CBE Recommends Scoring Adjustments for February Bar Exam

CBE Recommends Scoring Adjustments for February Bar Exam

As part of its commitment to finding appropriateand fair solutions for test takers during the February 2025 Bar Exam,the Committee of Bar Examiners (CBE) met on April18 to make its recommendations for scoring adjustments and set aminimum raw passing score.

After reviewing data and performance from the February exam and in recognition of the reported experiences of examinees, performance data,and the challenges associated with fairly and accurately categorizing the level of disruption experienced by individual examinees, the CBE recommended:

• That the raw passing score for the exam be set at 534. This representstwo standard errors ofmeasurement below the psychometrician-recommended raw passing score of 560.
• That scoresbe psychometrically imputed as follows:
  • For missing multiple-choice answers, where the test taker has answered at least 114 of the 171 scored multiple-choice questions.
  • For missing essays or performance tests, where the test taker has answered at least 4 of 6 written sections of the exam. With respect to this resolution, examinees should be aware that all content entered in notes fields was exported and linked to corresponding answer fields for review by grading teams.

"After thoughtful deliberation and hearing directly from many applicants, we believe our recommendations to the Supreme Court markthe beginning of a fair and meaningful path forward for all February bar exam test takers," said CBE Chair Alex Chan. "Our commitment to supporting applicants is unwavering, and we will continue refining our approach to ensure a more responsive, fair,and equitable process now and in the future."

Chansaid with so many different experiences reported out of the February bar exam, a lack of uniform data on those experiencesacross exam modalities, and the varying impacts they hadon performance, the CBE faced a difficult taskin recommending a fair solution that balancedcompassion and maintainedthe integrity of the exam. To that end, the CBE determined a scoring adjustment for all-encompassed in their recommendation for the lower raw passing score-was the fairest solution.

Next, the State Bar will take the CBE recommendations and file a petition this week with the California Supreme Court. Once the Court rules on the petition, the bar exam results will be released. The CBE resolution included a request for the Court to act by April 28. Results will be released on May 2.

Regardingthe November Bar Examination Study, the CBE establisheda minimum threshold of performance of 28 correct questions, out of a total of 49. All applicants who meet this threshold of performance will receive a scaled score adjustment of 40 points as applied to the multiple-choice section of the exam only; this translates to an actual adjustment of 20 points for qualifying examinees. This action does not require Supreme Court approval.

Nonscoringremedies

On May 5, the CBE will meet again to take up other, nonscoringrelated remedies for February bar exam takers, including provisional licensure, a supervised practice pathway to licensure, and special admission status for attorneys licensed in other states.Thoseremedies then will be considered by the Board of Trustees at a meeting planned for May 9. The Board will also consider a proposal to extend the fee waiver approved for eligible applicants for the July 2025 exam to 2026 exam administrations.

State Bar Board Chair Brandon Stallings said these areimportant stepsin finding fair solutions for those test takers.

"The bottom line is February bar exam test takers deserved better, and we apologize for the difficulties many experienced," Stallings said. "We will continue discussing appropriate remedies andbuilding a stronger foundation for future exams-one rooted in fairness, consistency, and improved accessibility for all test takers."

Stallingssaid though the July bar exam will be in person, leaders recognize the need for a longer-term solution that offersrobust and reliable remote testing and test center-based exam administration; staff have been directed to create a plan for that.

Performance of questions

Also discussed during the CBE meeting was the performance of the different typesof questions on the bar exam, including the multiple-choice questions (MCQs) and their sources. A majority of the MCQs were developed by Kaplan, a subset of questions camefrom the First-Year Law Students' Exam, and some questions were developed by ACS Ventures, the State Bar's independent psychometrician. The ACS questions were developed with the assistanceof AI and subsequentlyreviewed by content validation panels and a subject matter expert in advance of the exam.

When measured for reliability, the combined scored MCQsfrom all sources performed above the psychometric targetof 0.80 (0.89 on a scale from 0.00 to 1.00).

"We have confidence in the validity of the MCQs to accurately and fairly assess the legal competence of test-takers," State Bar Executive Director Leah Wilson said. "Lessons learned are being incorporated into the July exam, and all future tests will include additional levels of independent review and validation."

Content maps

The State Bar also conducted an external review into concerns raised that new subtopics were reflected on the State Bar's published multiple-choice questions content maps, as compared to the NCBE MBE Subject Matter Outlines (also referred to as content maps). Based on this review, the State Barconcluded the majority ofthe subtopics are encompassed within the NCBE MBE content maps.

While a smaller number of subtopics could arguably beconsidered outside of the scope of topics found in NCBE MBE content maps, it'simportant to note that both the NCBE and State Bar content maps explicitly statethey are not exhaustive. Moreover, no questions from the smaller subset of subtopics were tested on the February 2025 bar exam.

Nevertheless, Wilson said, in the State Bar's commitment to clarity and excellence it will continuing to examine the content maps for future refinement if appropriate. Student and faculty guides will also be modified, and additionalstudy questions will be released to support applicants'preparation for the exam.

"This refinementreflectsour ongoing dedication to providing candidates with the clearest possible guidance and maintaining the highest standards in our examination process," Wilson said. "The State Bar remains committed to a fair, transparent, and accurate assessment process that properly evaluates minimum competence to practice law in California."

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