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The State Bar of California has decided to postpone its plan to develop and administer its own bar exam online. This change was anticipated to save the financially struggling organization up to $4 million annually.
Plan Withdrawal and Future Considerations
On Thursday, the State Bar’s Board of Trustees withdrew the proposal to hire Kaplan North American for developing multiple-choice questions similar to the current Multistate Bar Exam (MBE). Board Chairman Brandon Stallings cited the need to “finalize key terms” before the plan could be reconsidered for approval.
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Implications of a State-Specific Bar Exam
Approval of the plan would mark a significant departure from the national bar exam crafted by the National Conference of Bar Examiners (NCBE). It would also mean California would not adopt the Next Gen Bar Exam, a redesigned national test set to debut in July 2026 and already adopted by 18 states. The shelved plan aimed for California to start its own bar exam by February 2025.
Concerns and Financial Benefits
Deans from 13 California-accredited law schools had previously requested a delay, labeling the 10-month timeline as “hasty, risky, and poorly planned.” The state bar’s proposal highlighted potential annual savings of up to $4.2 million by shifting to an online format, eliminating the need for renting large venues and reducing travel costs for examinees. The bar’s admissions arm is currently operating at a deficit, contributing to the organization’s overall budget shortfall.
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Current Bar Exam Structure
California’s existing two-day bar exam includes the MBE, along with five one-hour essays and a 90-minute performance test, both developed by the state bar. Currently, the state bar pays the NCBE about $1 million annually for the MBE. The proposal indicated that Kaplan would be paid up to $1.48 million annually for five years to produce similar questions, with the overall cost savings anticipated from remote testing. Under the agreement, Kaplan would cease providing bar exam prep services in California.
National and State Perspectives
Sophie Martin, spokesperson for the NCBE, expressed the organization’s continued support for California but noted that California examinees would lose the reciprocity benefits provided by the Next Gen Bar Exam, which allows scores to be transferable to other states. Martin did not comment on California’s exam timeline but emphasized that the NCBE typically spends about three years developing, editing, and pretesting its MBE questions.
The State Bar of California’s decision to delay the plan underscores the complexities and challenges involved in overhauling the bar exam process to better meet financial constraints and modernize the licensing procedure.
