Legal Education Update
Continued Suspension of ABA Diversity Accreditation Standard
May 9, 2025, 1:12 PM CDT
The ABA Council on Legal Education voted to maintain the suspension of the diversity accreditation standard. (Shutterstock)
The Council of the American Bar Association (ABA) Section of Legal Education and Admissions has decided to extend the suspension of a controversial diversity accreditation standard. This vote took place during their quarterly meeting in Chicago.
Context of the Suspension
This recent decision arises against a backdrop of increasing pressure from the current administration, particularly following specific executive orders aimed at higher education accreditors. One such order, issued on April 23, explicitly referenced the ABA Council and targets diversity, equity, and inclusion (DEI) initiatives.
Implications of the Decision
The ABA’s section is recognized as the only accrediting body for law schools by the U.S. Department of Education, making compliance with their standards essential for graduates seeking bar admission in most states. Notably, both Texas and Florida are currently reassessing these accreditation requirements.
Ongoing Challenges and Initiatives
In February, the council initially suspended Standard 206, known as the “Diversity and Inclusion” standard, and postponed enforcement until August 31, 2025. This suspension was intended to allow for the creation of a revised version of the standard, which was to be considered at the upcoming ABA Annual Meeting in August. However, Friday’s decision means that discussions regarding the standard will not occur this year.
A memo from the Standards Committee suggested this continued pause on May 2, citing ongoing litigation related to several executive orders concerning higher education. The statement released by the council highlighted the extraordinary circumstances surrounding this decision, indicating that enforcing Standard 206 could impose significant burdens on various law schools.
Future Monitoring and Reports
With the continuation of the suspension, the council will refrain from issuing any compliance evaluations or guidance regarding Standard 206 for the time being. The Standards Committee has committed to monitoring the higher education landscape and will provide updates to the council no later than May 2026.
Official Directives
The executive orders also mandate the Secretary of Education to reconsider the recognition of accreditors that account for a law school’s diversity measures. Additionally, universities are now required to focus more on student outcomes devoid of demographic considerations, with a call for enhancing intellectual diversity among faculty members.
For ongoing updates and further information, please visit the ABA website.
