ABA Legal Ed Council Suspends Diversity Accreditation Standard In Wake Of Trump Executive Order And DOE Letter

ABA Journal, ABA Legal Ed Council Suspends Accreditation Standard Focused on Diversity:

The council of the ABA Section of Legal Education and Admissions to the Bar has suspended enforcement of the accreditation standard originally titled “Diversity and Inclusion” until Aug. 31 in the wake of a Trump administration executive order mandating the dismantling of diversity, equity and inclusion efforts and demands by the U.S. Department of Education that academic institutions eliminate DEI polices or risk federal funding cuts.

At its quarterly meeting in San Antonio on Friday, the council voted to pause its work on the latest round of revisions to the contentious rule—known as Standard 206—while developing a new draft that could be presented to the ABA House of Delegates at the ABA Annual Meeting in August.

“The committee’s view is that with the executive orders and the law being in flux, it would be an extreme hardship for law schools if our standards were to require them to do certain things that may cause them to take more litigation risks and potentially violate the law,” said Daniel Thies, chair-elect of the council and co-chair of its Strategic Review Committee.

In the interim, members of the council’s managing director’s office will consult law schools with scheduled accreditation site visits this spring, “and the staff will be putting together written guidance,” said Jennifer L. Rosato Perea, the managing director for accreditation and legal education at the ABA. All law schools at any stage in accreditation can receive support, she added.

American Bar Association Statement Re: Standard 206:

The Council of the Section of Legal Education and Admissions to the Bar is currently in the process of reviewing and amending Standard 206 to ensure that it complies with federal law, while still achieving the goal of ensuring access to legal education for all persons. During its February meeting, the Council reviewed the latest draft and considered potential changes to ensure compliance with the recent Executive Orders and the Department of Education’s “Dear Colleague” letter dated February 14, 2025. The Council intends to submit this draft with revisions to the ABA House of Delegates in August, as previously planned, after which it anticipates the new standard will be in full force and effect. 

In the meantime, the Council decided to suspend the existing version of Standard 206 until August 31, 2025, when the adoption of the revised standard is anticipated.

These decisions by the Council help to ensure that the revision of Standard 206 continues moving forward, while allowing the Council to integrate legal developments and forthcoming guidance from the Department of Education. The Council’s commitment to ensuring access to legal education to all people, including those who have been historically excluded from the legal profession, has not changed. However, the Council intends to ensure that the schools can comply with this standard consistent with applicable law. 

The Council is recognized by the United States Department of Education (ED) as the accrediting agency for programs that lead to the J.D. degree. In this function, the Council and the Section are separate and independent from the ABA, as required by ED regulations.

• Above the Law, ABA Suspends DEI Accreditation Requirements For Law Schools
• Bloomberg Law, ABA Halts Enforcement of DEI Rule in Reaction to Trump Agenda
• Fox News, American Bar Association Votes to Stop Enforcing DEI Standard For Law Schools
• Inside Higher Ed, ABA Suspends DEI Standards for Accreditation
• Law.com, ABA Suspends DEI Mandate for Law School Accreditation
• Law360, ABA Suspends Law School DEI Standards Until Summer
• Reuters, American Bar Association Suspends Law School DEI Rule Enforcement

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