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ABA Decision Prompts Need for Variances in Law School Admissions: JD-Next Exam Update

ABA Declines Full Approval for JD-Next Program

The American Bar Association (ABA) Council of the Section of Legal Education and Admissions to the Bar has decided the status of the JD-Next program, an alternative law school admissions initiative. Contrary to expectations, the ABA has not granted full approval to JD-Next, rejecting the proposal to elevate it to the same level as the LSAT and the GRE in terms of credibility.

ABA’s Decision and Recommendations

At the recent council meeting held in New Orleans, the ABA’s standards committee chair, Daniel Thies, recommended against granting full approval to JD-Next. Instead, the committee proposed that further data collection and analysis are necessary to ascertain the program’s validity and reliability as a predictor of law school grades. This referred to a report commissioned by the ABA, authored by Nathan Kuncel from the University of Minnesota, which highlighted certain cautions and limitations in the available data regarding JD-Next.

JD-Next Program Overview

JD-Next operates through an eight-week online contracts course followed by a law school-style exam, aiming to assess prospective law students’ aptitude. Although approximately 47 law schools have received special ABA permission to consider JD-Next scores for admissions, the program’s full acceptance is pending further evaluation.

Perspectives and Arguments

Supporters of JD-Next argue that it provides a more equitable assessment of law school aptitude, potentially mitigating racial score disparities observed in traditional standardized tests like the LSAT. Notably, a 2019 study highlighted significant score gaps between different demographic groups in the LSAT results.

David Klieger of Aspen Publishing, the program director for JD-Next, expressed disappointment over the ABA’s decision but emphasized that institutions still have the option to incorporate JD-Next through the use of a variance. Klieger reiterated the conclusions of the commissioned report, asserting that JD-Next remains a valid and reliable predictor of law school performance.

“We are incredibly proud of the JD-Next program and its results to date. While it is disappointing that the American Bar Association (ABA) did not grant full approval for the JD-Next final exam to be used by all law schools, institutions still have the option to incorporate JD-Next through the use of a variance, and potential law students continue to benefit from it. It is clear there is strong support for the program and the conclusion of the commissioned report is that JD-Next is a valid and reliable predictor of law school performance.

We take pride in the fact that 47 institutions have already adopted the program, demonstrating their commitment to innovation and equity in the admissions process. The 2024 program is currently open for enrollment, and we are confident that the outcomes will continue to demonstrate the program’s effectiveness, paving the way for full approval under Standard 503.” – Program Director, David Klieger

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