New variance process lets law schools bypass standardized tests for up to 100% of incoming classes
The American Bar Association (ABA) has voted to establish a new variance process that will allow law schools to admit students without the Law School Admission Test (LSAT) or other standardized admission tests, such as the GRE. This new measure, passed on Friday by the ABA’s Council of the Section of Legal Education and Admission to the Bar, could allow law schools to bypass the LSAT requirement for up to 100% of their incoming classes over a three- to five-year period.
A new chapter for law school admissions
The new variance comes as part of an ongoing debate about the role of standardized tests in law school admissions. In recent years, there has been growing concern that the LSAT, along with other standardized tests, may contribute to inequities, particularly among racial minorities. The new variance system is aimed at giving individual law schools more flexibility to experiment with admissions criteria, without the rigid requirement of standardized tests.
The ABA’s decision to allow law schools to bypass standardized tests comes after years of discussion over whether the exam is a fair and effective way to select students. While the law school accreditation standards have previously required standardized test scores, the ABA now seeks to give schools more room to experiment with their admissions practices in a controlled manner. Law schools that choose to adopt this new variance will have to share data with the ABA, helping the organization track how these changes impact applicant demographics, admissions patterns, and bar exam performance.
Supporters of the new variance argue that removing the LSAT requirement will help increase diversity in the legal field. A 2019 study revealed significant racial disparities in LSAT scores, with Black test-takers averaging a score of 142 out of a possible 180, compared to 153 for white and Asian candidates. By eliminating the need for the LSAT, proponents argue that law schools could encourage a broader range of applicants, especially from underrepresented groups.
Furthermore, removing the LSAT requirement would save applicants the significant costs of preparing for and taking the test. Critics of standardized testing in law school admissions argue that the LSAT is an additional financial barrier that can discourage prospective students, particularly those from lower-income backgrounds, from pursuing a law degree.
A balanced approach
Despite the support for eliminating the LSAT requirement, there have been concerns about the potential risks. Critics, including the Law School Admission Council (LSAC), the organization behind the LSAT, argue that removing the test could lead to more subjective admissions processes. Many law deans raised alarms about the potential for increased reliance on factors like the prestige of an applicant’s undergraduate school, which could disadvantage minority students.
In response to these concerns, the ABA’s House of Delegates rejected a proposal to fully remove the standardized test requirement in early 2023. However, the new variance process, which allows for experimentation, is seen as a compromise. It gives law schools the freedom to adapt their admissions criteria but also ensures that the ABA collects valuable data on the impact of the changes. Nova Southeastern University Law Dean Beto Juárez, who chaired the working group that developed the variance process, emphasized the importance of gathering data to assess whether the new approach truly improves access to legal education and supports diverse applicants.
Schools that opt for the new variance will be required to collect and share data with the ABA. This data will be used to assess a variety of factors, including whether the changes increase the number of applicants, whether the demographics of those applying and enrolling change and how students admitted without standardized test scores perform on the bar exam. The ABA has partnered with AccessLex Institute to analyze this data and determine whether the new admissions processes lead to positive outcomes for law students and the legal profession as a whole.
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