Key points
- The Council of the American Bar Association Section of Legal Education and Admissions to the Bar voted last month to repeal ABA Standard 206, the law school accreditation standard requiring commitments to diversity and inclusion.
- The standard has been suspended since February 2025 and has not been enforced since 2024.
- The Council said repeal was necessary to preserve accreditation recognition by state supreme courts and the U.S. Department of Education.
- The U.S. Department of Education is expected to decide this year if the Council will retain its status as the national accreditor for U.S. law schools.
The Council of the ABA Section of Legal Education and Admission to the Bar (the Council) has formally repealed Standard 206, the accreditation standard requiring law schools to demonstrate a commitment to diversity and inclusion in students, faculty, and staff. The decision was final and effective as of September 8, 2026.
The Council is the national accreditor for law schools as recognized by the U.S. Department of Education (DOE). It has been the sole national accreditor of law schools since 1952, the ABA Journal said. The Council and the Section are independent of the ABA, as required by DOE regulations, according to the ABA website.
The Council said in a press release that it believed that repealing the standard was necessary to preserve this recognition, which it believes is in the best interest of law students, the profession, and the public.
What is ABA Standard 206?
ABA Standard 206 required law schools to demonstrate a “commitment to diversity and inclusion” through actions that provide “full opportunities” for underrepresented groups, particularly racial and ethnic minorities, to study law and enter the legal profession, as well as a commitment to a student body that is diverse in race, gender, and ethnicity.
It also required law schools to have a faculty and staff that are diverse in gender, race, and ethnicity.
Why was Standard 206 repealed?
The DOE issued decision letters to other accreditors, including those that accredit higher education institutions and other educational programs, earlier this year stating that to remain recognized by the DOE, the accreditor would be required to repeal, not just suspend, diversity, equity, and inclusion-related standards, the Council’s press release said.
Standard 206 was previously suspended in February 2025 and has not been enforced since 2024.
In a May 2026 memo, the ABA Standards Committee, a committee within the ABA Section of Legal Education and Admissions to the Bar tasked with reviewing proposed changes to the accreditation standards, recommended that the Council repeal Standard 206. It did so after considering public comments, the Council’s role as a national law school accreditor, and the changing legal landscape, the memo said.
Several state supreme courts have already removed the requirement that those taking the bar exam in their state must have graduated from an ABA-accredited law school only, now recognizing other accreditors and/or developing their own standards.
Texas, Florida, Alabama, and Tennessee have moved forward with changing their accreditation rules, and Ohio is reviewing whether it will allow graduates of non-ABA-accredited law schools to take the bar exam. Graduates from ABA-accredited law schools will still be able to sit for the bar in Texas, Florida, Alabama, and Tennessee.
What’s next for the ABA’s accreditation status?
The DOE’s National Advisory Committee on Institutional Quality and Integrity (NACIQI) met in September as part of its review of the Council’s federal recognition.
It did not reach a recommendation on whether to renew the Council’s federal recognition, leaving the decision to the U.S. Department of Education. A decision from DOE Under Secretary Nicholas Kent is expected by year-end.
If the Council is no longer recognized as a federal accreditor of law schools, the Council may appeal the decision to the Secretary of Education.
Law school accreditation status affects federal financial aid and bar admission requirements. According to the ABA Journal, most states require bar candidates to graduate from an ABA-accredited school.
A loss of federal recognition as a law school accreditor would not automatically dissolve the Council.
For more information about the Council’s accreditation of U.S. law schools, visit the ABA Section of Legal Education and Admissions to the Bar’s website.
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