As the legal landscape gears up for the anticipated debut of the NextGen bar exam in July 2026, a groundbreaking decision has been unveiled. The National Conference of Bar Examiners has officially severed ties with the beleaguered ExamSoft, a testing platform marred by a litany of technological hiccups over the years.
Embracing a strategic shift, the bar examiners have elected to embrace Surpass Assessment software for the NextGen bar exam. This decision follows a string of persistent issues with ExamSoft, which, in 2015, incurred a $2.1 million settlement in the aftermath of a lawsuit dubbed “barmageddon,” where bar exam takers were unable to upload their test answers.
ExamSoft’s rocky journey continued during the COVID-19 pandemic, as remote exam sessions utilizing laptop surveillance experienced disruptions, including computer crashes. Notably, an investigation by the State Bar of California revealed that nearly 31% of remote exam participants encountered technical challenges, with 2% losing valuable time or answers. ExamSoft attributed these problems to the video proctoring feature consuming more memory than anticipated.
Surpass Assessment, a proven testing software utilized by various professional licensing boards such as the National Board of Medical Examiners and the American Nurses Credentialing Center, has now been entrusted to administer the NextGen Bar Exam. The shift also marks a departure from the traditional reliance on paper question booklets and Scantron sheets, as the NextGen exam will be conducted entirely on computers.
This evolution signals a departure from the memorization-centric approach, emphasizing a more skills-oriented assessment. Set to offer both the existing exam and the NextGen test from July 2026 to July 2028, the National Conference envisions a future where only the innovative NextGen test will be available.
As the legal community eagerly anticipates this transformative change, the spokesperson for the National Conference has maintained a shroud of secrecy regarding the financial arrangement with Surpass for exam administration. This strategic pivot not only addresses the past challenges but sets the stage for a more efficient and technologically sound future in legal examination.
