HOUSE SUBSTITUTE NO. 1
HOUSE BILL NO. 803
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 1, SUBCHAPTER 11, TITLE 8 OF THE DELAWARE CODE RELATING TO POWERS OF CORPORATIONS CONDUCTING LAW SCHOOLS IN DELAWARE TO GRANT ACADEMIC LAW DEGREES.
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each house thereof concurring therein):
Section 1. Amend Section 125, Chapter 1, Subchapter 11, Title 8 of the Delaware Code, by striking the second paragraph and substituting in lieu thereof the following:
"Notwithstanding the foregoing provision, any corporation conducting a law school, which has its principal place of operation in Delaware, and which intends to meet the standards of approval of the American Bar Association, may, after it has been in actual operation for not less than one year, retain at its own expense a dean or dean emeritus of a law school fully approved by the American Bar Association to make an on-site inspection and report concerning the progress of the corporation toward meeting the standards for approval by the American Bar Association. Such dean or dean emeritus shall be chosen by the Attorney General from a panel of three deans whose names are presented to him as being willing to serve. One such dean on this panel shall be nominated by the trustees of said law school corporation; another dean shall be nominated by a committee of the Student Bar Association of said law school; and the other dean shall be nominated by a committee of lawyers who are parents of students attending such law school. If any of the above-named groups cannot find a dean, it may substitute two full professors of accredited law schools for the dean it is entitled to nominate, and in such a case if the Attorney General chooses one of such professors, he shall serve the function of a dean as herein prescribed. If the dean so retained shall report in writing that, in his professional judgment, the corporation is attempting, in good faith, to comply with the standards for approval of the American Bar Association and is making reasonable progress toward meeting such standards, the corporation may file a copy of the report with the Superintendent of Public Instruction and with the Attorney General. Any corporation which complies with these provisions by filing such report shall be deemed to have temporary approval from the State of Delaware and shall be entitled to amend its certificate of incorporation to authorize the granting of standard academic law degrees. Thereafter, until the law school operated by the corporation is approved by the American Bar Association, the corporation shall file once during each academic year a new report, in the same manner as the first report. If, at any time, the corporation fails to file such a report, or if the dean retained to render such report states that, in his opinion, the corporation is not continuing to make reasonable progress toward accreditation, the Attorney General, at the request of the Superintendent of Public Instruction, may file a complaint in the Court of Chancery to suspend said temporary approval and degree-granting power until a further report is filed by a dean or dean emeritus of an accredited law school that the school has resumed its progress towards meeting the standards for approval. Upon approval of the law school by the American Bar Association, temporary approval shall become final, and shall no longer be subject to suspension or vacation under the provisions of this section."
Approved June 20, 1974.