The article cites the example of the University of the District of Columbia David A. Clarke School of Law, one of the nation's six ''historically black law schools.'' In 1998, an estimated 70 percent of the entering class was black. However, ten years later, that percentage had plunged to an estimated 30 percent, due to the ABA's directive that the school ''examine its admissions standards and low first-time bar-passage rates.'' In doing so, the school began accepting students with higher credentials, but as LSAT scores rose, the number of black students declined.
The first push for change in standards came in 2007, and the issue remains just as controversial now as it was then.
As it stands now, the ABA's current requirement is that, according to the article, ''at least 75 percent of a law school's graduates pass the bar exam in at least three of the past five years. Schools can also meet the standard if their first-time bar-passage rate is no more than 15 percent below other ABA schools in the same state during three of the past five years. The 15 percent requirement is intended to level the playing field across states, given that passage rates vary widely depending on jurisdiction. The outcome was a compromise, representing a minimum standard higher than what diversity advocates wanted but lower than the initial proposal.''
However, many see this as too low of a threshold for bar passage compliance. In addition, according to the article, ''some law school administrators have interpreted compliance to mean that they don't have to meet other standards pertaining to educational objectives and admissions.''
According to Susan Westerberg Prager, executive director of the Association of American Law Schools, this would force law schools to be more mindful of preparing students for admittance to the bar. However, she explained the change could discourage schools from accepting students from underrepresented groups who historically have lower average grades and LSAT scores.
LeRoy Pernell, dean of Florida A&M University College of Law, was quoted as saying: ''When you pick a number, whether it's 75 percent or 80 percent, and the statistics tell you that virtually every historically black college will be in noncompliance, it's a matter of grave concern. We have yet to see the full impact of the 75 percent standard, as far as whether it's accomplishing what it was intended to accomplish. What purpose is served trying to change it barely four years later?''
However, North Carolina Central University School of Law Dean Raymond Pierce disagreed, and was quoted as saying: ''I don't appreciate historically black law schools being cast as those most in danger by this. I can think of many other law schools in this country that would have more problems than we would have.''
Polden was quoted as saying: ''I think this issue is just coming back on people's radar screens. There will be more concerns that surface. Some of the law schools that are on the cusp of an 80 percent bar-passage rate know that a lot more will be demanded of them in order to get their graduates to meet that.''
The Committee, which met in early July to discuss the issue, has not yet reached a final decision.
