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DOCUMENT RESUME ED 212 554' Into the Law School Admission Test

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DOCUMENT RESUME ED 212 554' Into the Law School Admission Test DOCUMENT RESUME A ED 212 554' , SO 013 910 .AUTHOR White, -David M., Ed. TITLE Towards a Diversified Legal ProfeSsion; An inqiiiry into the Law School Admission Test, GradeInflation, and Current Admissions Policies [with a] A Statement frop-the National Institute of Education "An Investigation into the Validity and Cultural Bias.of the Law 'School Admission Test". INSTITUTION. , National'Conftrence of Black Lawyers, Inc., New York, SPONS AGENCY National Inst.,of Education (ED), Washington, D.C.; t'Spender Foundation, Chicago, Ill. REPORT NO ISBR-0791058-01-12 PUB DATE 81, GRANT "N1E-G-79-0079 -kat 424p.; Some small print-occurs throughout document and may not reproduce clearly"from EDRS in microfiche. AVAILABLE FROM' National Conference of Black Lawyers,Inc., 126 W. -119th Street, New York, NY 10026 ($12.2$). ,s"" 10 EDRS PRICE MF01 Plus 'Postage. PC Not Available from EDAS.. DESCRIPTORS . *Admission Criteria; *College Applicants; Educational Needs; Educational Research; *Ethnic Bias; Evaluation; Higher 2ducatio9; *Law Schopls; *Minority Grodps;-*Selective Adthission IDENTIFIERS 4 *Law School Admission Test ABSTRACT , This is thefinal report and critique. which investigated the law school admissions process,'andespecially the, Tole of the Law School Admission Test (LSAT)'within thatprocess, for . possible bias against minority applicants. The studyinvolved the reanalysis of existing data. Results show thatcurrent admission policies ,unfairly limit the enrollment of minorityapplicants. The report-begins by reviewing the Bakkedecision. It then examines each of the _components of the Admissions Index which isa weighted combination of the undergraduate grade pointaverage (IMPA) 'and the LSAT score. Overall, the UGPA is less biased against minoritiesthan is the LSAT. The report presents evidencethat shows the differential -effect of adding LSAT scores to UGPA's for minoritiesvs. 41ites. The author examines items from the "Law. School AdmissionBulletnfand . LSAT Preparation Material" which is commonly- ustd for, practiceby__-------' 'potential test takers. Facto/s inherent inthe LSAT which_ might-be contributing to low test performance for minorities-ate explained.. Finally. the Th4rndike and Cole models lar---adit*ssiont decisions-are 'evaluated. The .report's recommendations 'include: ,adjustingthe LSAT sCores of minority appl' ntS in recognition of possible cultural 175 bias in the test .-evaluatingLSAT scores on an individual basis .through extemSfire.,review of applicant files;. separatingevaluations for m sty applicants; and disregardingLSAT score's. Without x-eption, reviewers, who critiqued the Studyagreed with the author's concern for the rethinking ofcurrent admissions polities. 'However /many reviewers pointed put problems with the methodology . used Olth phevalidity of the report's conclusions;eand withthe, final set of recommendations. (Author/RM) ...J U.E. DEPARTMENT OF EDUCATION NATIOAAL INSTITUTE OF EDUCATION EDUCATIONAL. RESOURCES INFORMATION CENTER I ERIC) "PERMISSIONTOREPRODUCE THIS XTIusdocument has been reproduced as MATERIAL INMIPROFICHE ONLY received from the person or organization HAS BEEN GRANTED BY onginating Minor changes have been made to improve NbaV Iet / reproduction quality Pants of view or opiroons stated in this docu. ment do not necessanly represent official ME position or policy A STATEMENT FROM THE TO THE EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) NATIONAL INSTITUTE OF EDUCATION "AN INVESTIGATION INTO THE VALIDITY AND .' CULTURAL BIAS OF THE LAW. SCHOOL ADMISSION TEST" Introduction \\\ This monograph is the final reportsubmitted\to NIE. by Mr. David White, National Conference of Black Lawyers, as part of a. one7year grant award ,s\-. (NIE-G-79-0079) to study possible biasesagainst.minOritihs'in law school "admissions policies and practiC4. Pants of the study, inclUding support fot a conference and publication of.the results, were funded by a grant from the Spencer FOundation. NIE has prepared the following statement based on extensie reviews which were obtained according to the procedures outlined in the nextsection. This statement is being-made by NIE because of the public interest in the general topic area plus the controversial nature of the conclusions and recommendlations p in the-report. Review.ProCess _ This report hasreceived extensive reviews byresearchers and policy makers during the conduct ofthe study as well asafter -the-first-dtafi'report was receiveti-by-NIE. Throughout the conduct ofthe study, Mr.), White Wag-guiaed by . a six-member multi-disciplinary advisory panel which commented ontechnical and policy matters;In addition, during the course of theltuay two conferences were conducted to provide feedback.on the draft report. The first conference was held . in Berkeley; California, where 60 participants heard and, commented on thedraft*. This conference was supported by the Spencer Foundationa report of the pro- O ceedings of that conference was prepared for the foundation and will.be published in the near future. The second conference was held at NIE where several NIE staftioeople heard Mr. White's presentation and comisnta.1 onvarious,aspectsof IL" -1- the draft report. Mr. White has indicated that,he consideredcomments from both of these conferences in finishing the final report. Anticipating wide-spread interest in his study and recognizing thecontro- versial nature of the renort'sfindings, NIE, initiated-an external review of the final report. Seven: outside reviewers agreed to evaluate final the report. These'reviewers represented the major audiences for the report: the test 'publisher, (Educaiional_Testing Service) the Law School AdmissionCouncil, researchers, attorneys, psychometricians, and,law school admissions off Reviewers were asked to comment on three geneial themes: the research methodology, . # the validity of the conclusions)based on the evidencepresented, and the appropriateness of recommendations far changes in law school admissions pr'ocedures'. These comments form 'tbe basis for this etat ent. Overview of the Report The purpose of the study was to inv at the law school ions process, . andespecially the role of the Law School Admission Test (LSA1) thin that process, for possible bias,against minority applicants. The or :anal idea of the proposal was sugggsted by the recent Bakke vs Regents of the University of California decision which called for fairer admissionsl.polidies in Mfgher education. The proposal requested support primarily for reanalysit of existing data. They award was lade thrdhgh an unsolicitedgrants competition.. The report is divided into seven. sections, plus an extensive appendix of an- notated reference notes. The report begins with a look at each of the components of the Admissions Index which is a- weighted combination of undergraduate grade- , point aveidW(UGPA) and the (LSAT)' test score. Section I reviews the Bakke decision, Section 2 discusses the problems of imperfect predictability of law school grades using the Admissions Index, especially for minorities. Then in Sections 3 and 4 the report-discusses each of the two components of the Index: co).lege grades and the LSAT. When reviewing UGPA differences between minorities -2- and whites, r he report states that, "The generalcontent of college grades as an . - .q. indicator of a variety of personal and academic factorsis the same lorgrades t , , . earned by students or by minority students."Overall, the author - I ,/- . concludes that the UGPA is less biased against minoritiesthan is the LSAT, in spite of differences between the grading ptactices oftraditionally-black colleges and those.of majority colleges. ) In: the next-section, the report presents evidencethat shows the differential effect of adding LSAT scores to UGPA's for m'inorit'iesvs. whites. After pre- senting-this data, which was taken froma Law School Admission Cpuncil report,, the report attempts to explain what factors inherentin theLSAT might. be con- tributfng to low test performance for minorities;Hampered,by an.inability to receive copies of the test itself (the report'wad'completedbefore Truth-in Testing legislation was enacted in New York whichmandated release of some-forms of the LSAT), theauthor restricted his analysis Co items listed in the Law' School AdmisssionBulletin and LSAT Preparation M4erial-(1979-80) which is >j ' commonly used forpractice by potential testtaker. -The report lists several factors that might affect the performance of minoritytest takers, including; nvere time limits or eontent which is insensitive to minoritygroup traditions sand ignorant of minority community values; content which reinforcesprejudicial . stereotypes about minority group members; and content which shows Ignorance of the history of black culture. Here thanaysis is based largely on the author'sown o' i analytical thinking; he examines item after. item in the Bulletin andsuggests how the item might be confusing, misleadingor insulting to minority test takers.He expands his,arguement beyond the'identificationiofp entially biased items; he ) theorizes that once a minority applicant encountersan4fensi/e or insulting -item, his 6t her pe;formance.on the rest of the -test will necessarily suffer. The report also presents evidence that performanceon the LSAT is more related to extraneous variables, such as race, family income and age, than it is to ' 44 . -3- 41 performance in law school or success as a lautyer.- k In iection 5 Mr.'Whiteexamines what happens wheil UGFA and LSAT scores are combined into a single number
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