The forthcoming revamped bar exam set to debut in July 2026 is set to abandon ExamSoft, the testing platform fraught with a history of technical glitches. On Tuesday, the National Conference of Bar Examiners disclosed its decision to switch from ExamSoft, widely utilized by states for the existing bar exam, to a different testing software for the NextGen bar exam.
Surpass Assessment Software Chosen as Replacement
The transition to Surpass Assessment software follows numerous technological issues encountered with ExamSoft. Notably, the company settled a lawsuit in 2015 for $2.1 million after bar exam takers couldn’t upload their test answers, an incident dubbed “barmageddon” in legal circles.
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ExamSoft Under Scrutiny During COVID-19
ExamSoft’s software faced heightened scrutiny amid the COVID-19 pandemic when remote administration of the exam, utilizing laptop microphones and cameras for monitoring, led to widespread technical disruptions. Instances of computers crashing mid-test were reported during the July 2021 exams nationwide. An investigation by the State Bar of California revealed significant tech issues, affecting nearly 31% of remote exam takers, with 2% experiencing data loss or time constraints. ExamSoft attributed these problems to excessive memory usage by the video proctoring component.
Diversity in Software Providers
States can select from ExamSoft, Extegrity, or ILG Technologies to deliver the written portions of their bar exams. California, New York, and Florida utilize ExamSoft, while Texas, Illinois, and New Jersey opt for ILG. Extegrity’s chief operating officer, Greg Sarab, cautioned against a single software platform for all states, citing potential risks.
Transition to Surpass Assessment
Surpass Assessment’s software, already trusted by professional licensing boards such as the National Board of Medical Examiners and American Nurses Credentialing Center, will be the new choice for administering the NextGen Bar Exam. This transition also marks a shift to a fully computerized exam format, eliminating the traditional paper question booklets and Scantron sheets.
Embracing Skills-Oriented Evaluation
The NextGen bar exam aims to be more skills-oriented, reducing reliance on rote memorization of law. The National Conference will offer the current exam and the NextGen test from July 2026 through February 2028, with plans to administer the new test exclusively after that.
The financial terms of the agreement between the National Conference and Surpass Assessment have not been disclosed.
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