Achieving Diversity in the Legal Profession through the Educational Pipeline Prepared by the ABA Council For Racial and Ethnic Diversity in the Educational Pipeline
The diversity pipeline: Overview 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 2
Overview (continued) Impact of the numbers on The legal profession The judiciary Interventions what works What YOU can do Resources 3
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) 4
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 5
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) 6
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 7
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 8
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 Week Achievement Gap Resources www.edweek.org/ Pipeline Council 9
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, www.edtrust.org/sites/edtrust.org/files/usa_0_0.pdf 10
Achievement Gap Source: The Education Trust www.edtrust.org/sites/edtrust.org/files/usa_0_0.pdf Group 4 th Grade Proficiency 2007 National Assessment 8 th Grade Proficiency 2007 National Assessment High School Graduation Rates Public College Graduation Rates African 14% 11% 59% 41% American Asian 44% 49% 90% 64% Latino 17% 15% 61% 46% Native 20% 17% 62% 38% American White 41% 41% 91% 57% 11
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: Group % Attending High Poverty Schools African American 33% Latino 35% American Indian/ 25% Alaska Native API 13% White 4% See US DOE, National Center for Education Statistics, http://nces.ed.gov/ccd/pubschuniv.asp 12
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, 13
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 14
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, http://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 Committee on Education and the Workforce press release: High School Dropout Crisis Threatens U.S. Economic Growth and Competiveness http://democrats.edworkforce.house.gov 15
Year Drop Out Rates 16 to 24 year olds by Race/Ethnicity Source: U.S. DOE, National Center for Education Statistics, Common Core of Data, Public Elementary/Secondary School Universe Survey, 2006 07 Total includes groups not shown separately White Latino 2000 10.9 6.9 27.8 2001 10.7 7.3 27.0 2001 10.5 6.5 25.7 2003 9.9 6.3 23.5 2004 10.3 6.8 23.8 2005 9.4 6.0 22.4 2006 9.3 5.8 22.1 2007 8.7 5.3 21.4 16
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 www.aclu.org 17
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 18
School to Prison Pipeline Models for addressing the STPP: School Wide Positive Behavioral Interventions and Supports (SWPBS) See www.dignityinschools.org/print/247 Restorative Justice Practices See www.ousd.k12.ca.us/restorativejustice 19
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 www.naacpldf.org/case/school prison pipeline 20
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 middleincome 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 21
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 highincome 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 22
Law School Applicants: Interest In Law As Freshmen by Race/Ethnicity and Gender Source: 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 23
2006 College Graduation Rates Source: The Education Trust, Education Watch National Report, April 2009 Group Graduation Rate African American 41% Asian/Pacific Islander 64% Latino 46% American Indian/ Alaska Native 38% Whites 57% 24
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 firstyear law school performance See LSAC Report: From Two Year Institutions to Law School 25
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/ 26
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 www.aacc.nche.edu/publications/briefs/documents/pb_accessmatters.pdf 27
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 28
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 29
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) 30
Admissions Practices Shultz& Zedeck identify 26 factors for effective lawyers, and testing tools that supplement the LSAT Testing tools are race neutral 31
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 32
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 33
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 Pipeline Council 34
Law School Demographics (See ABA/LSAC Guidebook) Group 2011 Census 2010 American Indian/Alaska Native.8% 0.9% Asian 7.1% 4.8% Black/African American 7.1% 12.6% Caucasian/White 75.5% 56.1% Hispanic/Latino 7.5% 16.3% Native Hawaiian/Other Pacific Islander.3% 0.2% Two or More Races/Ethnicities 1.7% 2.9% Pipeline Council 35
Law School Demographics (See LSAC Data re: Matriculants) Group Fall 2010 Fall 2011 American Indian/Alaska Native 0.4% 0.4% Asian 7.1% 7.7% Black/African American 7.2% 7.2% Caucasian/White 65.9% 60.5% Hispanic/Latino 6.1% 5.9% Puerto Rican 1.6% 1.8% Two or More Races/Ethnicities 3.8% 5.5% 36
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. Applicant Group Total Applicants Mean LSAT Score Total Admitted Shut Out Rate African American Asian/Pacific islander Hispanic/ Latino Native American 95,870 142 38,240 60% 71,240 152 44,710 37% 73,880 145 39,490 47% 6,960 148 4,060 42% Caucasian 571,300 153 392,630 31% 37
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) 38
Law School Rankings Methodology U.S.News & World Report 2013 Best Law School Ranking 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) 39
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) 40
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 Pipeline Council 41
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) 42
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 43
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 44
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 45
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. Pipeline Council 46
Stereotype Threat/Implicit Bias Implicit bias impacts classroom environment, curriculum, and ultimate performance of students See 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/ 47
Affirmative Action Limitations State Propositions: California: Proposition 209 http://law.onecle.com/california/constitution/article_1/31.html Michigan: Proposal 2 www.civilrights.org/equal opportunity/michigan/ Washington: Initiative 200 www.secstate.wa.gov/elections/initiatives/text/i200.pdf Fisher v. Texas (Pending US Supreme Court) www.lawyerscommittee.org/projects/education/page?id=0003 and http://en.wikipedia.org/wiki/fisher_v._university_of_texas 48
Bar Passage Data Source: ABA Committee of Bar Examiners Total Minorities Taking Exam Passing (%) TOTALS 80,261 55,384 69% % of Total Passing Note: ABA and National Committee of Bar Examiners do not collect disaggregated demographic info for Bar Passage For an example of detailed demographic data see The State Bar of California site at: http://admissions.calbar.ca.gov/portals/4/documents/gbx/july2012stats.122112_r.pdf 49
Impact of the Pipeline on the Legal Profession Source: ABA Lawyer Demographics Group Lawyer Data % (Source: ABA) Population Data (2010 Census) White 88.1% 56.1% Asian 3.4% 4.8% Black 4.8% 12.6% Hispanic 3.7% 16.3% Pacific Islander No data 0.2% Native American No data 0.9% Other Minorities No data 6.2% Two or More Races No data 2.9% 50
Impact of the Pipeline on the Judiciary Source: ABA Standing Committee on Judicial Independence and 2010 US Census Group Longevity Judicial Demographics Population 2010 Census White 87.8% 56.1% Asian/Pacific Islander 1.3% 5.0% Black 6.5% 12.6% Hispanic 3.5% 16.3% Native American.11% 0.9% Other Minorities.77% 9.1% Totals 100% 100% 51
Interventions What Works Rigor, teaching critical thinking skills Instilling student confidence Setting goals Role models Longevity/continuity/stability of programs Long term investment, not short term fixes Data collection, program metrics 52
What YOU Can Do Attorney participation in pipeline programs: mentoring role models speaker bureaus internships field trips mock trial programs law themed schools 53
What YOU Can Do Attorney support for pipeline programs: Student scholarships for LSAT and bar prep courses Support for law themed school students: clothing for interviews and internships Support for law themed schools: supplies, trips, events 54
Model ABA Programs Judicial Clerkship Program www.americanbar.org/groups/diversity/diversity_pipeline/projects_initiatives/judicial_clerkship_program.html Legal Opportunity Scholarship www.americanbar.org/groups/diversity/diversity_pipeline/projects_initiatives/legal_opportunity_scholarship.html Judicial Intern Opportunity Program (JIOP) www.americanbar.org/groups/litigation/initiatives/good_works/judicial_intern_opportunity_program.html CLEO www.cleoscholars.org 55
Model School Programs Legal Outreach http://legaloutreach.org/?page_id=2 Thurgood Marshall www.thurgoodmarshallacademy.org/ The Ronald H. Brown Center Prep Program for College Students www.stjohns.edu/academics/graduate/law/academics/centers/ronbrown/prepprogram Thomas M. Cooley Law School www.cooley.edu/ UCLA Law Fellows http://www.law.ucla.edu/current students/get involved/outreach%20program/pages/default.aspx 56
Model School Programs Marshall Brennan Constitutional Literacy www.wcl.american.edu/marshallbrennan Street Law, Inc. www.streetlaw.org/en/home Just the Beginning Foundation www.jtbf.org/ For People of Color, Inc. http://forpeopleofcolor.org/ 57
Model State and Local Bar Pipeline Programs Bar Association of San Francisco (BASF) www.sfbar.org/diversity/index.aspx State Bar of California: California Law Academy Strategic Task Force (CLAS) California Partnership Programs www.cde.ca.gov/ci/gs/hs/cpagen.asp 58
Resources ABA Council for Racial and Ethnic Diversity in the Educational Pipeline www.ambar.org/pipelinecouncil ABA Center for Racial and Ethnic Diversity: www.ambar.org/diversity 59
Resources ABA Standing Committee on Judicial Independence www.americanbar.org/groups/justice_center/judicial_independence.html ABA Lawyer Demographics www.americanbar.org/resources_for_lawyers/profession_statistics.html 60
Resources Law School Admissions Council www.lsac.org/ The Association for Legal Career Professionals (NALP) www.nalp.org/fulltextofnalpprinciplesandstandards ABA Pipeline Diversity Directory www.ambar.org/pipelinedirectory 61
Resources Reports and Other Publications The Educational Pipeline to the Legal Profession: A Thought Paper www.americanbar.org/content/dam/aba/administrative/young_lawyers/thought_paper_resource_on_pipeline_diversity_for_pipeline_council_website.pdf Diversity in the Legal Profession: The Next Steps www.americanbar.org/content/dam/aba/administrative/diversity/next_steps_2011.pdf 62