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The Trump administration is threatening the American Bar Association’s longstanding authority to accredit law schools, which dates back to 1952.
The White House, along with congressional Republicans, have accused the ABA of using its dominant role in legal education to push diversity, equity and inclusion (DEI) ideology on up-and-coming lawyers.
A 500-page Department of Education report obtained by The Wall Street Journal argues that the ABA’s accreditation wing is not sufficiently independent of the law profession itself.
In a statement to Fox News Digital, the Department of Education said its staff reviewed the ABA’s accreditation standards and found the organization is “out of compliance” with federal accreditor regulations.
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“We will not comment on details as the process is ongoing and involves multiple stages of review, including by an independent, bipartisan advisory committee in September,” said a spokesperson from the Department of Education.
The ABA’s accreditation system gives it considerable influence over law schools in the United States.
Its Council of the Section of Legal Education and Admissions to the Bar is the only accreditor of Juris Doctor programs recognized by the Department of Education, and graduation from an ABA-approved law school is the standard path to taking the bar exam in most states.
Since the Higher Education Act was passed in 1965, only accredited universities can participate in federal student financial assistance programs. Students who attend non-accredited law schools cannot access federal student loans or grants.
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The Department of Education’s initial recommendation to reject the ABA as a federally recognized accreditor will go to a panel for review, The Journal reported. That panel will then make its own recommendation to Undersecretary of Education Nicholas Kent.
In a statement to Fox News Digital, Melissa Hart, the chair of the ABA’s Accreditation Council, said the council is complying with federal laws and regulations.
“Although it is difficult to comment on a recommendation we haven’t yet received, we look forward to the opportunity to address any misconceptions and clarify the record at our upcoming hearing before the [National Advisory Committee on Institutional Quality and Integrity] committee next month,” Hart said.
“As a national accrediting body for American law schools, we remain focused on ensuring quality legal education that produces competent, ethical attorneys who are eligible for licensure,” she added. “The outcomes produced by Council-accredited law schools are unmatched, and we continue the important work of accrediting law schools as our recognition process proceeds.”
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Under the Higher Education Act, the secretary of education has the power to terminate the federal recognition of an accrediting agency, but only after the accreditor is given notice and an opportunity for a hearing.
Accreditors are also generally given up to 12 months to come back into compliance before their recognition is terminated.
If the ABA lost its federal status as a trusted accreditor, law schools affiliated with a university would likely use the university’s accreditor to maintain access to federal student aid programs.
Freestanding law schools would face a more complicated situation, as there are no other federally recognized accreditors specifically for J.D. programs. The Trump administration has not publicly detailed how those schools would retain access to federal student aid if the Department of Education rejects the ABA’s accreditation authority.
