California bar exam failers to get free retakes, amid testing mess

Updates in paragraph 8 the number of people withdrawing from the exam.

By Karen Sloan

Feb 24 (Reuters) - The State Bar of California will allow those who fail its February bar exam to retake the attorney licensing test in July for free in response to the new test’s rocky rollout.

Problems with testing locations, technical issues and communication lapses have distracted test takers and "created confusion," said State Bar Board of Trustees Chair Brandon Stallings in a prepared statement on Friday.

“These problems are deeply concerning," Stallings said.

The board's unprecedented decision on Friday to provide fee waivers for those who fail the test on February 25 and 26, so that they can take July's test for free, follows its February 13 offer to give refunds to those who withdrew from the test that starts on Tuesday. The board has allotted $3.1 million for the waivers and refunds.

California's bar exam has faced tech and logistical problems before, but February's challenges are more extensive and sustained.

California has the second-highest number of annual bar takers, behind only New York, with about 11,000 taking the test each year in February and July. State bar officials have attributed some of the recent problems to the fact that about 1,000 more people signed up for the February exam than they anticipated.

About 5,600 people registered for California’s February bar exam — the first administration of the state’s hybrid remote and in-person exam that does not use any components of the national bar exam it has used for years. The February 2024 exam had a 34% pass rate.

A state bar spokesperson said Monday that 964 people have withdrawn from the upcoming test.

In August, the state bar fast-tracked a new exam written by Kaplan Exam Services and gave examinees the option of testing in person or remotely under the supervision of online proctors. This change was initially projected to save as much as $3.8 million annually by eliminating the need to rent out large event spaces, though cost overruns have cut into those expected savings.

February examinees have reported problems scheduling their in-person tests and a lack of nearby test sites. They say the state bar and testing company Meazure Learning have provided contradictory information at times and reported technical glitches in the exam software.

In addition to the free retake in July, the state bar said it has offered reimbursements for travel expenses to some out-of-state examinees taking the test in person and provided similar travel reimbursements to in-person examinees whose test sites were moved at the last minute.

“We recognize that the goal of all applicants is to pass this exam, and compensation of any kind falls short for some,” Stallings said.

Read more:

Amid Calif bar exam disarray, refund offered to 5,600 test takers

California’s new bar exam hits early snags, examinees report