State CLE Updates: Online Learning, DEI, And More [Sponsored]

Another unprecedented year is wrapping up, bringing still more COVID-related headlines (thanks, Omicron variant), Zoom meetings, and uncertainty. Throughout the pandemic, states have taken steps to ease and revise requirements around CLE compliance – and Practising Law Institute (PLI) has kept track of the many changes. As we head into 2022, here’s the latest:

COVID-Related Responses

PLI has been in close contact with regulators in all MCLE states, publishing updates on a web page accessible to its Members and the public. Since this summer, a few states have extended their policies related to the types of study that qualify for CLE credit, reports Andrew Ottiger, PLI’s Senior Director, MCLE Accreditation & Compliance:

• New York has extended the ability of Newly Admitted attorneys to earn CLE through live webcasts and other live, nontraditional formats through June 30, 2022 (originally set to expire on December 31, 2021).
• Delaware has waived its in-person requirements through 2022.
• Ohio waived self-study caps for attorneys with last names M through Z for the December 31, 2022 compliance period.
• Clarifying its requirements, Pennsylvania now says that for 2021, compliance may be met with on-demand classes, but for 2022, at least six credits must be live-online or in-person/classroom.
• Mississippi temporarily removed the online CLE limit for the 2021-2022 year ending on July 31, 2022.

What about the other states with waivers and orders expiring at the end of 2021? Ottiger suggests that many are taking a “wait and see approach,” in anticipation of winter COVID trends. “We may not learn more about extensions of waivers in some states until the New Year, particularly those for which January is the beginning of the MCLE compliance period, allowing substantial time until the next deadline,” he notes.

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Non-COVID Rule Changes

There’s more to life – and law – than COVID, and states continue to adjust requirements in response to other factors, including diversity-related training. Significantly, California increased its elimination of bias requirement from one hour to two and established a sub-topic devoted to implicit bias, required for attorneys with a deadline after January 31, 2022. “This is a first in the nation standalone topic,” Ottiger reports. Other DEI-related changes include:

• Virginia will allow elimination of bias education to count toward legal ethics or professionalism requirements effective October 11, 2021.
• Washington added a requirement for an ethics credit in the topic of equity, inclusion, and the mitigation of both implicit and explicit bias in the legal profession and the practice of law, effective September 1, 2022.
• Texas will allow ethics credit for implicit and explicit bias courses, effective June 1, 2021.
• Colorado added a requirement for at least two credit hours in equity, diversity, and inclusivity (EDI) and at least five credit hours in legal ethics or legal professionalism effective July 1, 2021.

Format Changes

Another CLE trend is taking shape in the area of format changes, Ottiger reports. Take a look at Utah, whose State Bar made some noteworthy updates earlier this year. In addition to transitioning from a two-year to a one-year compliance period, Utah also broadened the eligibility of what formats can qualify for live, uncapped CLE credit to include a newly formed “Verified E-CLE” category. Ottiger explains, “Verified E-CLE is CLE presented via a computer program or over the internet where active participation by the lawyer in the CLE is verified by responding to scenarios during the CLE or answering knowledge-based questions during or after the presentation of the CLE.” He adds that while regulators have approved scenario-based simulations on a case-by-case basis, Utah seems to be the first to formally recognize it as a standalone format while also recognizing it for live/uncapped credit.

“This is an interesting move away from measuring CLE strictly by the clock and the ‘talking head’ lecture-based programs and toward a competency-based model for measuring CLE,” says Ottiger. “It will be interesting to see if other states follow, if providers build eligible programs, and how attorneys will respond to earning ‘live’ credit via this new format type.”

Other changes have been taking place in Kansas, which removed the prerecorded program limitation permanently, effective June 1, 2021.

…And More!

The State Bar of California now requires approved Multiple Activity Providers (MAP) to electronically report MCLE course attendance to the State Bar. To accommodate this new requirement, attorneys must provide their State Bar of California license number when earning CLE – a significant change for attorneys and education providers.

Looking to complete your CLE requirements? Visit PLI’s website for a list of on-demand, live webcast, and in-person programs. You can also use PLI’s Credit Tracker to easily keep track of credits earned from any provider in any jurisdiction, or learn about the latest MCLE rule changes by visiting PLI’s Recent Rule Changes.

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