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ABA Accreditation Council Repeals DEI Requirement

Council leaders say the move was meant to protect its standing with state courts ahead of a federal review.

Overview

  • The ABA Section of Legal Education’s accreditation council voted 10–6 on Tuesday to eliminate Standard 206 and the repeal took effect immediately, removing the council’s power to require diversity as an accreditation condition.
  • The repeal does not stop law schools from pursuing diversity on their own but it bars the council from making diversity and inclusion a mandatory accreditation metric.
  • Department of Education career staff recommended in August that the council be stripped of federal recognition; the department’s advisory committee will consider that recommendation on Sept. 23 and undersecretary Nicholas Kent will issue a final decision in the months that follow.
  • The council’s special vote involved anonymous ballots, several abstentions and members who were ineligible to vote, and leaders said the decision aimed to prevent the accreditor from fragmenting into multiple bodies that would complicate interstate licensure.
  • Observers are split on the outcome: if the Education Department still withdraws recognition, some law schools could lose federal student aid eligibility and graduates could face uneven state rules for bar admission, producing practical disruption for students and institutions.