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Last Post 01 May 2019 02:19 PM by  Katherine Novak
R-19-0010 Petition to Amend Rule 37(c), Rules of the Supreme Court
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Adam Chodorow
New Member
Posts:2 New Member

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09 Jan 2019 07:59 PM
    Douglas J. Sylvester, Dean
    Sandra Day O’Connor College of Law
    Arizona State University
    111 E. Taylor St.
    Phoenix, AZ 85004
    (480) 965-6188
    [email protected]

    Marc Miller, Dean and Ralph W. Bilby Professor of Law
    James E. Rogers College of Law
    University of Arizona
    1201 E Speedway
    Tucson, AZ 85721
    (520) 621-1498
    [email protected]

    The Sandra Day O'Connor College of Law at Arizona State University and the James E. Rogers College of Law at the University of Arizona petition for a change to Rule 37(c) to permit disclosure to a bar applicant's law school of detailed and applicant-specific information how their graduates have done on each part of the Arizona bar exam. Such information is critical to the ability of law schools to better prepare their students to take and pass the bar exam.

    Would amend Rule 37(c) to permit disclosure to a bar applicant's law school of detailed, applicant-specific information to analyze their graduates' performance on each part of the Arizona bar exam.

    Filed: January 9, 2019

    Comments must be submitted on or before May 1, 2019.

    Replies must be submitted on or before June 1, 2019.

    ORDERED: Petition to Amend Rule 37, Rules of the Supreme Court of Arizona= ADOPTED AS MODIFIED, effective March 1, 2020.
    Attachments
    University of Arizona, James E. Rogers College of Law Student Bar Association
    New Member
    Posts:1 New Member

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    09 Apr 2019 10:10 PM
    Karen Donderewicz, Vice President
    Student Bar Association
    University of Arizona
    James E. Rogers College of Law
    1201 E. Speedway Blvd.
    Tucson, AZ 85721
    (520) 548-7961
    [email protected]

    Pursuant to Rule 28(D), Rules of the Supreme Court, Karen Donderewicz respectfully submits this Comment for the Court’s consideration.

    Reasons Proposed Rule Amendments Should Be Adopted

    On Thursday, March 14, 2019, the Student Bar Association (“SBA”) of the University of Arizona, James E. Rogers College of Law (“College of Law”) unanimously passed a resolution to support the Petition to Amend Rule 37(c), Rules of the Supreme Court. SBA is a constituent-elected student group that represents the interests of all students at the College of Law. SBA supports this petition because it will allow the College of Law to evaluate its curriculum, modify its student learning outcomes, and provide supportive programs and student interventions for bar success. Further, it provides students an opportunity to opt out of releasing data to the school.

    RESPECTFULLY SUBMITTED this 9th day of April, 2019.

    By Karen Lenora Donderewicz, Vice President
    Student Bar Association
    University of Arizona
    James E. Rogers College of Law
    Adam Chodorow
    New Member
    Posts:2 New Member

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    30 Apr 2019 11:01 AM
    April 20, 2019

    Dear Justices,

    As part of our ongoing effort to make data-driven decisions that better prepare our students to succeed on the bar exam and beyond, we submitted R-19-0010 Petition to Amend Rule 37(c), Rules of the Supreme Court, seeking detailed information regarding how our students perform on the Arizona bar exam as a whole and on its component parts. Detailed student-specific information will allow the law schools to identify the students most at risk and design and test interventions that will help increase student success.

    In April, our colleagues were pleased to discuss the proposal with the Attorney Regulation Advisory Committee (ARAC); they also learned of the position to be taken by the Committee on Examinations. We share concerns about data privacy and security and take quite seriously our current responsibilities to safeguard the vast amounts of student data we already have.

    The ARAC voted to support the Petition, with certain provisos, including a requirement that the law schools affirmatively request the data and that the applicants for the bar exam be required to decide whether to share their data with their law schools affirmatively one way or the other (i.e., “forced choice” rather than “opt-out”). One option was to include the “forced choice” on the bar application itself. Mark Wilson reported to the Committee that the Administrative Office of the Court has just revised its interface for registering for the bar exam, using an outside vendor at some expense. He indicated that changing the web interface might present administrative difficulties and could not estimate the time or cost such changes might require.

    To avoid these potential costs and the delay that might arise, the law schools would be happy to collect consent forms (either electronically or hand-signed) from test takers as part of their graduation checkout procedures. We would then provide an electronic list the Administrative Office of the Courts, highlighting those agreeing and refusing to provide their data to the law schools. We would also be happy to provide copies of the waivers or make them available for inspection at the court’s request. We believe that this solution balances student privacy and autonomy interests with the law schools’ bona fide needs for data, while minimizing the administrative burden on the Court.
    In Exhibit A, we offer the proposed text of that consent document. We would suggest that the Rule apply similarly to other law schools, if they seek such data.

    We would be happy if the Court were to substitute this approach with that suggested in our original Petition.

    Respectfully submitted,

    Marc Miller
    520-621-1498
    [email protected]

    and

    Douglas Sylvester
    480-965-6188
    [email protected]


    EXHIBIT A: (PROPOSED TEXT OF STUDENT CONSENT FORM)

    CONSENT TO CONFIDENTIALLY DISCLOSE
    MY BAR EXAM DATA TO MY LAW SCHOOL

    In recognition of my law school’s effort to maximize student success on the bar exam, I consent to the testing authority releasing to my law school my bar exam results, including scores on each subpart of the exam and future exams in any jurisdiction, subject to the following terms. The identified data may be used exclusively for scholarly research and the monitoring and improvement of the school’s educational and student support programs. My identified data may not be sold or otherwise transferred to any party for any other purpose. This consent does not restrict the use of de-identified data. The law school, its employers, and its contractors shall maintain the confidentiality of the data to the same extent as for other data subject to the Family Educational Rights and Privacy Act (FERPA).

    TYPE NAME (e-signature): ___________________________________
    DATE: ________________________

    FOR REFERENCE PURPOSES ONLY:
    The first jurisdiction in which I intend to take the bar exam is: _________________________
    The administration will take place in the following month and year: ________________________

    Katherine Novak
    New Member
    Posts:17 New Member

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    01 May 2019 02:16 PM
    Mark D. Wilson, Director
    Certification and Licensing Division
    Administrative Office of the Courts
    Supreme Court of Arizona
    1501 W. Washington St.
    Phoenix, AZ 85007
    (602)452-3415
    [email protected]

    Please see the attached comment from the Certification and Licensing Division.
    Attachments
    Katherine Novak
    New Member
    Posts:17 New Member

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    01 May 2019 02:19 PM
    Hon. William J. O’Neil, Vice Chair
    Attorney Regulation Advisory Committee
    Arizona Supreme Court
    1501 W. Washington St.
    Phoenix, AZ 85007
    [email protected]

    Please see the attached comment of the Attorney Regulation Advisory Committee.
    Attachments
    Topic is locked