Cal Bar’s press release appears below.  Main takeaways:

1. The press release says the first exam that Kaplan will help draft is the next one, February 2025.  We’ll see if NCBE sues for copyright infringement about Kaplan’s questions and if that results in a delay in the use of Kaplan’s questions to a future exam.
2. The press release vaguely indicates a transition time for remote and test-center based exam administration (think Prometric sites a la the MPRE).  When does that begin?  The press release is unclear.
3. If the Cal Bar will go remote and/or test-center based exam administration, what impact does that have for hard-copy materials and scratch paper for exams?  Will students be able to print fact patterns for essays and Library/File for the PT (which they could NOT do during the COVID exams on remote testing)?  At a minimum, will students be able to use scratch paper for essays (which they could NOT do during the COVID exams) or for PTs (which they COULD do during the COVID exams)?  We shall see.

We shall see what we shall see.  Look for more updates this fall!

State Bar, Kaplan, Sign Five-Year California Bar Exam Development Contract

The State Bar of California and Kaplan Exam Services, LLC (Kaplan), a subsidiary of Kaplan North America, LLC, signed an $8.25 million, five-year exam development agreement on August 9, authorizing Kaplan to create multiple-choice, essays, and performance test questions for the California Bar Exam. As part of the agreement, Kaplan will also provide faculty and student study guides, which the State Bar will distribute at no cost. Kaplan will also exit the retail bar prep business specific to California, while continuing to serve other bar exam jurisdictions.

The multiple-choice questions will replace the National Conference of Bar Examiners’ (NCBE) Multistate Bar Examination (MBE) in time for the February and July 2025 exams (SPH emphasis added). 

The agreement will help the State Bar transition to remote and test center-based exam administration, both of which test takers prefer. These test administration changes will also help the State Bar close a significant gap in its Admissions Fund, which is projected to reach insolvency in 2026, absent further efforts to reduce costs. The State Bar projects that the new arrangement will result in annual cost savings of up to $3.8 million in exam-related expenses—enough to significantly reduce if not fill the gap.

At its July 18, 2024, meeting, the State Bar Board of Trustees voted to authorize the Board Chair and Executive Director to negotiate the terms of and, if appropriate, execute, an agreement with Kaplan.

“This historic agreement allows us to provide applicants with exam options that they prefer and also helps us close a significant deficit in the State Bar Admissions Fund,” said Board Chair Brandon Stallings. “I want to thank the Board of Trustees for its leadership and State Bar staff and our partners at Kaplan for their significant efforts in ushering in this agreement, which represents a generational change for applicants and the State Bar.”

“Kaplan is honored to be selected by the State Bar of California to help further its mission of producing qualified and practice-ready lawyers,” said Steven Marietti, Chief Commercial Officer, Kaplan North America. “We look forward to supporting the State Bar of California in the creation of this new exam.”

The State Bar initially sought approval from the Board in the spring but deferred until July due to contractual concerns including safeguards against intellectual property and copyright infringement. The parties have worked diligently to build a legally sound deal structure and method for independent question development, including Kaplan creating a new unit in the company to develop material and oversee the effort.

In a bold act of collaboration, the contract includes a cost-sharing provision whereby the State Bar and Kaplan will share potential copyright infringement litigation costs. The State Bar’s cost is capped at $6.75 million over the life of the contract, which amounts to the lower end of net projected cost savings over the five-year term. The parties also agreed to a mutual indemnification provision with a $1.65 million cap.

Even in the unlikely event that the State Bar would have to share in the cost of litigation, the caps ensure that the new arrangement would still be cheaper, or cost neutral, compared to the projected status quo exam administration costs that were leading Admissions to insolvency.

The questions developed pursuant to this agreement will not substantially modify the training or preparation required for passage of the exam. For years, the State Bar has utilized the NCBE’s multiple-choice question set, the MBE. However, the NCBE does not allow remote or test center-based exam administration, and NCBE will be phasing out the MBE as a stand-alone product in 2028.

In relevant part, the Cal Bar press release appears here (https://www.calbar.ca.gov/About-Us/News/News-Releases/Board-of-Trustees-Authorizes-Pursuit-of-a-California-Bar-Exam-Development-Contract-with-Kaplan):

At its July 18 meeting, the State Bar of California’s Board of Trustees voted to authorize the Board Chair and Executive Director to negotiate terms of and, if appropriate, execute a five-year bar exam agreement not to exceed $8.25 million with Kaplan North America, LLC. If an agreement is reached, Kaplan would create California-specific multiple-choice, essays, and performance test questions for the California Bar Exam. The multiple-choice questions would replace the Multistate Bar Examination (MBE) in time for the February 2025 exam. The agreement will help the State Bar transition to remote and test center-based exam administration, both of which test takers prefer. These test administration changes will also help the State Bar close a significant gap in the Admissions Fund, which is projected to reach insolvency in 2026, absent further efforts to reduce costs.

For years, the State Bar has utilized the National Conference of Bar Examiners’ (NCBE) multiple-choice question set, the MBE. The NCBE does not allow remote or test center-based exam administration.

“The State Bar Admissions Fund must be self-sustaining, and the Board has been working to close a significant deficit by raising fees and cutting costs,” said Board Chair Brandon Stallings. “It is essential that the Board make financially prudent decisions while offering California bar exam takers options that meet their needs and help them save money. An agreement with Kaplan would preclude the need to balance the budget through further increases in applicant fees, and we look forward to working with Kaplan on this new endeavor. We also want to thank the NCBE for their partnership over the last four decades that the State Bar has utilized the MBE.”

From the unsuccessful applicants memo:

The essay and PT answers of those applicants who are unsuccessful on the California Bar Exam are
accessible through your Applicant Portal. You may save or print a copy for your records. The files will
be removed from the Applicant Portal on May 31, 2024.

From the Cal Bar’s web site:

The State Bar announced today that 1,337 applicants (33.9 percent) passed the February 2024 General Bar Exam, and 197 applicants (52.7 percent) passed the Attorneys’ Exam. If those who passed satisfy all other requirements for admission, they will be eligible to be licensed by the State Bar to practice law in California.

“Congratulations to the 1,534 applicants who passed the February California Bar Exam,” said Leah Wilson, State Bar Executive Director. “We recognize their hard work and share in their excitement and celebration and wish them the very best in their future legal careers.”

Ms. Wilson also addressed concerns about the Cow Palace testing site: “We can report that a full and independent psychometric analysis of the potential impacts of the Daly City exam site on applicant performance outcomes was conducted, and no such impact was found,” she said. “The State Bar is dedicated to ensuring the testing environment meets the highest standards and will incorporate the feedback received from test takers to improve future administrations. The July exam will not use the Cow Palace as a testing location.”

The 33.9 percentage pass rate for the February 2024 General Bar Exam represents a slight increase from the February 2023 pass rate of 32.5 percent. The pass rates for the February 2024 bar exam nationwide followed a similar path, with most experiencing a slight increase, including:

• New York (42 percent, compared to 40 percent in 2023)
• Florida (41 percent, compared to 39 percent in 2023)
• Illinois (44 percent, compared to 43 percent in 2023)
• Pennsylvania (48 percent, compared to 44 percent in 2023)

According to the National Conference of Bar Examiners, the California mean scaled score on the Multistate Bar Examination (MBE) for February 2024 was 1327, compared to the national average mean scaled score of 1318.

In most U.S. jurisdictions, including California, the bar exam consists of three sections, one of which is the MBE. An increase in the national mean MBE score would likely indicate an increase in the February 2024 pass rate, and in California’s and other states’ results, it did.

The State Bar commissioned an independent psychometric analysis to assess whether reported concerns about temperature, restroom facilities, and other site-related concerns with the Cow Palace testing center, impacted applicant scores. According to the independent analysis, score adjustments were not warranted or recommended: “Differences among groups of applicants who tested at different sites…does not support a hypothesis that the performance of applicants was meaningfully different at Cow Palace, locations within Cow Palace, or applicants who did not test at Cow Palace. Therefore, there is insufficient evidence that applicants were disadvantaged by the environmental conditions at the facility.”

The February bar exam typically includes a higher proportion of repeat takers than a July administration. Repeat takers’ exam performance, including pass rates, is lower on average than that of first-time test takers. The proportion of repeating examinees on the California February 2024 administration was 69.7 percent, which represents a slight drop from nearly 71 percent in 2023.

Attendance at California’s February 2024 General Bar Exam was 3,944, nearly 5 percent higher than for the February 2023 exam, and 26.7 percent higher than the February 2022 exam.

February 2024 General Bar Exam preliminary statistics*

• Completed the General Bar Exam: 3,944 applicants
• First-time applicants: 1,195 (30.3 percent of total)
• Pass rate for first-time applicants: 44.8 percent overall
• Repeat applicants: 2,749 (69.7 percent of total)
• Pass rate for repeat applicants: 29.2 percent overall

Pass rate for the General Bar Exam by law school:

General information about the structure and content of the General Bar Exam.

The Attorneys’ Examination is open to those who have been admitted to the active practice of law and are in good standing for at least four years in another U.S. jurisdiction, as well as disciplined lawyers who are ordered to take the examination as a condition of reinstatement.

A pass list from the exam will be published on the State Bar website on May 5, 2024, at 6:00 a.m. More detailed statistics about exam results will be available in four to six weeks on the State Bar website.

Successful applicants who satisfy all requirements for admission may take the Attorney’s Oath individually or participate in admissions ceremonies held by their law school or others. Applicants are eligible to practice law in California after taking the Attorney’s Oath and submitting their oath card to the State Bar. The State Bar has enabled digital signing and electronic processing of oath cards on a permanent basis.

*Please note that these are preliminary statistics. Law schools will be required to confirm the students allocated to their law school, and as a result, these statistics may change. The general statistics, including data on pass rates by gender, race/ethnicity, and law school type, will be released in four to six weeks.

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The State Bar of California’s mission is to protect the public and includes the primary functions of licensing, regulation and discipline of attorneys; the advancement of the ethical and competent practice of law; and support of efforts for greater access to, and inclusion in, the legal system.

Hello everyone!

Results Day is today.  Hope the February 2024 Cal Bar test-takers receive good news tonight!

If you receive good news tonight, CONGRATULATIONS!  Celebrate responsibly, and no felonies!  Remember, the goal is to get sworn in, right?  Felonies don’t help with that, even if you commit one after you pass the Bar Exam.

If your name does not match a name on the database of names of people who passed, mourn your result for 30 minutes, and then contact me.  Good tutoring programs fill up quickly.  I usually fill up within a few days of publication of results and last season I filled up within a few days!  The first ability is availability.  Let’s talk, set up a plan, and then you can know that you’re not alone and that you’re doing something about it.

Good luck tonight, everyone!