The legal education arm of the American Bar Association moved on Nov. 8 to revise its diversity and inclusion standard, with the most recent revisions continuing to focus on access to legal education and the profession.
November 18, 2024 Legal Education
ABA council offers revision to ‘diversity’ standard
The Council of the ABA Section of Legal Education and Admissions to the Bar has been working for some time to revise Standard 206, in light of the June 2023 U.S. Supreme Court decision barring race-conscious admissions decisions. The council serves as a separate and independent arm of the ABA for the accreditation of 197 law schools.
The council’s decision means a Notice and Comment seeking public feedback will be posted, and comments will be due by Jan. 6, 2025, for the council’s consideration at its February 2025 meeting. The latest proposed revision is responsive to some of the comments received in the most recent Notice and Comment period, which questioned whether the council went too far in eliminating any reference to student identities (such as race or ethnicity) as not required by the U.S. Supreme Court’s decision.
This revision continues the emphasis on promoting the legitimacy of the justice system and providing a supportive learning environment for all students. The revision also includes a non-exhaustive list of 15 identity characteristics that law schools can consider, and makes it explicit that schools will not be required to consider race or ethnicity in individual admissions or employment decisions.
“We wanted to make it clear that we were not seeking to abandon the values of diversity and inclusion,” said Carla D. Pratt, chair of the council’s Standards Committee. “So, we have added the words ‘diversity’ and ‘inclusion’ back.”
She explained that “schools should look for legal ways to comply with the standard” as well as the 2023 Supreme Court decision. She noted that holistic admissions approaches and targeted recruitment would be examples of the “kinds of concrete actions schools can take” under the standard and still meet the intent of the ruling.
The council also approved recommendations from its “Standards 501 and 503 Working Group” to authorize law schools to seek a variance for up to 100% of an incoming class to forgo an admission test (such as the LSAT or the GRE). Law schools will be able to apply for this variance for consideration at the February and May 2025 council meetings.
Related links:
- Nov. 8 meeting agenda including reports and recommendations
- ABA Standards and Rules of Procedure for the Approval of Law Schools
- ABA Journal: “Legal Ed council adds diversity and inclusion language back into law school standard proposal”
- SCOTUS blog: “Supreme Court strikes down affirmative action programs in college admissions”