On 2 May 2025, the Standards Committee of the ABA’s Section of Legal Education and Admissions to the Bar issued a memo recommending that enforcement of Standard 206, which governs diversity and inclusion in law school accreditation, remain suspended until 31 August 2026. This recommendation comes ahead of the Section’s Council meeting scheduled for 9 May 2025.
Standard 206 has been under scrutiny following a wave of federal executive orders aimed at dismantling Diversity, Equity, and Inclusion (DEI) initiatives in academic institutions. A January 2025 executive order mandates the removal of DEI policies in education, while an April 2025 order further directs the U.S. Department of Education to penalise accreditors who consider diversity in accreditation decisions. The latter order also requires accreditors to focus on student outcomes without reference to demographic data and encourages universities to prioritise intellectual diversity among faculty.
In light of these developments, the ABA Council—recognised as the sole accrediting body for U.S. law schools—had earlier suspended enforcement of Standard 206 through August 2025. The committee’s latest memo proposes a one-year extension, citing “extraordinary circumstances” and the risk of “extreme hardship” for multiple law schools if the standard remains enforceable.
During the suspension, the ABA Council will not issue guidance, conduct evaluations, or take action regarding compliance with Standard 206. The memo also references ongoing litigation between the ABA and the U.S. Department of Justice, underscoring the legal and regulatory uncertainty surrounding diversity-based accreditation criteria.