In a strategic effort to stave off financial ruin, the California Bar has entered into a five-year development contract with Kaplan Exam Services, valued at $8.25 million. The contract marks a significant shift as it involves Kaplan authoring the test, replacing the National Conference of Bar Examiners’ (NCBE) Multistate Bar Examination (MBE) by 2025. The California Bar was compelled to seek alternatives when faced with bankruptcy, ultimately deciding to disengage from the NCBE.
Opting for Kaplan’s services enables the Bar to leverage a repertoire that includes multiple-choice, essay, and performance test questions for the California Bar Exam. In addition, Kaplan will exit the retail bar prep business in California while continuing operations in other jurisdictions. The agreement also stipulates that Kaplan will provide faculty and student study guides at no cost, thus enhancing the preparation tools available to aspiring lawyers. For more detailed terms, refer to the official announcement.
Interestingly, this decision illustrates that the dominance of the NCBE’s NextGen exam is not unchallenged. Although the new exam format by Kaplan will test similar subject areas as the previous MBE, there are concerns about the degree of similarity to the test it is replacing. Both Kaplan and the California Bar have prepared for potential legal challenges by including a cost-sharing mechanism within the contract. The NCBE’s removal from this process underscores a pivotal moment in the regulatory landscape of legal examinations.
As Kaplan prepares to roll out its new exam in six months, the California Bar and its stakeholders will be closely monitoring the implementation and effectiveness of this novel arrangement. Given the context of this significant partnership, concerned parties within both academic and professional legal circles are advised to monitor further developments closely.