New Commission Policy for Approval of eCLE
(formerly Self-Study) Program Applications

Effective April 24, 2008 the Commission will institute a revised policy regarding the application and approval of self-study programs – which will now be known as “eCLE” (electronic CLE).  (Programs taking place from January 1, 2008 may be submitted for retroactive approval.) 

To qualify, an organization must meet all of the following criteria:

• the organization must be an organization or division of an organization, the primary purpose of which is the education of attorneys and/or judges;
• the organization must have held the status of an Delaware Accredited Sponsor for at least one year or 25 programs;

To apply, an organization must provide the following:

• a Form 11 application with required attachments at least 60 days before the first date of the program;
• an application fee of $25.00 per program (fees are imposed on eCLE programs regardless of Accredited Sponsor Status);
           

At any time, the Commission may alter the guidelines and requirements of the organizations approved for such status with written notice (including electronically delivered) to the provider.  The provider may choose to discontinue applying for eCLE programs without giving up their status as a Delaware Accredited Sponsor Status. 

eCLE Programs: Standards for Accreditation

An eCLE program is considered to be any organized program of study not personally monitored or administrated by the provider of the program.

1.  Only completely designed and finished programs will be considered for accreditation.  Applications must be made by the provider at least 60 days in advance of the initial availability of the course.

2.  When submitting an eCLE activity for approval, a provider must provide information regarding the method of instruction, subject matter, and topical outline, as well as the object of the program.
 
3.  The provider must indicate the actual length of the program and also request a specific number of credit hours for accreditation of the activity.  The basis of the request should also be explained.

4.  The provider must have independent means of identifying the attorney engaged in the activity. The attorney's affidavit to the provider is not sufficient for this purpose.

5.  The provider must have independent means of verifying the length of time the attorney was engaged in the activity as well as the number of credit hours earned by the attorney.  The attorney's affidavit to the provider is not sufficient for this purpose.  Independent means of verification might include a test graded by the provider or electronic tracking systems such as a PIN number or online sign-in. 

6.  The provider's methods of attendee identification and verification should be explained to the Commission in advance and any changes must be approved by the Commission.  Attendance information should be maintained and submitted in accordance with Rule 5(B).

7.  If the program is a recording of a live presentation, the original live presentation must have taken place no more than two years before the date of the eCLE program presentation, consistent with CLE Rule 7(C)(3)(e).  The normal approval range of one year may be shortened so as not to exceed this limit.

8.  The provider must make the activity available to audit by one or more representatives of the Commission, free of charge or credit award, if requested by the Commission.  This includes free license of software.  If the provider wishes to have materials or software returned after examination, the provider must arrange and pay for shipping of those materials.

eCLE Programs: Definitions
(mention on this list does not necessarily indicate an acceptable form of eCLE)

Telephone Seminar or Audio Broadcast:  A program delivered to the attendee, live or recorded, over the telephone, or by other means providing only an audio connection.  The American Bar Association refers to telephone seminars as "teleconferences".  Please refer to the policy below.

Video Teleconference:  Not to be confused with satellite seminars, video teleconferences require a telephone or other audio connection with a video component.  This would also include desktop computer conferencing with a video component.  Because the setting is limited to a setting with video conference equipment, this type of program is not subject to the restrictions imposed on teleconference programs.

Online Seminars:  Any type of seminar offered over a computer network connection, such as the internet, including live in a chat room, through an interactive website, or using streaming video or private networks.

Computer-based Program:  Self-contained software program developed by the program provider and licensed for use by the attendee through installation onto the attendee's personal computer.

Video:  May be delivered over a television network or through a video provided to the participant by the provider.  eCLE video is used without direct participation by the provider, but must include an additional component to monitor attendance, such as a written test graded by the provider, or a computer-based program used in conjunction with the video component.

Printed Materials Only are not accepted for eCLE.

The Commission has concerns that telephone seminars and audio-only broadcasts may not be an effective means of education due to the lack of a graphical component as well as the provider's inability to regulate the physical setting of activity and to monitor the actual participation of the attendee.  As a result, this will be an area of education subject to ongoing review by the Commission.  Attorneys may be requested by the Commission to complete a survey providing feedback regarding their participation in such programs.  Many providers advertise the convenience of telephone seminars by mentioning that an attorney may participate from a cellular or car phone; however, the Commission is opposed to sanctioning cellular phone use while driving, for safety reasons.  Attorneys seeking credit for attending a telephone seminar will be required to participate in a setting conducive to learning and may not receive credit for participation while operating a motor vehicle.  Credits for telephone seminars and other activities with an audio-only component are limited to one-half of the self-study limit imposed by CLE Rule 7(E)(3), or 6 credits per reporting period for attorneys with a 24-credit requirement.