Effort Underway By The Standards Review Committee Of The American Bar Association May Restrict Access To Legal Education For Students Of Color
Mr. Speaker, I rise today to oppose efforts currently underway by the Standards Review Committee of the American Bar Association (ABA) that may unintentionally restrict access to legal education for students of color and negatively affect…
Mr. Speaker, I rise today to oppose efforts currently underway by the Standards Review Committee of the American Bar Association (ABA) that may unintentionally restrict access to legal education for students of color and negatively affect minority serving institutions.
Five years ago, a broad based, national coalition of groups that included all of the national bar associations of color helped craft the current ABA accreditation standard regarding bar passage. That standard balanced the need for quality assurances with the goal of maintaining access to law school for students of color. It required law schools to demonstrate that three out of their last five graduating classes got an ultimate pass rate of at least 75% or an average of 75% over five years.
Since then, as part of the ABA Council of Legal Education's application for re-recognition, the Department of Education as the accrediting agency for law schools, the Department reviewed this standard, did not find any problems with it, and renewed the Council's accrediting authority.
Now the Council's Standards Review Committee is proposing to change this standard to rigidly require schools to demonstrate that every one of its graduating classes achieved an ultimate pass rate of 75 percent in every year, regardless of the pass rates in the jurisdictions where the school's graduates sit for the exam, or else the school would face an immediate sanctions hearing, which is the first step in revoking a school's accreditation.
The SRC has acknowledged that it hasn't done a study and does not know the effects of its proposal. Instead of undertaking the work needed to justify raising its bar accreditation requirement, it has taken a shortcut. This shortcut will potentially limit enrollment for students of color, and affect many minority serving institutions, including law schools affiliated with historically black colleges and universities.
A wide-ranging coalition--over forty letters express opposition to this standard. Included among the groups opposing the change are the Society of American Law Teachers, Clinical Legal Education Association, ABA Council of Racial and Ethnic Diversity in the Educational Pipeline, Historically Black College and University Law School Deans, deans of other schools, the National Bar Association, Hispanic National Bar Association, National Asian Pacific American Bar Association, National Native American Bar Association, and the Congressional Black, Hispanic, Asian Pacific, and Progressive Caucuses.
People care about this issue because the Standards Review Committee proposal would create a perverse incentive for law schools to limit enrollment solely to students with high standardized test scores. When law schools face accreditation review, their only way to remedy perceived deficiencies is to reduce the chance that students will not pass the bar. The ranks of lawyers reflect a different reality. Many students enter law school with adequate but not stellar standardized test scores and prove through hard work an ability to succeed, graduate, pass the bar, find a job, and contribute meaningfully to the legal profession.
Another issue is not immediately evident, but equally damaging. The National Bar Association has posted in its SRC comments on the proposal, a study worth reading. The study shows that students of color tend to sit for the bar exam in state jurisdictions where the bar exam is harder, and bar passage rates are lower. Schools that graduate these students will fare worse under the proposal than schools with a higher percentage of students that remain in state and tend to have a higher percentage of Caucasian students. I note here that law schools affiliated with historically black colleges and universities have produced some of the most important African American leadership throughout the history of this nation. The proposal's potential effects warrant in-depth study to ensure they are fully understood.
This is one of the issues, raised by many of those who have written to the Standards Review Committee--that the committee is making policy without data. The Council of Legal Education controls the only available data on the ultimate pass rates of particular schools in particular jurisdictions, but despite repeated requests, it has not undertaken a careful impact study before moving forward on this fundamental policy change.
This is why we believe that the Standards Review Committee bears the burden of conducting a careful ultimate pass rate study of the pass rates achieved by particular schools in particular jurisdictions before moving forward on this proposal. To date, it risks unintentionally discriminating against schools that graduate large numbers of students of color.
Mr. Speaker, I will close by restating the American Bar Association's own arguments in support of diversity in the legal profession. The ABA has outlined four powerful rationales for why it must focus its energies on helping to diversify the legal profession:
The Democracy Rationale--that lawyers and judges play a unique role in our democratic institutions, and a more diverse judiciary and legal profession will create greater trust and confidence in the fairness of our mechanisms of government and in the rule of law.
The Business Rationale--that businesses must be responsive to their increasingly diverse customers and clients, here and around the world, and lawyers who are culturally diverse can help businesses reach and better serve these diverse populations.
The Leadership Rationale--that lawyers often play leadership roles in our society, both in and out of politics, and a more broadly inclusive legal profession is essential to providing under-represented groups with access to these roles.
The Demographic Rationale--that by 2042 or sooner, America will be a country of color, in which a majority of her citizens will be people of color.
These arguments reflect the import of expanding access to the legal field, not making it harder.