Board and CBE Approve Options for 2028 Bar Exam

At its joint meeting on Friday, January 23, 2026, the Board of Trustees and the Committee of Bar Examiners (CBE) voted to explore a plan that could have the State Bar, beginning in 2028, administer the National Conference of Bar Examiners' NextGen Uniform Bar Examination (NextGen UBE), without a California-specific component. The Board also approved the possibility of a return to using questions developed by Kaplan Exam Services. The CBE's and Board's actions do not limit the final recommendation that they may make to the California Supreme Court based on their final review and evaluation of the many competing interests.

The deliberations to make a recommendation to the Supreme Court were prompted by challenges and criticisms surrounding the February 2025 California Bar Examination. Friday's decisions also underscore the need to transition away from the Multistate Bar Examination (MBE), which will be phased out as a standalone option by July 2028.

The Trustees and committee members have discussed future exam possibilities in multiple meetings since August 2025. Given the current 18-month to two-year notice requirements prior to moving to a different exam or vendor, they must finalize their recommendation to the Supreme Court with sufficient time for the Court to make its decision in July.

Joint statement from Board Chair José Cisneros and CBE Chair Alan Yochelson:

"The Board of Trustees and the Committee of Bar Examiners are committed to delivering a bar exam that is fair, accessible, reliable, and responsive to the evolving needs of those who take it. Today, we took an important step toward shaping an informed recommendation for the California Supreme Court. Our work will continue over the next several months and years to ensure that any changes create a better experience for all applicants, strengthen public trust, and uphold the integrity of the profession."

At Friday's joint meeting, the Board and CBE participated in an informative discussion with law school deans, as well as with Kaplan Exam Services representatives, on their efforts to produce multiple-choice, performance test, and essay questions.

The State Bar sent surveys on future exam option preferences to California law school deans in November 2025 and to the Board and the CBE on December 6, 2025. A similar survey was sent to current licensees, current and prospective applicants who registered with the State Bar in the last five years, California bar associations and attorney organizations, and disability rights organizations on January 5, 2026. More than 13,700 survey responses have been received.

For the law schools survey, deans of ABA-approved law schools expressed a strong preference for adopting the NextGen UBE without a California-specific component. They cited NCBE's investment in question development, validation, and pretesting, as well as benefits such as score portability, a national preparation network, and professionally developed resources.

California-accredited law schools most frequently ranked adoption of the NextGen UBE with a California-specific component as their preferred option but acknowledged trade-offs and expressed support for adopting NextGen without a California component or having the California component be a lower-stakes online assessment to ensure familiarity with California law.

California unaccredited law schools initially favored a streamlined exam modeled on Nevada's approach but indicated significant openness to NextGen UBE. All groups stressed the importance of long-term continuity.

The Board and CBE have been evaluating multiple options for 2028 and beyond. These include:

• Staying the course and developing a new California exam consistent with the Supreme Court's October 2024 directive, using questions developed by Kaplan Exam Services until the new exam can be developed. Alternatively, a bridge to the new exam could be adoption of the NextGen UBE.
• Using the NextGen UBE with or without a California-specific component.
• Creating a streamlined California exam similar to Nevada's model, limited to multiple-choice questions and performance tests, with variants such as an online module to assess skills difficult to measure in traditional formats.

The Board and CBE also:

• Approved business requirements and an evaluation rubric for assessing and, ultimately, selecting a vendor to administer the California Bar Examination starting in 2027. These standards define expectations for software providers, including technical capabilities, security, candidate experience, and implementation. The rubric sets scoring criteria to ensure transparency and consistency in evaluating proposals. This action follows work by the CBE's Subcommittee on Exam Administration, which refined the requirements and rubric to guide the upcoming request for proposals later this year, after the current ExamSoft contract ends following the February and July 2026 exams.
• The Board and CBE approved an addendum to the Refund of Fees Policy for the February 2026 California Bar Exam, allowing applicants barred from entering the U.S. under Presidential Proclamation 10998-which, effective January 1, 2026, restricts nationals of 39 countries and holders of Palestinian Authority travel documents-to request a full refund of exam fees (excluding credit card processing fees) by February 10, 2026. This change addresses the impact of recent travel restrictions and aligns with prior amendments granting full refunds for events beyond applicants' control.

At its Thursday, January 22, 2026, meeting, the Board of Trustees engaged in a planning session for its Strategic Plan. Comments from Trustees focused on the State Bar's core functions, including the effective and timely discipline of California attorneys, attorney regulation, and the administration of the bar exam and Admissions functions, as well as the need to prioritize the State Bar's financial health, which is currently not included in any Strategic Plan goal. The Board will discuss the matter again at a future meeting.

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