To Site Visit or Not to Site Visit

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To Site Visit or Not to Site Visit? That is the Question Externships 8

To Site Visit or Not to Site Visit? That is the Question Externships 8 Conference Concurrent Session March 5, 2016 D’lorah L. Hughes, Wayne State University Law School Ashley E. Lowe, Wayne State University Law School Beth Schwartz, Fordham University School of Law

Introductions Ø Name Ø Law School & Its Location Ø Brief Program Description

Introductions Ø Name Ø Law School & Its Location Ø Brief Program Description

Program Objective Begin a discussion to determine if we can create a best practice

Program Objective Begin a discussion to determine if we can create a best practice standard for field placement evaluation for multiple program types. This best practice standard will not only assist clinicians in the administration of their programs but will allow externship clinicians to advocate for the resources they need.

Our Approach Examine Trends: • Are site visits required or recommended? • How frequently

Our Approach Examine Trends: • Are site visits required or recommended? • How frequently are sites visited? Consider: • Factors that influence whether a school chooses to conduct site visits. • What “regular contact” between faculty member and site supervisor should consist of.

ABA Accreditation Standard 305(e) for Field Placements from 2000 to 2014 2000 - 2005

ABA Accreditation Standard 305(e) for Field Placements from 2000 to 2014 2000 - 2005 Standards: Periodic on-site visits preferred (for all placements); if program awarded more than six credits, on-site visits required in each term program offered. 2006 -2014 Standards: Periodic on-site visits or their equivalent by a faculty member if program awarded four or more credits in any academic term, or if on-site visits or their equivalent “otherwise necessary and appropriate. ”

ABA Accreditation Standards, cont’d Current 2014 -15 Standards 305(e)(5) For field placements that award

ABA Accreditation Standards, cont’d Current 2014 -15 Standards 305(e)(5) For field placements that award three or more credit hours, regular contact between the faculty supervisor or law school administrator and the site supervisor to assure the quality of the student educational experience…. Interpretation 305 -1 Regular contact may be achieved through in-person visits or other methods of communication that will assure the quality of the student educational experience. Proposed Standard 304(c): (iv) a method for selecting, training, evaluating and communicating with site supervisors, including regular contact between the faculty and site supervisors through inperson visits or other methods of communication that will assure the quality of the student educational experience….

Data from The Center for the Study of Applied Legal Education (CSALE) 2007 -08,

Data from The Center for the Study of Applied Legal Education (CSALE) 2007 -08, 2010 -11 and 2013 -14 Surveys http: //www. csale. org/index. html

Number and Types of Field Placement Courses As % of All Field Placements Substantive

Number and Types of Field Placement Courses As % of All Field Placements Substantive Focus of Field Placement Judicial Other Government Placements Public Interest Organizations Criminal Prosecution Civil & Criminal Litigation/General Litigation Criminal Defense Legislative Civil Litigation Environmental Administrative Law Appellate Family Law 2010 -11 8. 6 5. 2 6. 3 6. 0 7. 5 5. 3 6. 0 2. 3 3. 2 2. 7 2. 5 2. 7 2. 1 2013 -14 12. 5 9. 9 8. 2 7. 3 7. 0 6. 5 5. 9 3. 3 2. 6 2. 5 2. 3 2. 1

Number and Types of Field Placement Courses, cont’d Substantive Focus of Field Placement As

Number and Types of Field Placement Courses, cont’d Substantive Focus of Field Placement As % of All Field Placements 2010 -11 2013 -14 Health Law 2. 9 2. 0 Immigration 2. 3 1. 9 Transactional (domestic) 2. 0 1. 9 Bankruptcy 2. 1 1. 8 Children & the Law 2. 9 1. 8 Tax 1. 9 1. 6 Civil Rights 2. 0 1. 5 Intellectual Property 1. 8 1. 5 Domestic Violence 2. 3 1. 4 International Transactions 1. 0 1. 4 Mediation/ADR 2. 1 1. 3 Human Rights 2. 0 1. 1

Number and Types of Field Placement Courses, cont’d Substantive Focus of Field Placement Housing

Number and Types of Field Placement Courses, cont’d Substantive Focus of Field Placement Housing Consumer Law Community/Economic Development Death Penalty Employment Law Disability Law Asylum/Refugee Elder Law Constitutional Law Indian Law Prisoner’s Rights Securities Wills/Trusts/Estates As % of All Field Placements 2010 -11 2013 -14 1. 0 1. 5 0. 9 1. 3 0. 9 1. 0 0. 9 2. 4 0. 9 1. 1 0. 8 1. 0 0. 6 1. 2 0. 6 0. 7 0. 5 0. 4 0. 7 0. 4 1. 1 0. 4 1. 0 0. 4

Remote or “Distant” Field Placements Nearly 65% of respondent schools permit remote or “distant”

Remote or “Distant” Field Placements Nearly 65% of respondent schools permit remote or “distant” field placements. Over 80% of these placements include a classroom component.

Major Challenges to Field Placement Courses Challenges 2010 -11 2013 -14 Insufficient Number of

Major Challenges to Field Placement Courses Challenges 2010 -11 2013 -14 Insufficient Number of Clinical Faculty 51. 8% 37. 4% Lack of Administrative/Secretarial Support 28. 8% 35. 8% Lack of Hard Money 7. 8% 22. 6% Lack of Support Among Doctrinal Faculty 14. 3% 13. 9% Lack of Physical/Office Space 12. 9% 12. 4% Lack of Support from the Administration 8. 0% 9. 5% Lack of Student Demand 4. 3% 2010 -11 10. 2%

Who’s in Charge? Field Placement Programs Job Description Tenured Tenure Track Clinical Tenured Clinical

Who’s in Charge? Field Placement Programs Job Description Tenured Tenure Track Clinical Tenured Clinical Tenure Track 6 Year (or more) Contract 5 Year Contract 4 Year Contract 3 Year Contract 2 Year Contract 1 Year Contract Adjunct Fellow Non-Adjunct At Will Employee Other 2010 -11 26. 9 4. 0 2. 7 0 0. 7 10. 7 0 7. 4 1. 3 16. 1 20. 8 0. 7 3. 4 5. 4 Percentage Reporting 2013 -14 25. 8 1. 3 0. 6 1. 9 3. 1 13. 2 0 7. 5 3. 1 18. 9 14. 5 0 1. 9 8. 2

Evaluating Field Placements Methods of Evaluating 2010 -11 2013 -14 Student Evaluation of Placement

Evaluating Field Placements Methods of Evaluating 2010 -11 2013 -14 Student Evaluation of Placement Office and Supervisor 74. 6% 81. 8% E-mail Communication with Field Supervisors - 78. 8% Field Supervisor Evaluation of Students 65. 5% 74. 1% Telephone Calls with Field Supervisor - 67. 6% Site Visits 49. 1% 59. 4% Remote Video Connection w/ Field Supervisors - 11. 2%

Frequency of On-Site Visits Frequency of Site Visits 2007 -08 2010 -11 2013 -14

Frequency of On-Site Visits Frequency of Site Visits 2007 -08 2010 -11 2013 -14 % Completing Onsite Visits 60. 4% 58. 5% 77. 8% Biennially 28. 3% 24. 4% 43. 6% Annually 30. 0% 42. 9 25. 5% Every Term 36. 7% 24. 4% 24. 5% More than Once a Term 5. 0% 7. 3% 6. 4%

Guidance Best Practices 2007 The school should ensure that the placement sites provide acceptable

Guidance Best Practices 2007 The school should ensure that the placement sites provide acceptable space, word processing equipment, and supplies to enable students to accomplish their assignments. In large externship programs, administrative support should be provided to assist the faculty in recruiting, monitoring, and communicating with field supervisors, keeping track of whether students are meeting their obligations, and providing other support as needed. Beyond Best Practices 2015 Monitor student work and supervision in field placement through a combination of site visits, student and supervisor evaluation tools, periodic phone or email check-in with supervisors, and/or careful review of student timesheets and journals.

Question for discussion What factors matter in determining how you evaluate field placements?

Question for discussion What factors matter in determining how you evaluate field placements?

Small Group Breakouts If resources were not an issue, how would you choose to

Small Group Breakouts If resources were not an issue, how would you choose to evaluate field placement to assure the quality of the student educational experience? Ø Identify best practices for each of these categories: Part-Time Placements Full-Time Placements Distant Placements (Domestic) Distant Placements (International)

Next Steps? Involve CLEA and/or AALS Externship Committee Continue discussion on Externship listserv Setup

Next Steps? Involve CLEA and/or AALS Externship Committee Continue discussion on Externship listserv Setup follow-up call discussions Set aside a time at AALS Clinical Conference