confused by two conditional statements

how are you doing?

I know the following two employ different types of conditional, but, for me, the two seem almost exactly the same in their meaning, regardless of the conditional structure. Could anyone please help explain the difference?

"If any policy could be justified by those appeals to tradition, it would be the policy of determining the length of the school year."

"If any policy is justified by those appeals to tradition, it is the policy of determining the length of the school year."

Thanks!
Leon