ABA Opens Door for Law Schools to Move Beyond LSAT in Admissions Process
In a significant shift for legal education, the American Bar Association (ABA) has recently established a pathway allowing law schools to admit students without requiring the Law School Admission Test (LSAT) or other standardized exams. The ABA’s Council of the Section of Legal Education and Admission to the Bar approved a new variance process that enables law schools to apply for permission to bypass the standardized test requirement for up to 100% of their incoming students. This pilot option will run for three to five years, sparking new debate around the role of standardized testing in law school admissions.
A Shift in Longstanding Standards
Historically, the ABA has required law schools to include the LSAT or an alternative “valid and reliable” admissions test, such as the GRE, as part of the admissions process. However, this new variance process reflects evolving views on what should be required for law school admission, a move supporters believe will encourage innovative approaches and could improve diversity among law students.
In 2022, the ABA initially proposed a complete removal of standardized test requirements for law school accreditation. The idea was to allow greater flexibility in admissions criteria, as no other professional accrediting body mandates a specific standardized test. While many professional programs like medical schools continue to use standardized testing, it remains optional rather than required. However, the ABA's proposal faced pushback, particularly among law deans concerned that the change would lead admissions offices to rely more on subjective factors, such as undergraduate institution prestige, potentially disadvantaging minority applicants.
Addressing Diversity and Cost Concerns in Law School Admissions
The Law School Admission Council (LSAC), which administers the LSAT, has previously defended the test, attributing the observed score disparities to broader racial and economic inequalities in education rather than to any inherent bias within the test itself.
Striking a Compromise with a Controlled Pilot Program
After the House of Delegates rejected the proposal to fully remove the LSAT requirement, the ABA’s council convened a working group to develop an alternative approach. Led by Nova Southeastern University Law Dean Beto Juárez, the group introduced the variance process as a controlled pilot program to enable a thorough examination of the impacts of test-optional admissions.
Schools that apply for and receive the variance will provide the ABA with data on the applicants admitted without standardized test scores. Working in partnership with AccessLex Institute, the ABA will analyze this data to monitor changes in applicant demographics, enrollment numbers, and bar exam outcomes. This evidence-based approach allows the ABA to assess whether test-optional policies can indeed foster diversity without compromising the quality of legal education or graduates’ readiness for the bar exam.
Expanding Experimental Admissions Options
Currently, the ABA allows schools to admit up to 10% of their incoming students without standardized test scores, a policy that has seen limited use among law schools. The new variance, however, offers a far greater scope for experimentation. Under the variance, schools could admit entire classes without relying on the LSAT or GRE for admissions, an option that could fundamentally change the landscape of law school admissions if widely adopted.
Moving Forward with Measured Innovation
The ABA’s new variance process signals a willingness to explore alternatives to the LSAT without immediately overhauling the entire admissions process. As more schools adopt the variance and data becomes available, the ABA will have a clearer understanding of the effects on diversity, access, and academic outcomes.
