Achieving Diversity in the Legal Profession through the Educational Pipeline

1. Achieving Diversity in the Legal Profession through the Educational Pipeline Prepared by the ABA Council For Racial and Ethnic Diversity in the Educational Pipeline

2. Overview • The diversity pipeline: • What is it? • Why is it important? • Leaks and blockages along the pipeline • The numbers: • Early education data • Law school demographics • Law school admission shut-out rates • Bar passage rates American Bar Association Pipeline Council

3. Overview(continued) • Impact of the numbers on • The legal profession • The judiciary • Interventions – what works • What YOU can do • Resources American Bar Association Pipeline Council

4. What Is the Educational Pipeline? • The educational route to the legal profession for students • Encompasses early education (Pre-K to 12), college (2-year and 4-year), and law school (including the bar exam) American Bar Association Pipeline Council

5. Why Is It Important? • A robust, diverse educational pipeline ensures continued diversity in the profession and judiciary • Visible diversity in the legal profession and judiciary supports the public’s trust and confidence and enhances perceptions of fairness in the legal system • The pipeline is the pathway to success in the profession American Bar Association Pipeline Council

6. Why Is It Important?(continued) • Lawyers occupy critical leadership positions and engage in policymaking impacting our communities • Lawyers account for: 100% Judges 58% U.S. Senators 37% U.S. Representatives 40% Governors 50% Presidents 11% Major CEO’s (Data current as of 2012) American Bar Association Pipeline Council

7. Why Is It Important?(continued) • The educational pipeline is the pathway to a successful career in the law • A law degree and legal experience open doors and create opportunities unlike many other professional credentials: “Always make the choice that brings you more choices” – choosing the legal profession leads to better options American Bar Association Pipeline Council

8. Critical Leaks Along the Pipeline • Achievement gap • Dropout and expulsion rates in early years • Community college pipeline • Disparities in law school admissions and academic support • Law school admission shut-out rate • Bar passage American Bar Association Pipeline Council

9. The Achievement Gap • The disparity in academic performance between groups of students • Achievement gap shows up in grades, standardized test scores, course selection, dropout rates, and college completion rates, among other success measures Source: Education Weekhttp://www.edweek.org/ew/issues/achievement-gap American Bar Association Pipeline Council

10. The Achievement Gap • The promise of a quality education is an important civil and human right that has yet to be fully realized in the American public education system (see NAACP Fact Sheet- African Americans and Education). • We need to focus on the documented gaps in educational opportunity and achievement that separate low income students and students of color from others Source The Education Trust, http://www.edtrust.org/sites/edtrust.org/files/USA_0_0.pdf American Bar Association Pipeline Council

11. Achievement GapSource: The Education Trusthhttp://www.edtrust.org/sites/edtrust.org/files/USA_0_0pdf American Bar Association Pipeline Council

12. The Achievement Gap • In 2006–07, approximately 16 percent of all elementary and secondary public school students (or 7.7 million students) attended high-poverty schools including: See US DOE, National Center for Education Statistics, http://nces.ed.gov/ccd/pubschuniv.asp American Bar Association Pipeline Council

13. Achievement Gap • Percentage of Public Elementary and Secondary School Students in High-Poverty Schools by Race/Ethnicity and Locale: School Year 2006–07 Source: U.S. Department of Education, National Center for Education Statistics, Common Core of Data, Public Elementary/Secondary School Universe Survey, 2006–07, American Bar Association Pipeline Council

14. The Achievement Gap • Data show that low-income students and students of color achieve at high levels when schools and school systems are organized to support student success Source: The Education Trust, Education Watch (April 2009) • Investment in early childhood development for disadvantaged children provides a high return to society through increased personal achievement and social productivity Source: www.heckmanequation.org American Bar Association Pipeline Council

15. Drop-Out Rates • Nationwide, 7,000 students drop out of school every day; only about 70 percent of students graduate from high school with a high school diploma. See U.S.DOE, ttp://nces.ed.gov/ccd/pubschuniv.asp • Two thousand high schools in the United States produce more than half of all dropouts. A recent study suggests that in the 50 largest cities, only 53 percent of students graduate on time. • Research shows that children of color attend “dropout factories” at significantly higher rates. See Comm. on Educ. and Labor, http://www.edlabor.house.gov/.../o5/high-school-dropout-crisis-thr.shtml American Bar Association Pipeline Council

16. Drop-Out Rates 16 to 24 year olds by Race/Ethnicity Source: US DOE National Center for Education Statistics, Condition of Education, Indoator 20,NCES2009-081 American Bar Association Pipeline Council

17. School to Prison Pipeline (STTP) What is the “School to Prison Pipeline”? Policies and practices pushing school children, in particular minority and low income students, out of the classroom and into the juvenile and criminal justice system See What is the School to Prison Pipeline? ACLU at http://www./ac;ui/prg/raciial-justice/what-school-prison-pipeline American Bar Association Pipeline Council

18. School to Prison Pipeline Factors Accounting for the STPP: • Inadequate resources in public schools • Zero-tolerance and other school discipline (increase in school suspensions from 1.7M in 1974 to 3.1M in 2000) • Increased reliance on police • Disciplinary alternative schools • Juvenile detention facilities • Barriers to re-entry into traditional schools American Bar Association Pipeline Council

19. School to Prison Pipeline Models for addressing the STPP: • School-Wide Positive Behavioral Interventions and Supports (SWPBS) See http://www.dignityinschools.org/print/247 • Restorative Justice Practices See http://www.ousd.k12.ca.us/restorativejustice American Bar Association Pipeline Council

20. School to Prison Pipeline Proposed Federal Legislation to address STPP: • Annual reporting of disciplinary indicators • Mandatory technical assistance with disparate rates of exclusionary discipline • Federal funds to develop inclusive approaches to school discipline See Dismantling the School to Prison Pipeline, NAACP Legal Defense Fund (LDF) See LDF Testimony 12/10/12, US Senate Committee on the Judiciary, Subcommittee on Constitution, Civil Rights and Human Rights http://www.naacpldf.org/case/school-prison-pipeline American Bar Association Pipeline Council

21. College Enrollments • Race and family income are highly correlated with whether a student immediately enrolls in college. • The immediate college enrollment rates of high school graduates from low and middle-income families trailed those of their peers from high-income families by more than 10 percentage points in each year between 1972 and 2007. Source: US DOE “The Condition of Education 2009” American Bar Association Pipeline Council

22. College Enrollments • In 2007, the enrollment rate gap between students from low and high-income families was 23 percentage points and the gap between students from middle and high-income families was 15 percentage points. • In 2007, the immediate college enrollment rate was 70 percent for white high school graduates and 61 percent for Latino high school graduates, compared with 56 percent for African American high school graduates. Source: US DOE, “The Condition of Education 2009” American Bar Association Pipeline Council

23. Law School Applicants: Interest In Law As Freshmen by Race/Ethnicity and GenderSource: LSAC 2013, Behind the Data, Freshman Survey Left graph, Males; Right graph, females Blue, Black/African American; Red, Hispanic/lLatino; Purple, Caucasian/White; Green, Asian/Pacific Islander American Bar Association Pipeline Council

24. 2006 College Graduation RatesSource: The Education Trust,Education Watch National Report, April 2009 American Bar Association Pipeline Council

25. Community College Pipeline • Two-year institutions are becoming more popular starting points for law school applicants • Students who begin undergraduate education at two-year colleges perform comparably to those who begin at four-year institutions in both law school admission success and first- year law school performance See LSAC Report: “From Two-Year Institutions to Law School” American Bar Association Pipeline Council

26. Community College Pipeline • Community colleges have historically enrolled approximately half of all undergraduate students of color • Who is attending? 7.7 million students enrolled Average age: 28 years old Whites: 54% Hispanic: 16% Black: 14% Asian/Pacific Islander: 6% Other/Unknown: 11% Source: Graphic Sociology at http://thesocietypages.org/graphicsociology/2012/07/23/demographics-of-community-colleges-in-america/ American Bar Association Pipeline Council

27. Community College Pipeline Community colleges are an important access point for low-income and poorer students: • Between 1989-1990 and 2009-2010 community college graduations increased at a greater pace than initial enrollments • During the 2007-2008 period, community colleges enrolled 1.7M or 41% of all undergraduate students living in poverty • During 2007-2008 one in five community college students lived in poverty See Why Access Matters: The Community College Student Body at http://www.aacc.nche.edu/Publications/Briefs/Documents/PB_AccessMatters.pdf American Bar Association Pipeline Council

28. Community College Pipeline • Increasing law school recruitment efforts at two-year colleges may positively impact the diversity of future applicant pools • More law school applicants, especially Hispanic/Latino applicants, are beginning their undergraduate education at more racially diverse two-year institutions • Given increases intuition, population shifts, and the current economic climate, trend is likely to continue See LSAC Report: “From Two-year Institutions to Law School” American Bar Association Pipeline Council

29. Issues Impacting Law School Disparities • Admissions practices • Shut-out rates • Law school rankings • Law school enrollment, tuition, debt • Financial support (needs vs. merit based) • Academic support • Stereotype threat/Implicit bias • Working within affirmative action limitations American Bar Association Pipeline Council

30. Admissions Practices Law school admissions criteria track key factors accounting for US News Rankings: • LSAT • GPA • No consideration is given to factors that account for the successful practice of law as outlined in studies by Marjorie Shultz and Sheldon Zedeck(Shultz & Zedeck, Identification, Development and Validation of Predictors for Successful Lawyering, 2009) American Bar Association Pipeline Council

31. Admissions Practices • Shultz& Zedeck identify 26 factors for effective lawyers, and testing tools that supplement the LSAT Testing tools are race neutral American Bar Association Pipeline Council

32. Admissions Practices Shultz & Zedeck’s 16 factors: • Analysis and Reasoning • Creativity/Innovation • Problem Solving • Practical Judgment • Providing Advice & Counsel and Building Relationships with Clients • Fact Finding • Researching the Law • Speaking • Writing American Bar Association Pipeline Council

33. Listening • Influencing & Advocating • Questioning & Interviewing • Negotiation Skills • Strategic Planning • Organizing and Managing (Own) Work • Organizing and Managing Others (Staff/Colleagues) • Evaluation, Development, and Mentoring • Developing Relationships in Legal Profession American Bar Association Pipeline Council

34. Networking and Business Development • Community Involvement and Service • Integrity & Honesty • Stress Management • Passion & Engagement • Diligence • Self-Development • Able to See the world Through the Eyes of Others American Bar Association Pipeline Council

35. Law School Demographics(See ABA/LSAC Guidebook) American Bar Association Pipeline Council

36. Law School Demographics(See LSAC Data re: Matriculants) American Bar Association Pipeline Council

37. Law School Shut-Out Rates The numbers of student applicants who are not accepted at ANY law school Source: LSACNet.org, (See Data Volume Summaries by Ethnic and Gender Group and LSAT Technical Report 08-03). Includes all ABA-accredited schools. American Bar Association Pipeline Council

38. Law School Rankings • US News & World Report Law School Rankings influence admissions policies • Rankings do not include factors accounting for successful practice of law (e.g. Shultz & Zedeck Factors for Effective Lawyering) American Bar Association Pipeline Council

39. Law School Rankings Methodology Quality Assessment (40%): Peer Assessment (0.25) Assessment by lawyers/judges (.15) Selectivity (25%): Median LSAT Score (.125) Median undergrad GPA (.10) Acceptance rate (.025) See http://www.usnews.com/education/best-graduate-schools/top-law-schools/articles/2013/03/11/methodology-best-law-schools-rankings American Bar Association Pipeline Council

40. Law School Rankings Methodology Placement success (20%) • Employment rates (.04 at graduation and .14 at 9 mos. after) • Bar Passage (.02) Faculty Resources (15%): • Expenditures per student • Support services (.0975) and Financial Aid (.015) • Student/faculty ratio (.03) • Library resources (.0075) American Bar Association Pipeline Council

41. Law School Enrollment, Tuition, Debt • Applications dropped to 54,000 annually • First Year enrollment down to under 40,000 from 50,000 in 2010 • Jobs are scarce—especially for lower tier • Average tuition has risen to $40,000/year From $23,000 in 2001 • Average debt on graduation risen from $70,000 in 2001 to $125,000 in 2011 See “The Lawyer Bubble” by Stephen J. Harper American Bar Association Pipeline Council

42. Financial Support • Law schools compete for admission of top students to improve law school ranking • Emphasis on merit-based scholarships to attract high-performing students (instead of needs-based scholarships to attract low income, underrepresented and diverse students) American Bar Association Pipeline Council

43. Academic Support • Academic support is critical in increasing performance by low-income students and many students from diverse backgrounds • Academic support programs are becoming diluted to include all students, focusing on increasing overall bar pass rate for law school rankings purposes American Bar Association Pipeline Council

44. Stereotype Threat/Implicit Bias • Understanding and addressing concepts of Stereotype Threat and Implicit Bias are critical to positive support, confidence and performance of diverse students throughout law school and bar exam preparation American Bar Association Pipeline Council

45. Stereotype Threat/Implicit Bias • Stereotype threat: negative expectations communicated to students (in particular minority/low income students) resulting in low performance see additional resources at http://reducingstereotypethreat.org/definition.html American Bar Association Pipeline Council

46. Stereotype Threat/Implicit Bias • Performance, or the perception of performance, is also impacted by the unconscious mental processes found in the minds of those with whom we interact • Implicit biases are those that we carry without awareness or conscious direction. These biases are learned unconsciously through exposure to social stereotypes and attitudes. American Bar Association Pipeline Council

47. Stereotype Threat/Implicit Bias • Implicit bias impacts classroom environment, curriculum, and ultimate performance of students See http://www.equaljusticesociety.org/law/implicitbias/ • Implicit Association Tests developed at Harvard, University of Virginia and University of Washington to measure unconscious bias. For Implicit Association Test (IAT) see https://implicit.harvard.edu/implicit/demo/ American Bar Association Pipeline Council

48. Affirmative Action Limitations • State Propositions: • California: Proposition 209 http://law.onecle.com/california/constitution/article_1/31.html • Michigan: Proposal 2 http://www.civilrights.org/equalopportunity/michigan/proposal_text.html • Washington: Initiative 200 http://www.secstate.wa.gov/elections/initiatives/text/i200.pdf • Fisher v. Texas (Pending US Supreme Court) http://www.lawyerscommittee.org/projects/education/page?id=0003 and http://en.wikipedia.org/wiki/Fisher_v._University_of_Texas American Bar Association Pipeline Council

49. Bar Passage DataSource: ABA Committee of Bar Examiners American Bar Association Pipeline Council

50. Impact of the Pipeline on the Legal ProfessionSource: ABA Lawyer Demographics American Bar Association Pipeline Council