Academic Support Programs Should be Included in U.S. News Rankings...maybe

Happy New Year ASP Blog Readers! We are back!

Earlier today I was in a meeting with colleagues who told me that several publishers had not brought ASP/Bar Prep publications to the AALS meetings because, (and keep in mind that this probably hearsay squared), “AALS is for doctrinal faculty.” AALS abolished the distinction years ago, but perhaps that message has not reached all sectors. And while I could easily lament another occasion where academic support is overlooked and excluded, today I have another proposition.

I have written in the past about how U.S. News Rankings count the work of academic support and bar prep professionals (bar pass rate!!!), but they do not evaluate the programs themselves. This is, I have argued, essentially taxation without representation.

Recently a few schools that probably do not sweat the bar pass rate (let’s be honest here, it is always going to be in the over 90% area for them), have decided not to engage in rankings. These schools just don’t need the credential to boost their marketability or community standing. They already have all the name and prestige recognition they need. They just shuffle among the top tier like a tableau of rich invitees at a Gatsby event. But, as I tell students fairly often, 90% of the class in not in the top 10%. So too for law schools -- as a vast majority of schools are not invited to the West Egg shindigs.

After attending an amazing conference organized by the New England Consortium of Academic Support Professionals where we discussed job security, equity, and even reached for the brass ring of tenure, I am convinced that having academic support programs ranked by U.S. News might be a step in the right direction.

Here are my top three reasons:

1. This would be another metric for schools looking to gain status, meaning that schools that really do need a boost can get one, and
2. It might shift a power dynamic to a successful (and therefore ranked) academic support program’s professionals to seek better job security (contracts where they are at-will employees, presumptively renewable contracts for those on a year-to-year contract, and tenure down the road.) A school that gains prestige because of a ranked ASP program would want to protect that asset.
3. ASP professionals work extremely hard-we teach more, we meet more, we write as much (if not more), and we are often asked to take on responsibilities that are similar to doctrinal, legal writing, and clinical faculty. We deserve the recognition-beyond the amazing way we honor each other in our community.

But there are some downsides:

1. More scrutiny doesn’t always reveal only good things. We might put folks with very little job security in a more precarious position and introduce metrics that are not necessarily indicative of quality academic support. This might turn out to be another area where BIPOC professionals are not fairly evaluated.
2. ASP will now be tethered to raising or maintaining a ranking--which is not the point of ASP. This might distract us from our students, who are the reason we do what we do.
3. Being tied to the bar pass rate more directly may not be fair since some of the variables that control bar pass rate are not within the control of ASP. We cannot overcome a poorly admitted class, or a pandemic, for example.

I invite debate on this idea. I would also happily invite the beginning of a national movement of ASP professionals to work together toward more equity and job security. If we take any page from legal writing, the one I believe is foundational would be that we gather our data and work together.

(Liz Stillman)