Legal Ed council underscores independence as states limit accreditation powers
Amid steps by states to create their own accrediting systems, the ABA council of the Section of Legal Education and Admissions to the Bar on Friday voted to clarify its independence from the overall ABA by setting up a new unit focused on law school oversight and by limiting options for input on accreditation standards.
The ABA council is recognized by the U.S. Department of Education as the sole accrediting body for U.S. law schools. But at Friday’s special meeting, the council voted to form the Accreditation Council of the Section of Legal Education of Admissions to the Bar, a move that underscores that it operates separately from the ABA, the target of criticism from the Trump administration for a host of issues including law school accreditation.
“These changes aim to clarify the existing distinction between the Section’s functions and the council’s accreditation work, reinforce the council’s independent decision making and make its processes more efficient,” Jenn Rosato Perea, section managing director, said in a statement.
The virtual open meeting was held almost three weeks ahead of the ABA’s Midyear Meeting, allowing the council to present this change to the Board of Governors next month and then approve it at the section business meeting in August.
National accreditation aims to monitor the consistent quality of law schools nationally. Historically, most states have required bar applicants to be graduates of an ABA-accredited law school. That allows graduates from an ABA-accredited school to be portable, able to take the bar exam and ultimately practice in any jurisdiction.
But the council’s exclusive accreditor status is changing. Since the beginning of this month, two state supreme courts made moves to break ties with the council.
Nine days after the Texas Supreme Court voted to part ways with the council, the Florida Supreme Court on Thursday approved an amendment that opens the door to other law school accreditors and allows graduates from non-ABA-accredited law schools to sit for that state’s bar.
“The rule changes create the opportunity for additional entities to carry out an accrediting and gatekeeping function on behalf of the Court,” the decision states. It does not prohibit law schools from seeking ABA accreditation.
This follows an October proposal by the Florida court’s workgroup that offered a dozen alternative methods to accredit law schools including forming a new accrediting council in conjunction with other state supreme courts, collaborating with the ABA’s council to revise its accreditation standards and requesting that the council be decoupled from the larger ABA.
In both Texas and Florida, candidates from ABA-accredited schools can continue to apply for admission to the bar.
Meanwhile, the state supreme courts of Tennessee and Ohio also are reevaluating ABA accreditation.
The four states’ moves follow the Trump administration’s executive order in April aimed at higher education accreditors—specifically referencing the council—that mandates the dismantling of diversity, equity and inclusion efforts or risking federal funding cuts.
Since then, the council has suspended Standard 206 until Aug. 31, and discussed eliminating it while launching a comprehensive review of its standards at its quarterly meeting in November.
Also at Friday’s meeting, the council approved proposed changes to Rule 55 that would speed up the process of revising or creating new standards. Currently, the ABA is allowed to weigh in on proposed revisions to accreditation standards twice before council determines the specifics of the change. The new rule would give the ABA only one chance to provide its input.
After a notice and comment period, that proposed rule change will be considered by the council in May.
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