An article published last week on Law.com proclaims that the early results for the July 2021 multi-state bar exam were “less drama-filled than the exam itself” with the national mean scaled score falling only slightly compared to 2019. The national mean score, 140.4, was released last Wednesday by The National Conference of Bar Examiners and showed a decrease of just 0.7 from the pre-pandemic July 2019 national mean of 141.1 (the last time a full national group took the test). This year’s mean was also generally on-par with 2020, when due to the ongoing pandemic, the test was administered on three different dates with reported mean scores of: 141.6, 142.7, and 137.2. And, the mean score fared better than in 2018 when the mean was 139.5.
While all states administered a bar exam in July, due to the pandemic, 24 jurisdictions offered the test in-person and 29 offered it via full-length online exam. Online test-takers reported an experience riddled with technical difficulties. For some, the remote-testing software crashed and forced a computer restart costing them valuable time—ranging from a few minutes to an hour and a half—and causing significant added stress.
And, despite the similar mean-score comparisons at the national-level, an article from Reuters suggests that the early state-level pass rates are emerging as “ominous” indicators. Just nine states have published results, but eight of them are reporting lower pass rates than in 2020. While the number of test-takers in each state has been relatively small, Iowa’s pass rate decreased by 12 percentage points this year (71 percent passed in July), New Mexico’s decreased by 18 percentage points (71 percent), and Nebraska’s decreased by 17 percentage points (72 percent). In North Carolina, the overall pass rate dropped from 83 percent in 2020 to 75 percent this year, despite the passing score being decreased by 2 percentage points in response to the online test’s technical problems. South Dakota, at this point, is the only state to increase its pass rate (+ 3 percentage points year-over-year) to 73 percent.
Five out of the nine reporting states gave full, in-person exams both this year and last, and four out of five of them reported drops in pass-rates. This suggests that not all of the blame can be put upon the online test. University of Iowa law professor Derek Muller, speaking to Reuters, points to pandemic fatigue and learning loss related to law schools’ move to online and hybrid learning. “That’s showing in the results now. That’s just speculation, so I think we’re going to want to see more about it. But that’s something law schools should be looking really hard at,” he said.
While the National Conference of Bar Examiners has already said that the bar exam will no longer be available in an online format and will return to in-person testing only, it will be interesting to see the pass results for other jurisdictions. Law schools may find it necessary to provide additional support to students.