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Law School DEI Rule Scrapped by ABA Ahead of Vote

By Ma Fatima | Dated: 09-09-2026

The American Bar Association (ABA) has repealed its DEI rule for U.S. law schools.

DEI stands for diversity, equity and inclusion.

The move comes as federal officials review the ABA’s role in law school accreditation.

On September 8, the ABA law school council voted to repeal Standard 206.

The rule dealt with diversity in legal education.

However, the council suspended the rule in February 2025.

As a result, law schools did not have to follow it.

The repeal comes as the U.S. Department of Education reviews the council’s federal status.

Key Takeaways

ABA Ends Law School DEI Rule

The ABA council approved the repeal during a special meeting on September 8.

The vote came after months of debate over Standard 206.

The rule set diversity standards for law schools.

However, the council suspended it in February 2025.

So, schools did not have to meet the rule during that time.

The latest vote now removes Standard 206 from the ABA’s rules.

Why the ABA Council’s Role Matters

The accreditation council is part of the ABA’s legal education section.

However, the council says it makes its own accreditation decisions.

This matters because federal rules require accrediting groups to act independently.

The ABA has also said it still supports diversity and equal access.

Meanwhile, federal officials are reviewing the council’s status.

Education Department Reviews ABA Status

The repeal comes during a separate federal review.

The U.S. Department of Education has raised concerns about the ABA council.

In August, the department issued a report that called for an end to the council’s federal recognition.

The ABA council is currently recognized to accredit law programs that lead to a first professional degree.

Therefore, the review could affect legal education across the country.

September Review Could Shape the Future

The National Advisory Committee on Institutional Quality and Integrity is called NACIQI.

NACIQI will review the issue on September 23-24.

First, the group will review the Education Department’s findings.

Next, it will make a recommendation.

However, the Education Department will make the final decision.

The ABA could also challenge a decision against the council.

As a result, law schools and legal educators will watch the review closely.

Why Accreditation Matters

Law school accreditation sets basic rules for legal education.

For example, ABA rules cover faculty, admissions and student services.

Accreditation also matters to law students.

In many states, graduates of ABA-approved schools can meet a key bar admission rule.

Therefore, changes could affect future lawyers.

For now, the September 8 repeal does not appear to change the status of current students.

Instead, the bigger issue is the council’s federal status.

States Challenge ABA Role

The federal review is not the ABA’s only challenge.

Several states have taken steps to reduce the ABA’s role.

These steps involve lawyer licensing and legal education.

For example, Texas, Florida and Alabama have challenged parts of the ABA’s role.

Meanwhile, other states are considering similar changes.

As a result, states could use different rules for legal education.

Some states could also change their law school or bar admission rules.

Therefore, the federal decision remains important for schools and future lawyers.

What the DEI Repeal Means for Law Schools

For law schools, the main change is clear.

Standard 206 is no longer part of the ABA’s rules.

However, schools must still meet the other ABA standards.

Those rules cover many parts of legal education.

For example, they cover academic quality, faculty, admissions and school operations.

The repeal also does not remove other laws.

Law schools must still follow federal and state laws.

Furthermore, the debate over DEI continues across higher education.

What It Means for Law Students

The repeal is unlikely to cause an immediate change for most current law students.

Instead, students should watch the larger review.

If the ABA keeps its federal recognition, the current system will mostly continue.

However, losing that status could create uncertainty for law schools.

Students should not assume the September 8 vote changes their degree or bar eligibility.

For now, the federal review is the bigger issue.

ABA Accreditation Timeline

2023: Supreme Court Admissions Decision

In 2023, the U.S. Supreme Court issued a major ruling on race-conscious admissions.

The ruling later became part of the debate over diversity policies.

February 2025: Standard 206 Suspended

In February 2025, the ABA council suspended Standard 206.

Therefore, law schools did not have to meet the rule while it was suspended.

August 2026: Federal Review Intensifies

In August 2026, the Education Department issued a report on the ABA council.

The report questioned whether the council meets federal rules.

It also called for an end to the council’s federal recognition.

September 8, 2026: DEI Rule Repealed

On September 8, 2026, the ABA council voted to repeal Standard 206.

As a result, the suspended rule was removed from the ABA’s standards.

September 23-24, 2026: Federal Review

NACIQI is set to review the Education Department’s findings on September 23-24.

After the review, the group will make a recommendation.

The Education Department will then make the final decision.

What Happens Next?

The repeal removes one major issue from the debate.

However, the larger federal review remains open.

The next major step will come from the Education Department.

Meanwhile, law schools, students and legal educators will watch the process.

The final decision could determine whether the ABA remains the federally recognized accreditor for U.S. law schools.

For the legal field, the dispute raises a bigger question.

Who should set legal education standards in the United States?

As a result, the debate could continue for months.

FAQs

What is the ABA DEI rule for law schools?

Standard 206 was the ABA’s diversity rule for law schools.

The rule covered diversity in legal education.

However, the ABA council suspended it in February 2025.

On September 8, 2026, the council voted to repeal it.

Why did the ABA repeal Standard 206?

The repeal follows months of debate over the rule.

It also comes during a federal review of the ABA council.

Meanwhile, the Education Department has raised concerns about the council.

It has also questioned the council’s federal status.

Is the ABA still the law school accreditor?

Yes.

The ABA council remains a federally recognized accreditor for legal education programs.

However, the Education Department is reviewing that status.

Therefore, the council’s future federal status is uncertain.

When will the ABA accreditation decision be made?

NACIQI is set to review the issue on September 23-24.

First, the group will review the Education Department’s findings.

Then, it will make a recommendation.

Finally, the Education Department will make the decision.

Will the repeal affect current law students?

The repeal itself does not appear to create an immediate change for current law students.

However, a future change to the ABA’s status could affect law schools.

Therefore, students should follow the federal review.

Does the ABA still support diversity?

The ABA has said it still supports diversity and equal access.

At the same time, the accreditation council makes its own decisions.

Therefore, the repeal of Standard 206 does not change every ABA policy on diversity.

Could law school accreditation change?

Yes, it could.

The Education Department is reviewing the ABA council’s federal recognition.

If that status changes, law school accreditation could face uncertainty.

For now, however, the ABA council remains a federally recognized accreditor.

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The post Law School DEI Rule Scrapped by ABA Ahead of Vote first appeared on JDJournal Blog.

 
 

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