Update: The ABA has posted the Matters for Notice and Comment: Standard 206. The deadline for response is September 30, 2024.
A Council of the American Bar Association (ABA) will soon seek public comment regarding proposed revisions of an accreditation standard, Standard 206, governing diversity and inclusion in ABA-approved law schools.
According to an ABA Journal article, the Council of the ABA Section of Legal Education and Admissions to the Bar (Council) voted on August 16, 2024, to propose changing the title of Standard 206 from “Diversity and Inclusion” to “Access to Legal Education and the Profession.”
The Council also voted to change the Standard’s language and accompanying interpretation to focus on a “commitment to access” to law school and the legal profession.
The Council, which is the national accrediting body for U.S. law schools and operates independently of the ABA in its capacity as accreditor, promulgates the ABA Standards and Rules of Procedure for Approval of Law Schools.
It determined that revisions of Standard 206 were necessary because of “changes in the law resulting from the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.”
Proposed revisions to Standard 206
Currently, subsection (a) of Standard 206 provides:
- Consistent with sound legal education policy and the Standards, a law school shall demonstrate by concrete action a commitment to diversity and inclusion by providing full opportunities for the study of law and entry into the profession by members of underrepresented groups, particularly racial and ethnic minorities, and a commitment to having a student body that is diverse with respect to gender, race, and ethnicity.
The Council voted to propose that this subsection be revised to state:
- For purposes of ensuring the legitimacy of the justice system, a law school shall demonstrate by concrete actions a commitment to access to the study of law and entry into the legal profession for all persons including those with identities that historically have been disadvantaged or excluded from the legal profession
Additionally, the Council voted to propose that Standard 206’s subsection (b), focused on the composition of a law school’s faculty and staff, be revised. It currently provides:
- Consistent with sound educational policy and the Standards, a law school shall demonstrate by concrete action a commitment to diversity and inclusion by having a faculty and staff that are diverse with respect to gender, race, and ethnicity.
The Council’s proposed revision would instead have subsection (b) state:
- A law school shall demonstrate by concrete actions a commitment to creating and maintaining a supportive learning environment for all students, in part by providing access to faculty and staff positions for all persons, including those with identities that historically have been disadvantaged or excluded from the legal profession.
Pursuant to proposed Interpretation 206-3, a “supportive learning environment” would be defined as “one that promotes professionalism, mutual respect, and belonging for everyone in the law school community.”
Reason for the recommended revisions
The Standards Committee, which provided the Council with the text of the proposed revisions, indicated in a memorandum that such revisions “were made based on [the Supreme Court’s] decision and advice from outside legal counsel.”
The Council also voted to propose Interpretation 206-2, which would state that “[c]ompliance with Standard 206(b) does not require a law school to take race or any other identity characteristic into account in making an individual employment decision.”
Official notice of the proposed revisions and request for comment will soon be posted on the ABA’s website.
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