This article originally appeared in The Bar Examiner print edition, Fall 2025 (Vol. 94, No. 4), pp. 41–42.
In early November 2025, NCBE released the Guidance Brief on the Recommended NextGen UBE Passing Score Range. The recommended range gives jurisdictions a clear reference point as they review their passing-score policies for the redesigned exam, which evaluates minimum competence through integrated legal tasks. The range of 610 to 620 reflects the score scale used for the NextGen UBE and provides a consistent basis for considering how the new test relates to established standards. An accompanying FAQ document is also available. The brief is reprinted here for the benefit of Bar Examiner readers.
The recommended range is based on evidence from prototype test performance, the exam’s measurement characteristics, and expert evaluations of minimum competence. These sources were considered together to identify a range that corresponds to the level of competence the NextGen UBE is designed to assess. The guidance allows jurisdictions to consider the effects of different passing-score options and select the standard that aligns with their implementation of the NextGen UBE program.
Participating jurisdictions have begun to release minimum NexGen UBE passing scores; more will do so as their date of first administration approaches. NCBE and its Psychometrics Department are happy to assist jurisdictions at any point in this decision-making process.
Introduction
As part of its commitment to supporting jurisdictions through the transition to the NextGen Uniform Bar Examination, NCBE has established a recommended passing score range for the new exam. In addition, NCBE has developed a recommended mapping between the legacy UBE passing score range and the corresponding passing score range for NextGen. Jurisdictions will continue to establish their own passing scores.
Consistent with best practices in assessment, the recommended range is based on multiple sources of evidence: data from the 2024 prototype exam, psychometric scaling, a statistical concordance study, standard-setting outcomes, and passing rate outcome analyses.
Evidence Gathering
1. Base Scale: 500–750
Results from the multiple-choice, counseling-set, drafting-set, and performance-task items were combined—using appropriate weighting—to create overall composite scores on the NextGen UBE scale. The scale ranges from 500 to 750. The minimum and maximum points of the scale were established to accommodate future administrations without compromising the integrity of the score distribution. As with the legacy exam scale, the new base scale will ensure consistency across administrations.
2. Concordance Study
As jurisdictions prepare to transition from the current bar exam to the NextGen UBE, NCBE conducted research on examinee performance on the July 2024 bar exam and NextGen prototype exam to inform the development of a concordance between the two. This tool used data from examinees who took both exams and helped NCBE understand how performance on one exam compares to the other.
3. Standard-Setting Study
To support a valid standard setting process, NCBE convened a diverse panel of over 80 participants from 43 jurisdictions. Panelists received two days of training to understand the characteristics of a “minimally qualified candidate” and were given early access to the digital delivery platform to familiarize themselves with the test experience. Their judgments helped identify a passing-score range for the NextGen UBE.
4. Outcome Analysis
As jurisdictions make passing score decisions for the NextGen UBE, they may wish to understand how different passing score options could affect bar passage outcomes. NCBE conducted an outcome analysis using data from the prototype exam to model how various passing standards might influence pass rates. While prototype data will not perfectly reflect operational performance, the analysis gives jurisdictions insight into how higher or lower passing score decisions could impact candidate performance. This analysis helps support informed, evidence-based policymaking.
Passing Score Recommendation Development
To support jurisdictions in setting policy, NCBE convened a national panel of experts from across the legal and bar administration community to review the full body of evidence. This included psychometric research, prototype data, and policy considerations. The Passing Score Advisory Panel helped synthesize these inputs into a recommended passing score range that reflects professional expectations and supports a fair and evidence-based transition to the NextGen UBE. The recommended passing score range and mapping to the legacy UBE were also reviewed and approved by the NCBE Board of Trustees.
National Conference of Bar Examiners Recommended Passing Score Mapping from Legacy UBE to NextGen UBE
This recommended passing score mapping was developed by NCBE’s psychometric experts through a process that combined multiple pieces of evidence including results from statistical setting of the base scale; a concordance study; a large-scale, national, standard-setting study; and passage-rate outcome analyses.
| Legacy UBE Passing Score Range | NextGen UBE Passing Score Range (Recommended) |
| 260 | 610 |
| 261 | 611 |
| 262 | 612 |
| 263 | 613 |
| 264 | 614 |
| 265 | 615 |
| 266 | 616 |
| 267 | 617 |
| 268 | 618 |
| 269 | 619 |
| 270 | 620 |
The information in this table is for use by jurisdictions that currently participate in the legacy UBE program; other jurisdictions should reach out to NCBE with any questions about the relevance of this table to their own passing score decisions.
For more information, including jurisdictions’ minimum passing NextGen UBE scores as they become public, visit ncbex.org/exams/nextgen-ube/minimum-passing-scores.
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