2025-051 The February 2025 Bar Exam
The State Bar’s Poor Implementation of Changes to the Exam Negatively Affected Test Takers
Published: July 9, 2026
Audit Recommendations Disclosure
When an audit is completed and a report is issued, auditees must provide the State Auditor with information regarding their progress in implementing recommendations from our reports at three intervals from the release of the report: 60 days, six months, and one year. Additionally, Senate Bill 1452 (Chapter 452, Statutes of 2006), requires auditees who have not implemented recommendations after one year, to report to us and to the Legislature why they have not implemented them or to state when they intend to implement them. Below is a listing of each recommendation the State Auditor made in the report referenced and a link to the most recent response from the auditee addressing their progress in implementing the recommendation and the State Auditor’s assessment of auditee’s response based on our review of the supporting documentation.
Recommendation 1
To ensure that multiple-choice questions that the State Bar develops adequately cover all bar exam topics, the State Bar should, by December 2026, implement a policy that requires the admissions office to finalize content needs and proportions before it starts developing questions.
Agency response status:
Not fully implemented
Date of implementation:
Nov. 20, 2026
State Auditor assessment status:
Pending
60-Day Agency Response
The State Bar is in the process of developing a comprehensive exam assessment framework. Staff intends to present the framework to the Committee of Bar Examiners for consideration for approval on October 10, 2026. The framework will set out processes for identifying exam content needs prior to development of content. It is intended to apply to all question types and all State Bar administered exams. For the upcoming California component, the Examination Development Subcommittee is meeting in September 2026 to identify the process for developing content maps in the seven content areas identified by the Supreme Court.
Recommendation 2
To improve the quality of its multiple-choice questions, the State Bar should, by December 2026, implement a standardized review process for multiple-choice questions, regardless of the source of the questions, that includes a timeline that ensures recommendations or edits to questions occur and are reviewed before the exam is administered.
Agency response status:
Not fully implemented
Date of implementation:
Nov. 20, 2026
State Auditor assessment status:
Pending
60-Day Agency Response
The State Bar is in the process of developing a comprehensive exam assessment framework. Staff intends to present the framework to the Committee of Bar Examiners for consideration for approval on October 10, 2026. The framework will set out standardized review processes for exam questions, regardless of type. Most of the content validation and subject matter expert review processes that will be incorporated in the framework were approved by the Committee of Bar Examiners at its June 12, 2026, meeting.
Public Reasoning Behind State Auditor 60-Day Assessment
Full implementation of this recommendation will require the State Bar to implement a standardized review process for multiple-choice questions that includes a timeline that ensures recommendations or edits to questions occur and are reviewed before the exam is administered.
Recommendation 3
To ensure the State Bar’s executive leadership is aware of and can make well-informed decisions about how best to utilize contracts related to its bar exam, the State Bar should, by December 2026, revise its contracting policies to require managerial approval of any request for vendor services that do not align with the scope of services and responsibilities under the vendor contract.
Agency response status:
Not fully implemented
Date of implementation:
Nov. 2026
State Auditor assessment status:
Pending
60-Day Agency Response
State Bar staff has initiated revisions to the General Procurement Manual (GPM), which will include a requirement that any changes to contracts related to State Bar examinations that impact the scope, deliverables, timing, or cost of the contract be escalated for review and approval to the Chief of Admissions or designee. Update on the revisions to the GPM will be presented to the Board of Trustees at its September 17-18, 2026, meeting and with a planned effective date of November 1, 2026, allowing time for staff training.
Public Reasoning Behind State Auditor 60-Day Assessment
Full implementation of this recommendation will require the State Bar to revise its contracting policies to require managerial approval of any request for vendor services that do not align with the scope of services and responsibilities under the vendor contract. This includes requests for services that may not necessarily result in a change to the contract. We discuss this issue primarily on page 18 of the report.
Recommendation 4
To reduce the risk and perception of bias related to question development, validation, and scoring if the State Bar develops its own bar exam, the State Bar should, by December 2026, implement controls that require separation of contractor responsibilities across exam development stages, including independent review and approval, and formal oversight when a contractor performs multiple roles.
Agency response status:
Not fully implemented
Date of implementation:
Nov. 20, 2026
State Auditor assessment status:
Pending
60-Day Agency Response
Although the State Bar will not be developing its own bar exam, it will be developing a California component. Whether the California component will be considered part of the bar exam will be decided by action of the Supreme Court expected in July 2027, following recommendations of the Committee of Bar Examiners and the Board of Trustees. The State Bar is in the process of developing a comprehensive exam assessment framework. Staff intends to present the framework to the Committee of Bar Examiners for consideration for approval on October 10, 2026. The comprehensive assessment framework will include requirements for the separation of contractor responsibilities across exam development stages. The State Bar has initiated revisions to its GPM to include a section related to vendor conflicts to prohibit any vendor from evaluating or validating its own work, including in contracts related to the Bar Exam.
Recommendation 5
To improve oversight of bar exam development, the State Bar should, by January 2027, implement a policy that defines substantive changes to exam development and requires staff to document and escalate decisions on those substantive changes to executive leadership and appropriate governance bodies for review and approval.
Agency response status:
Not fully implemented
Date of implementation:
Nov. 20, 2026
State Auditor assessment status:
Pending
60-Day Agency Response
The State Bar is in the process of developing a comprehensive exam assessment framework. Staff intends to present the framework to the Committee of Bar Examiners for consideration for approval on October 10, 2026. The framework will set out standardized review processes for all items. Most of the content validation and subject matter expert review processes that will be incorporated in the framework were approved by the Committee of Bar Examiners at its June 12, 2026, meeting. This includes what decisions need to be escalated to executive leadership and / or to the Committee of Bar Examiners for approval. It also identifies the required documentation to accompany such decisions. The State Bar has initiated revisions to its GPM that include descriptions of substantive changes in the context of its examination-related contracts. The revisions to the GPM require such substantive changes to be escalated for review and approval.
Recommendation 6
To improve test takers’ ability to successfully complete exams, the State Bar should, by December 2026, implement a policy to require the testing of all new or changed components of its bar exam, such as the implementation of new annotation tools or changes to its rules regarding the items test takers may use during the exam. The State Bar should require the completion of this testing early enough to allow adequate time to resolve any issues or problems it identifies.
Agency response status:
Not fully implemented
Date of implementation:
Nov. 20, 2026
State Auditor assessment status:
Pending
60-Day Agency Response
On July 15, 2026, the Supreme Court directed the adoption of the NextGen UBE for California’s bar exam beginning in July 2028. The State Bar will not have the ability to modify the software platform or select a different vendor. The NextGen UBE is a computer-based exam using the ITS platform. Hardcopy materials are not provided to test takers absent an approved testing accommodation. The annotation tools, notes fields, the ability to size answer windows, and accessibility features have been tested repeatedly, and will continue to be operationally tested as the exam began being administered in July 2026. The State Bar will be developing a California component. Whether the California component will be considered part of the bar exam will be decided by action of the Supreme Court expected in July 2027, following recommendations of the Committee of Bar Examiners and the Board of Trustees. The State Bar is in the process of developing a comprehensive exam assessment framework. Staff intends to present the framework to the Committee of Bar Examiners for consideration for approval on October 10, 2026. The framework will include requirements for sufficient testing of the software platform selected for delivery of the California component.
Public Reasoning Behind State Auditor 60-Day Assessment
Full implementation of this recommendation will require the State Bar to implement a policy to require the testing of all new or changed components of its bar exam and to require the completion of this testing early enough to allow adequate time to resolve any issues or problems it identifies.
