Full Breakdown
Trump Administration Considers Stripping ABA Law School Accreditation of Federal Recognition
By Drooid · · How we work
Core Decision and Potential Impact
The Education Department is expected to rule by late December on whether to retain federal recognition of the American Bar Association’s (ABA) law-school accrediting arm—a status it has held since 1952. The decision rests with Under Secretary of Education Nicholas Kent after a deadlocked vote by the National Advisory Committee on Institutional Quality and Integrity (NACIQI). Department staff have recommended denial, citing non-compliance with more than 26 federal recognition criteria. Losing federal recognition would not automatically end the ABA’s accreditation of law schools, but it could accelerate state efforts to approve alternative pathways, potentially reshaping how legal education is delivered and who may sit for bar exams.
Recent State Shifts Away from ABA Dominance
Since January, Texas became the first state to end exclusive reliance on ABA accreditation for bar eligibility, with the state Supreme Court assuming authority to approve qualifying schools. Florida followed nine days later, and other states—including Ohio (May proposal), Tennessee, Alabama and Washington—have taken steps to reduce dependence on the ABA. These moves raise questions about portability of law-school credentials across state lines, as graduates from non-ABA-approved programs may face additional hurdles in states that retain traditional requirements.
Key Figures and Arguments
- He predicts a large group of states will eventually move away from ABA reliance.
- Sarah Parshall Perry, attorney and vice-president of the nonprofit Defending Education, notes that most law schools are part of larger universities with institutional accreditation, so federal-aid access will largely remain intact. She estimates roughly 15 standalone law schools could encounter funding complications if the ABA loses recognition, and contends that removing ABA oversight could improve legal education quality.
Official Responses and Regulatory Actions
Associate Attorney General Stanley Woodward issued a 15-day letter to the ABA demanding justification for its faculty-requirement rules, alleging they restrict competition and raise tuition. In September, the ABA’s accrediting council voted 10-6 to repeal Standard 206, which mandated diversity and inclusion commitments. The ABA has disputed the Department’s findings and defended the independence of its accrediting council.
Verbatim Quotes
- “I think the biggest thing is, everyone should know that the federal recognition of the ABA is just the first step,” — Adam Biggs, general counsel of the University of Austin
- “Right now, the model they force makes it impossible to cut overhead, and it's going to be an expensive product,” — Adam Biggs, general counsel of the University of Austin
- “That makes the decision for you. Because you need to live in a big city to go work at a firm to pay off your massive amount of debt.” — Adam Biggs, general counsel of the University of Austin
- “Eventually there's gonna be a very large group of states that are not ABA or nothing,” — Adam Biggs, general counsel of the University of Austin
- “So unless you are a freestanding law school that only relies on the ABA, your students are gonna be fine,” — Adam Biggs, general counsel of the University of Austin
- “These law students are actually going to get a better education,” — Sarah Parshall Perry, attorney and vice president of nonprofit Defending Education, similarly
