The bar exam experimental study: ensuring fairness and competency

The Supreme Court of California's recent approval of the scoring adjustment incentive for the Committee of Bar Examiners' (CBE) November experimental examination marks a significant step in our ongoing efforts to ensure both fairness and competency in our licensing process. There is intense interest in this experiment; more than 4,800 applicants have signed up to participate, including more than 400 participants who are requesting testing accommodations, and every eligible applicant who applied will be able to participate. As the CBE's Chair, I would like to address some misconceptions about this important initiative, as well as the upcoming reform to the California bar exam.

First, let me be clear: the November experimental study is not, and will never be a "free points" program. The experimental study incorporates questions drafted by Kaplan, the State Bar's new exam content developer, as a pre-testing component--a psychometric method that is common in examination development. While participants may receive a scoring adjustment of up to 40 points (the exact amount will be determined by the committee, guided by our psychometric analysis of the experimental study's outcomes), these points can only be obtained through satisfactory performance on the experimental questions.

The reasoning for and the rationale behind this maximum adjustment of 40 points is based on statistical principles--it corresponds to one standard error of measurement for the California bar exam, the same statistical standard utilized in our regrading process. At present, an exam is subject to automatic regrading when an applicant scores 1,350--just below the passing threshold of 1,390--during the initial grading process. Demonstrating competence in our experimental study will effectively serve the same function as these potential regrading points.

Some have raised concerns regarding whether this point-adjustment approach compromises our standard for assessing minimum competency to practice law in California. I will say this unequivocally--it does not. While some applicants may indeed pass the bar exam who might not have done so otherwise, they will have earned those points through demonstrated ability and not mere participation. The only distinction is that they will have earned some points on a different day than the traditional two-day examination period. The public is no less protected by an attorney who has demonstrated competency over three days rather than two.

For the pre-testing to produce valid results, it is essential for participants to demonstrate meaningful effort. This alignment of incentives--offering potential scoring adjustments while requiring genuine engagement--serves both our psychometric needs and our fairness goals. Every applicant deserves the opportunity to earn these points through demonstrated competency. The committee will implement a rigorous psychometric process to ensure that no points are awarded for mere participation in accordance with the Supreme Court's directive.

With the reforms to the California bar exam moving forward, it is just as important that we advocate for improvements in the legal education provided to bar exam applicants. In 2020, the cut score was lowered from the former 1440 to the current 1390; yet the overall bar passage rate has not shown a significant improvement. In my view, priority must be considered and given to academic support systems aimed at bar exam readiness.

The CBE is committed to allocating additional resources to investigate various methods for supporting California law schools in improving their admissions processes, academic programs, and pedagogy. This effort involves engaging in constructive dialogue with California law schools and relevant stakeholders to ensure that existing teaching standards are carefully evaluated and that appropriate and adequate academic resources are available to bar exam takers.

The CBE expresses its appreciation for the trust placed in our efforts by the Supreme Court. We look forward to working with the State Bar, the Board of Trustees, and all stakeholders to execute the experimental study in November with the utmost integrity and thoroughness, and to refine and implement the necessary changes for a new California bar exam for the benefit of all Californians.