In a significant turn of events, the National Conference of Bar Examiners announced that the revamped bar exam slated for July 2026 needs no reliance on ExamSoft. This comes after the current testing platform has witnessed a string of technical issues over recent years.
The End of an Era for ExamSoft
Different testing software has substituted the Peer-to-peer education technology solutions provider for the NextGen bar exam. The replacement and subsequent shift to Surpass Assessment software follow a series of technological hitches experienced with ExamSoft. Notably, in 2015, ExamSoft forked out 2.1 million dollars to resolve a legal dispute initiated by bar exam takers who failed to upload their test answers. This incident has since been termed "barmageddon" in legal circles.
What Went Wrong with ExamSoft
An air of skepticism hangs around ExamSoft's software, which was put under close watch during the COVID-19 pandemic, as many states conducted the exam remotely, using laptop microphones and video features to prevent candidates from cheating. However, this move became contentious during the July 2021 exams when candidates' computers reportedly crashed in the middle of the test. A probe by the State Bar of California unveiled that nearly 31% of bar exam takers experienced technical issues during this period. In response, ExamSoft attributed the problems to the video proctoring element of the software consuming more memory than expected.
Various Options for Bar Exams
Currently, states are offered the flexibility to select between ExamSoft, Extegrity, or ILG Technologies to administer the written parts of their bar exams. Many states heavily depend on ExamSoft, including California, New York, and Florida. Alternatively, Texas, Illinois, and New Jersey have chosen ILG technologies.
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The Risk of a Single Software Platform
The idea of requiring all states to use a single software platform has been challenged. Greg Sarab, the Chief Operating Officer of Extegrity, likened it to putting all eggs in one basket and warned that if it fails to work, there would be no readily available alternative.
The National Conference has taken a plunge and refused to disclose how much it is granting Surpass in exchange for administering the exam.
Looking Ahead - the NextGen Bar Exam
Surpass Assessment, currently employed by various professional licensing boards, including the National Board of Medical Examiners and the American Nurses Credentialing Center, will take the reins. The NextGen Bar Exam will be entirely computer-based, seeking to eradicate the traditional use of paper question booklets and Scantron sheets where exam takers had to mark their answers for multiple-choice questions.
The NextGen bar exam aims to be more skill-oriented, emphasizing less on rote memorization of law. The National Conference plans to offer both versions, the current and NextGen bar exams, from July 2026 to July 2028. After that period, only the new test will be available.
