The Next Generation of the Bar Exam: Quarterly Update

This article originally appeared in The Bar Examiner print edition, Winter 2023–2024 (Vol. 92, No. 4), pp. 28–29.By Andreas Oranje, PhD, MBA Map of US jurisdictions that have adopted the NextGen bar exam, which total 17 as of March 2024

NextGen bar exam development continues to accelerate as we get closer to the operational launch in July 2026. This update covers recent key advancements, including the field test, delivery platform, grading process, adoption, and preparation for the prototype test.

1. Working together, NCBE and law schools across the United States completed our first field test, which was conducted to test the first set of operational NextGen items. Over 4,000 people participated across 88 sessions at law schools nationwide. We debuted a total of 10 hours of content, where each participant answered 2 hours’ worth of multiple-choice/multiple selection and short and longer written-response questions. We are very grateful to the participating law schools that organized the administration and, of course, to the participants who signed up and showed up. Without this level of field testing, we couldn’t develop the NextGen assessment at such a high level of quality.
2. We announced earlier that Surpass (surpass.com) will be our item bank, grading, and delivery platform. A trans-Atlantic assessment software company, Surpass has been in business since 1985 and provides services to several credentialing organizations, as well as users in higher education, K–12 classrooms, and various other markets. We are working closely to integrate their systems into our item development, registration/payment, and analysis/score-reporting workflows. The field test was a great opportunity for us to use the delivery platform on an operational scale, after multiple internal stress tests conducted throughout 2023 to prepare for the field test.
3. The grading of written responses for NextGen will differ somewhat from current MEE/MPT grading practices. Surpass’s Secure Marker will be the platform all graders will access and use to grade written responses. It will have state-of-the-art grading features and all NextGen training, annotations, exemplars, and rubrics in one place along with the responses to be graded. We are using holistic rubrics to evaluate each response independently. We will no longer employ relative grading or attempt to achieve a particular distribution in each jurisdiction. We will also use universal double grading, meaning that at least two graders will evaluate each written response independently and that discrepant evaluations will be adjudicated. This will further strengthen the reliability of graded response scores and facilitate their independent contribution to total scores.
4. We are excited when each jurisdiction announces adoption of the NextGen bar exam and gives law schools and students a path and timeline regarding the transition. We remain ready to support every jurisdiction, regardless of NextGen adoption status, by supplying technical information, providing external communications, conducting (in-person and online) presentations, and offering strategic advice. See https://www.ncbex.org/exams/nextgen for the most up-to-date information about jurisdictions that have adopted, the content of the new exam, and links to sample questions.
5. Lastly, while the field test data is being analyzed, we are already setting our sights on the prototype exam. It will be the first full exam experience, a total of 9 hours across two days for those examinees using standard testing time and up to three days for extended-time examinees with accommodations. This research study will provide the basis for setting a score scale for the new exam, as well as for developing a concordance table and conducting standard setting. The concordance table can be used as a crosswalk from the current UBE or MBE score scales to the NextGen bar exam scale. Standard setting is an expert-judgment based activity to determine a reasonable range on the scale that corresponds to minimum competency for beginning lawyers. We will soon begin recruiting eligible participants to take the prototype exam in this paid study.

Portrait Photo of Andreas Oranje, PhD, MBA Andreas Oranje, PhD, MBA, is the Managing Director of Assessment Programs for the National Conference of Bar Examiners.

About the Next Generation of the Bar Exam

Set to debut in July 2026, the NextGen bar exam will test a broad range of foundational lawyering skills, utilizing a focused set of clearly identified fundamental legal concepts and principles needed in today’s practice of law. The skills and concepts to be tested were developed through a multiyear, nationwide legal practice analysis, focused on the most important knowledge and skills for newly licensed lawyers. Designed to balance the skills and knowledge needed in litigation and transactional legal practice, the exam will reflect many of the key changes that law schools are making today. NCBE is committed to ensuring a systematic, transparent, and collaborative implementation process, informed by input from and participation by stakeholders, and guided by best practices and the professional standards for high-stakes testing.

For more information, visit nextgenbarexam.ncbex.org/.

Thank You to These Law Schools for Participating in NCBE’s NextGen Bar Exam Field Testing

In total, 4,124 participants from 88 law schools in 41 jurisdictions took part in field testing for the NextGen bar exam in January 2024. We are grateful to these law schools and to their students and alumni for the important contributions they made to the development of the next generation of the bar exam.