will transfer to other law schools this fall because of the uncertainty surrounding accreditation.

RELATED: AZ law school has lowest Bar-exam passage rates

Formerly known as the Phoenix School of Law, the school has been in existence since 2004. The school, and two others in Florida and North Carolina, were founded by law school professor Don Lively and a group of investors with the goal of diversifying the legal profession, which is one of the least diverse professions.

The school had good results in its early years. Graduates posted a 97 percent passage rate on the Arizona Bar Exam in July 2008, the highest among the state's three law schools.

The percentage of minority students who enrolled also increased in keeping with the school's mission. The most recent statistics show a 41 percent diverse student body, the highest of the three law schools in Arizona.

RELATED: He's failed Bar exam six times and keeps trying

But the school has struggled in recent years after accepting too many students with lower academic credentials. As a result, fewer students pass the Bar exam on the first try.

Only 31 percent of Arizona Summit graduates passed the Arizona Bar Exam on the first try, according to the most recent results. And only 14 percent of repeat test takers passed, or 11 of 81 graduates who took the test in February.

'A very sore loss to the community'

The school's interim dean became emotional during Thursday's board meeting when a board member asked her how people at the school were holding up.

"Everyone at the school is very sad," said Willrich, who has been with the school for 14 years. "And it’s going to be a very sore loss to the community if the ABA pulls our accreditation."

She called the ABA's action "senseless."

"It really does not give any credit to the diversity we have brought to the legal profession," she said, her voice breaking as she spoke.

RELATED: Arizona Summit sues American Bar Association

Arizona Summit and two other law schools recently sued the ABA in federal court, alleging the ABA applies its standards "arbitrarily," including giving a pass to other schools with lower outcomes.

The lawsuit asks the court to prevent the ABA from taking actions that would jeopardize Arizona Summit's accreditation while the lawsuit is pending.

Barry Currier, managing director of ABA Accreditation and Legal Education, said in a statement that while ABA does not comment on pending litigation, "it is important to note that the ABA accreditation process provides meaningful opportunities for every law school to establish that it is operating in compliance with the accreditation standards. The vast majority of schools regularly do so."

RELATED: Private Phoenix law school faces more trouble

The statement said law schools are afforded "several opportunities" to demonstrate they are in compliance with ABA standards and when the ABA determines that has happened, the school is returned to good standing.

"Courts have regularly upheld the ABA’s law school accreditation process. We will continue to follow our established procedures and expect to be successful in any future litigation challenging the actions of the Council."

RELATED: Phoenix law school slips again on state Bar exam

About Arizona Summit Law School

Arizona Summit is one of three law schools in the state, along with Arizona State University and University of Arizona. It is the only private law school in the state.

Location: Central Avenue and Washington Street, downtown Phoenix.

Enrollment: About 100.

Owner: InfiLaw, a privately held, for-profit company in Naples, Florida.

Bar-passage rates: First-time test takers: 31 percent. Arizona State University is 63 percent. University of Arizona is 64 percent. The state average is 58 percent.

Average GPA of incoming students: 2.81. ASU is 3.75. UA is 3.63.

Median LSAT score of students (on a scale of 180): 148. ASU is 162. UA is 161.

Minority-student percentage: 41 percent. ASU is 26 percent. UA is 33 percent.

Tuition and fees: $45,354 for full time; $36,692 for part time.

Sources: Arizona Supreme Court February 2018 Arizona Bar Exam results; Standard 509 Information Report 2017, American Bar Association.

Reach the reporter at 602-444-8072 or anne.ryman@arizonarepublic.com.