Law.com, Law Schools Can Apply for Variance to Admit Students Without LSAT:

While the American Bar Association’s Section of Legal Education and Admissions has hit ”pause” on deciding whether to allow law schools to make admission tests optional, there may still be ways around the LSAT.

During the council of the ABA Section of Legal Education and Admissions to the Bar’s hybrid meeting in Chicago on Friday, Bill Adams, managing director of ABA accreditation and legal education, said that the question of whether to make law schools test-optional is simply on hold—no permanent decision has been reached other than Council voting in May not to send the proposal back to the House of Delegates.

“We’re aware that in light of the recent Supreme Court opinion [invalidating affirmative action], many schools, maybe all schools, are taking a new look at their admissions policies,” Adams said. “So we do welcome schools who, in considering their policies, may want to apply for a variance that would permit them in this policy period to admit some students without an LSAT.

“I just want to tell everyone, you’re welcome to contact the office if you want to submit that kind of variance,” Adams continued. “We will be glad to help you and explain the variance process to you.”

ABA Journal:

Also on Friday, Bill Adams, managing director for accreditation and legal education at the ABA, discussed the status of proposed amendments to Standards 501 and 503. Both focus on law school admissions, and Standard 503 requires an entrance exam.

In February, the House of Delegates rejected a Section of Legal Education resolution to remove the entrance exam requirement from Standard 503. Less than two weeks later, the council voted to submit the proposal again at the ABA Annual Meeting. But by its next public session in May, it paused the plan in light of concerns from law school deans.

Adams stressed that this was not a permanent withdrawal of the resolution, and the council may at some point resubmit it to the ABA House of Delegates. He referenced Students for Fair Admissions Inc. v. President and Fellows of Harvard College, the recent U.S. Supreme Court opinion that found admissions decisions must be based on the individual student’s experience and perseverance, not their race.

“We are aware that in light of the recent SCOTUS opinion, many schools—maybe all schools—are taking a new look at admissions policies. We welcome all schools to apply for a variance to admit some students without an LSAT. If you want that kind of a variance, we would be glad to help explain the process to you,” he said.

Prior TaxProf Blog coverage:

• New York Times, ABA May Eliminate Standardized Tests For Law School Admissions (May 7, 2022)
• Wall Street Journal, ABA Council Votes To Advance Proposal Permitting Law Schools To Go Test Optional. What Are The Implications Of Admitting Students Who Don't Take The LSAT Or GRE? (May 23, 2022)
• Newsweek, In Defense Of The LSAT (May 28, 2022)
• Inside Higher Ed, The ABA Proposes Eliminating Standardized Tests For Law School Admissions (June 16, 2022)
• Law.com, So Far, Public Comments Largely Support ABA Proposal To Make Law School Admission Tests Optional (June 22, 2022)
• Wall Street Journal, The LSAT And Other Standardized Tests Are Good For Diversity (July 25, 2022)
• Law.com, ABA Gaining Public Support In Proposal To Make Law School Admission Tests Optional (Aug. 3, 2022)
• ABA Journal, ABA Loosens Distance Learning Accreditation Standard; Council Withdraws Diversity Proposal After Public Criticism (Aug. 9, 2022)
• Higher Ed Dive, More On The ABA's Proposal To Make Law School Admission Tests Optional (Aug. 27, 2022)
• ABA, Over 100 Comments On Proposal To Make Law School Admission Tests Optional (Sept. 5, 2022)
• Letter, Sixty Deans Oppose The ABA's Proposal To Make Law School Admission Tests Optional (Sept. 2, 2022)
• Law.com, As ABA Deadline Ends, More Than 100 Public Comments Highlight Split Over Law School Admissions Test Requirement  (Sept. 7, 2022)
• Inside Higher Ed, If ABA Makes LSAT Optional, Will U.S. News Follow Its College Rankings Approach: Reduce Weight Given LSAT Medians (11.25%), Punish Schools (15% Reduction) With < 50% Test-Takers? (Sept. 14, 2022)
• Reuters, ABA Moves Closer To Ending LSAT Requirement For Law Schools (Nov. 8, 2022)
• Brian Leiter (Chicago), The End Of The LSAT Is Coming: What Will U.S. News Do? (Nov. 12, 2022)
• Reuters, Survey: Many Law Schools Won't Abandon LSAT If ABA Votes On Friday To Give Schools That Option (Nov. 16, 2022)
• ABA Legal Ed Council Votes 15-1 To Make LSAT Optional Beginning With Fall 2026 1L Class (Nov. 19, 2022)
• More Commentary On The ABA's Push To Make The LSAT Optional In Law School Admissions (Dec. 1, 2022)
• How Diversity Is Lingering Over The LSAT And U.S. News Law School Rankings (Jan. 26, 2023)
• ABA To Vote Today On Making LSAT Optional Beginning With Fall 2026 1L Class (Feb. 6, 2023)
• ABA House Of Delegates Rejects Proposal To Make The LSAT Optional; ABA Council To Consider Next Steps At Feb. 17 Meeting (Feb. 17, 2023)
• After ABA House Of Delegates Rejected Proposal To Let Law Schools Be Test-Optional, 21-Member ABA Council Votes To Resubmit It With Only One Dissenter: 'There Is More Education To Be Done' (Feb. 18, 2023)
• ‘Radical Turn Away’ From Admissions Tests? Deans Say Claims Of Increased Diversity From Making The LSAT Optional May Be Unfounded (Apr. 12, 2023)
• ABA Pauses Move To Eliminate LSAT Requirement For Admission To Law School (May 13, 2023)