Education Department Staff Recommend Stripping the American Bar Association of Its Power to Accredit Law Schools

In a report made public on Aug. 21, career staff at the Education Department recommended that the American Bar Association lose the federal recognition it needs to accredit law schools, saying it had failed to keep its accrediting arm and its trade-association arm "separate and independent." The ABA accredits nearly 200 law schools and determines whether schools not affiliated with a university may accept federal student aid. David Barker, assistant secretary for postsecondary education, told The Wall Street Journal that accreditation "operates like a cartel."

Withdrawing recognition would shift federal leverage over legal education, and the recommendation follows years of open conflict between the administration and the ABA, which sued over executive orders targeting law firms and was barred from vetting judicial nominees.

An independent advisory board meets next month to consider the recommendation, after which a senior official weighs in and the ABA may appeal to Secretary Linda McMahon. Accreditation council chair Melissa Hart said the council is confident it complies. The Education Department declined to comment.