182 P.R. Dec. 435
P.R.2011Background
- Forne Foundation Facultad de Derecho Eugenio María de Hostos (FFDEMH) sought provisional accreditation in 1996 to allow graduates to take bar reválida exams administered by the Tribunal.
- The Tribunal granted provisional accreditation for five years, with a High Court-appointed Accreditation Committee to assess progress.
- After eight years of operation under provisional accreditation, the Committee recommended denying an extension due to persistent financial insolvency and failure to secure ABA provisional accreditation.
- The last progress report (April 2011) highlighted fiscal instability, low new-student recruitment, insufficient progress toward ABA provisional accreditation, and unresolved library construction financing.
- The Tribunal ultimately denied extending provisional accreditation but allowed current students to take reválida exams upon graduation and ensured graduates who had taken reválida before would not be affected.
- The dissent criticized the majority’s economic-focused approach, noting substantial progress since 2008 and urging more time to achieve viability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether extending provisional accreditation was warranted | FFDEMH urged continued extension | Committee/Tribunal found fiscal instability and ABA progress lacking | Denied extension of provisional accreditation |
| Whether FFDEMH could meet ABA provisional accreditation requirements | FFDEMH argued progress toward ABA accreditation | ABA milestones remained unmet | Not satisfied; extension denied |
| Impact on students and graduates during extension denial | Protect students’ ability to sit reválida | Measures to protect students acknowledged | Students allowed to take reválida upon degree attainment; current graduates unaffected |
Key Cases Cited
- In re Fund. Fac. Der. Eugenio Ma. De Hostos, 161 D.P.R. 359 (2004) (provisional accreditation decisions and regulatory oversight of law schools in Puerto Rico)
- In re Fund. De Hostos, 159 D.P.R. 707 (2003) (precedent on accreditation and oversight of legal education programs)
- In re Fund. E. Ma. De Hostos II, 158 D.P.R. 786 (2003) (continuation and evaluation of provisional accreditation)