The American Bar Association Council of the Section of Legal Education and Admissions to the Bar, in a letter to U.S. Attorney General Pam Bondi, reiterated that Standard 206, the American Bar Association’s standard concerning access to legal education, has been suspended and is not being enforced.
The letter from David A. Brennen, chair of the council, was sent in response to Bondi’s Feb. 28 letter that contended that the council subjected law professors and their students to “unlawful race and sex discrimination under the guise of ‘diversity’ mandates.” Bondi also warned that the ABA’s authority as the recognized accreditor of U.S. law schools — a position it has held since 1952 — can be revoked.
The council is recognized by the U.S. Department of Education as the accrediting agency for programs that lead to the J.D. degree. In this function, the council and the Section of Legal Education and Admissions to the Bar are separate and independent from the ABA, as required by Department of Education regulations.
As Brennen explained in the letter, “The council understands that recognition as a DOE accreditor is a privilege and a great responsibility, which we take seriously to help ensure that graduates from accredited law schools are prepared to be effective, ethical and responsible members of the legal profession.”
Suspension of Standard 206 “means that no law school that we accredit is currently required to comply with any aspects of that standard to maintain its accreditation,” according to the letter. “The council is reviewing a possible new standard concerning access to legal education that conforms with all applicable laws. The council has not and will not require a law school to violate the law in order to comply with its accreditation standards. I assure you that this remains our goal as we deliberate and consider a revised Standard 206.”
The council’s next meeting is in May 2025, and no action on this standard is expected before that time.
(https://www.americanbar.org/news/abanews/aba-news-archives/2025/03/aba-council-reiterates-legal-ed-standard-suspended/)
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