REUNIFICATION UPDATE: PENN STATE DICKINSON LAW AND PENN STATE LAW SUBMIT APPLICATIONS FOR ACQUIESCENCE TO THE COUNCIL OF THE AMERICAN BAR ASSOCIATION SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR
October 2024 — Penn State Dickinson Law and Penn State Law have entered the critical final steps of reunification with the recent submission of Applications for Acquiescence in a Substantive Change of Program or Structure to the Council of the American Bar Association (ABA) Section of Legal Education and Admissions to the Bar, the recognized accreditor for law schools.
The anticipated unified law school, which will be called Penn State Dickinson Law and led by current Penn State Dickinson Law Dean and Donald J. Farage Professor of Law Danielle M. Conway, will have its primary location in Carlisle and an additional location in University Park, consistent with Department of Education regulations governing locations. The applications to the ABA Section of Legal Education were submitted approximately two years after Penn State President Neeli Bendapudi’s call to return to a single accredited school. Victor Romero, Maureen B. Cavanaugh Distinguished Faculty Scholar and professor of law, has provided transitional leadership as interim dean for Penn State Law and the School of International Affairs at University Park for the past two years.
“I commend my colleagues at Penn State Dickinson Law, Penn State Law, and Penn State University on the collective, earnest navigation of the reunification process, using a systems design approach to remain in a posture that promoted empathy, iterative communication, and considered action,” said Conway, who also praised the time and effort invested by executive leadership who supported the road map for reunification. “I commend Penn State’s executive leadership team, all of whom demonstrated a commitment to equity and agency by clearing a path for consequential and impactful stakeholder engagement during the two-year process.”
“I want to thank everyone involved in this process for maintaining our full commitment to our Penn State Dickinson Law and Penn State Law students,” said Bendapudi. “We are building an exciting future for legal education at Penn State thanks to the intentional and transparent work done by Dean Conway, Dean Romero, and the faculty, staff, students, and alumni of Penn State Dickinson Law and Penn State Law.”
The ABA Council’s decision on the applications for acquiescence is expected by year’s end. In September, the ABA Section on Legal Education sent a fact-finder site visit team — chaired by Barry Currier, the retired managing director of the ABA’s Section of Legal Education and Admissions to the Bar — to Penn State Dickinson Law and Penn State Law. The team, which includes several members who participated in the hearing for separation of the law schools a decade ago, has already prepared and submitted its report to the Council of the ABA Section of Legal Education and Admissions to the Bar.
In early November, Penn State’s Interim Executive Vice President and Provost Tracy Langkilde, Conway, and Romero will appear at a hearing before the ABA Council to discuss the applications and report and respond to questions posed by the council.
The road to reunification
Conway noted Penn State treated the decision to reunify the two schools with the utmost respect for those impacted. Leaders created pathways to encourage communication from the outset of the process.
Following Bendapudi’s initial charge, a reunification panel was formed in January 2023 composed of 14 students, staff, faculty, and alumni representing the viewpoints of the two separately accredited law schools. Chaired by Conway, with Romero serving as vice chair, the panel posted weekly updates on its activities on an internal university website from January through May 2023 as it developed a recommendation for the law schools’ future.
During this time, University leaders and the law school deans held town halls and met with members of both law school communities, while panel members solicited stakeholder feedback through surveys. Three consultants from the Law School Admission Council’s (LSAC’s) Legal Education Consultant Group supported the reunification panel’s efforts. In addition, Penn State’s Office of the Executive Vice President and Provost assigned two project managers to support the panel’s work.
The reunification panel unanimously agreed on a proposed structure and delivered its recommendations to Bendapudi in May 2023. She adopted the report in August 2023 and authorized the convening of the Ad Hoc Committee that same month.
Conway and Romero co-chaired the Ad Hoc Committee, which included three faculty and staff members from each law school. The committee sent electronic surveys to faculty, staff, administrators, and stakeholders to share additional information and ask for feedback. The committee also provided working drafts of the ABA applications and gathered input on them from key stakeholders.
The leadership of the reunification project embedded systems design throughout the implementation process, promoting discourse and action instrumental in meeting the short-, medium-, and long-term implementation objectives for a sustainable, unified Penn State Dickinson Law.
“We received and considered a wide range of feedback as we managed this process transparently, remaining open to suggestions, criticism, and critique,” said Conway. “Being able to pivot and adapt quickly helped us stay ahead in the process.”
If the ABA Council approves the applications, Penn State Dickinson Law will be allowed to operate as a unified law school in a conditional status until the Middle States Commission on Higher Education and the U.S. Department of Education, respectively, deliver final approval. In the meantime, faculty will address important governance matters, including the development of unified faculty bylaws, prospective promotion and tenure rules, and a unified curriculum. Academic administrators, staff, and students will equally be engaged in unifying activities, including portfolio assessments and support coverage, systems planning and implementation, integration of extracurricular programs and processes, and maximization of student-centered services and supports.
Upholding the University’s land-grant mission and adjusting to changes in legal education
Another aim of reunification is remaining responsive to the University’s land-grant mission of excellence, access, and affordability. A unified Penn State Dickinson Law, with its 190-year history of greatness in preparing lawyers and leaders to serve Pennsylvania and beyond and modern emphasis on developing centers of excellence established in both locations, will lead the commonwealth in meeting and exceeding the legal services needs of the community and the larger society.
Conway emphasized the importance of being a leader in legal education during a time when change is inevitable. Being a leader means responding to enrollment challenges, supporting democracy by focusing on a collective effort to strengthen the rule of law, and developing partnerships and programs that meet and exceed the duty and obligation to actively promote Penn State’s land grant mission, Conway said.
ABA applications: Reconciling resources and requirements
The ABA applications outline the proposed changes to the anticipated unified law school and highlight areas requiring reconciliation, noting the curriculum and instructional resources at Penn State Dickinson Law and Penn State Law overlap substantially. Differences to be harmonized before fall 2025 include:
- Reconciling credit load requirements, sequencing of courses, experiential education requirements, and mandatory courses between locations.
- Reconciling standards for good standing, advancement, and graduation and eligibility for academic support programs between locations.
- Creating a single, unified flagship law review and a unitary moot court program, with participation and leadership opportunities available to students in both locations.
The applications do not anticipate a change in the current size of the faculty. They note the anticipated unified law school will aim for a J.D. in-residence class of 200 students per year, with 125 in Carlisle and 75 in University Park. The LL.M. program will be administered using the framework developed at University Park to support LL.M. students at both locations.
Lisa Garbacik, currently human resources strategic partner for the College of Health and Human Development, Penn State Law, and the School of International Affairs, will lead the HR team supporting the anticipated unified Penn State Dickinson Law. Garbacik has more than 30 years of experience and was the executive director of human resources for Cedar Crest College before joining Penn State.
The applications also emphasize the anticipated unified law school’s continued commitment to institutional antiracism, stating, “The ethos of and dedication to antiracism will be a feature of the reunified school. Antiracist leadership is embedded throughout Penn State Dickinson Law, and it has made all departments rise. Furthermore, antiracist leadership has enhanced Penn State Dickinson Law’s programming and policies. Penn State Dickinson Law is the undisputed leader in antiracist legal education, and it is considered an important institutional voice in promoting and practicing systemic equity and diversity, equity, inclusion, and belonging in the legal academy. We will continue to strengthen those efforts in the [anticipated] unified school.”
Widespread support and exceptional leadership propel the reunification process forward
Conway praised the wide-ranging contributions of those at Penn State, Penn State Dickinson Law, and Penn State Law who have kept the reunification process on message, on target, and on track, beginning with Bendapudi.
“Neeli Bendapudi demonstrated tremendous leadership throughout the process, beginning with a clear and courageous charge,” said Conway. “She surveyed the legal education landscape across the nation, asked relevant questions pertinent to the two law schools, and remained clear-eyed and conscientious throughout the process. She did not tell us what we had to do, but she was intent on us studying what new structure should come out of this. She cleared a path for us to do the vital work that has gotten us to this point.”
The reunification inquiry spanned the tenures of Langkilde and former Executive Vice President and Provost Justin Schwartz.
“Both of them have taken this process seriously,” said Conway. “They have supported both law schools. They have supported the faculty and the staff.”
Conway also recognized the assistance provided by Senior Vice Provost Kathleen Bieschke and her office; Senior Director of Enterprise Change and Transformation Lindsey Droz; and Office of Transformation Business Analyst Audrey McDonough. Conway said she is grateful for the sage input offered by the Council of Academic Deans, notably Clarence Lang, the Susan Welch Dean of the College of the Liberal Arts; Kimberly Lawless, dean of the College of Education; and Lee Kump, dean of the College of Earth and Mineral Sciences and professor of geosciences.
Conway lauded the members of the reunification panel and Ad Hoc Committee for their contributions. Associate Professor of Law Amy C. Gaudion and Penn State Law Associate Dean for Academic Affairs and Professor of Law Jud Mathews contributed valuable guidance on the curriculum portion of the applications, while Distinguished Professor of Law Emeritus Kit Kinports and Distinguished Professor of Law and Polisher Family Faculty Scholar William B. Barker worked together on the faculty governance portion. Penn State Dickinson Law Associate Dean for Administration Laura Williams (‘90) and Penn State Law Associate Dean for Enrollment, Career Development, Planning and Transition Amanda DiPolvere worked on student-facing matters, including admissions, student services, library, and technology.
Conway also lauded the faculty, staff, students, technical services team members, and support personnel at both locations, as well as members of the Dickinson Law Association and Penn State Dickinson Law Leadership Council Advisory Board, for their encouragement and support. She thanked the LSAC consultants for their thorough and effective guidance and diligent work ethic during the two-year period.
“I am very proud of the report we collectively produced and submitted,” said Conway. “Even before the ABA fact-finder site visit team was assembled, early feedback from administrators at the ABA Section of Legal Education noted the clarity and comprehensiveness of the submissions. I took that positive feedback to mean that we were responsive. Their feedback allows me to convey my confidence that the law schools will receive a fair and objective hearing before the ABA Council.”