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The technological changes brought about by the Internet have raised questions as to whether continuing legal education courses might be delivered through the Internet or by other distance learning technologies. The Mandatory Continuing Legal Education Board will, in certain circumstances, approve CLE courses delivered by distance learning methods, including on-line presentations. In order for such courses to be approved they must meet the standards as to content prescribed by the Virginia MCLE Regulations. The purpose of this Opinion is to clarify the application of the Regulations to courses offered by distance learning methods as follows:
1. The courses must afford interaction between the attendees and the presenter with respect to the subject matter of the course. An Internet discussion group or a "bulletin board" may satisfy this requirement so long as it facilitates vigorous discussion.
2. The provider of Internet or telephone courses must have a system which allows certification of attendance to be controlled by the provider and which permits the provider to verify the date and time of attendance. For example, for an Internet delivered course, a system which identifies the log on and log off of a participant and is secured against attendee manipulation may satisfy this requirement.
3. A provider of a course which is delivered by distance learning methods where the presenter and the attendee are not simultaneously engaged in the course at the same time (i.e. asynchronous distance learning), must clearly specify during its registration process when the last substantive revision of the course was made. Additionally, the provider should advise attendees during registration that the Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
4. The attendee must self-certify that any course delivered by a distance learning method was taken in a setting physically suitable to the course or program and that a suitable writing surface was available. To insure compliance with MCLE Regulation 102(f), for any course delivered by distance learning methods where the presenter and the attendee are not simultaneously engaged in the course at the same time (i.e. asynchronous distance learning.) the attendee must also self-certify that the course for which credit is sought is not substantially identical to a course for which the same member received credit during the same completion period or the completion period immediately prior to the one for which credit is sought.
5. The provider must furnish high quality written instructional materials. Consistent with MCLE Board Opinion 14, these materials may be made available electronically or provided in printed form. In most instances, such materials should be made available prior to course attendance so that the participant can refer to them during the course. In appropriate circumstances additional and supplementary materials may be made available during or immediately subsequent to the presentation.
6. The requirement of a group setting under Regulation 103(h) will be satisfied if the presentation is made to more than one attendee and affords each attendee the opportunity to participate in interaction and discussions as outlined in ¶ 1 above.
7. The presentation must include audio and/or audiovisual presentations so each attendee hears and/or sees an actual presentation made by the presenter.
8. An attendee attending a course presented by an approved provider must certify compliance with the provisions of ¶¶ 3 and 5 above before credit can be received with respect to the course.
Approved 6/22/98 Effective 7/1/98 Revised 12/10/01 Revised 10/21/03
Updated: July 27, 2006