There were concerns raised over Kaplan Test Prep's involvement in creating multiple-choice questions
The State Bar of California’s initiative to create its own bar exam faced delays in May after the National Conference of Bar Examiners (NCBE) raised concerns over intellectual property rights.
Newly released documents reveal that the California Bar proposed contracting Kaplan Test Prep to develop multiple-choice questions similar to those used in the Multistate Bar Exam (MBE), which forms part of the national bar test.
Reuters reported that California's plan included an annual payment of up to US$ 1.475 million to Kaplan over five years. This change aimed to save the California Bar up to US$ 4 million annually by facilitating remote testing and eliminating the need to rent large event spaces twice a year. However, on May 16, Kaplan requested that the California Bar defer any decisions after receiving a letter from the NCBE two days earlier. The NCBE warned Kaplan not to use any copyrighted MBE materials.
In its letter, the NCBE reminded Kaplan, “None of the NCBE materials should be used as—or to create—multiple-choice questions for any jurisdiction,” expressing concern over recent comments by the California Bar regarding its exam plans. Kaplan has licensed actual MBE questions for its test prep programs since 2009. When approached for comments, Kaplan declined, while a spokesperson for the NCBE referred to their May 14 letter and mentioned that California has until November 1 to decide whether to use MBE questions for the February 2025 bar exam.
Currently, California bar examinees complete the 200-question MBE in one day, followed by five one-hour essays and a 90-minute performance test developed by the California Bar on another day. The California bar staff continues to collaborate with Kaplan to address intellectual property concerns. They are also considering either using the MBE for the February exam or developing their own multiple-choice questions for the July 2025 test.
Leah Wilson, Executive Director of the California Bar, stated, “We remain optimistic about finding a collaborative solution with the NCBE to resolve these issues for the benefit of future California bar exam applicants.” The California Bar's efforts aim to ensure the continuity and fairness of the bar exam process while exploring cost-saving measures and adapting to new testing formats.
