Author
WASHINGTON, D.C., July 30, 2026 – On July 28, 2026, test takers across the country arrived for day one of the July 2026 NextGen Universal Bar Exam (UBE) testing period. However, several testing sites across the country—such as in Washington State, Maryland, and Missouri—experienced bandwidth, connectivity, and technology issues. While testing sites in Maryland and Missouri experienced delays, testing at the Yakima Convention & Event Center in Washington State was canceled outright and postponed until September 1-2, 2026.
These testing centers were all administering the first-ever NextGen UBE exam, a new exam rolled out by the National Conference of Bar Examiners (NCBE) aimed at focusing more on lawyering skills. While the NextGen UBE requires consistent Wi-Fi connectivity to progress through exam sections on NCBE software, the previous version of the UBE generally only required Wi-Fi connectivity to download and upload exam files. In fact, the exam software used by many test takers was designed to block Wi-Fi access during administration of the exam. Accordingly, the bandwidth required for the NextGen UBE vastly differs from the previous version of the UBE.
Despite the clear role of altered connectivity requirements in this failed NextGen UBE roll-out, the NCBE refuses to take accountability and eschews responsibility for the harm caused by their exam. NCBE has stated, “Based on the information available, the issues experienced during the inaugural administration were limited to certain testing locations in three jurisdictions and did not involve the NextGen testing platform itself. Where local network connectivity, testing-site infrastructure, and on-site equipment functioned as expected, the platform performed as designed throughout the administration.” While this statement may be true, the issue is beyond whether or not the “platform performed as designed.” The real question is whether the appropriate amount of preparation, technical assistance, and contingency planning went into administering the first-ever NextGen UBE after a relatively quick roll-out. Based on the events of this week, the resounding answer to this question appears to be “no.”
It remains unclear if the NextGen UBE is a clear improvement on previous versions of the UBE. Even if, in theory, this version of UBE is a test more geared toward the practice of law over sheer memorization, Crip the Law wants to make it clear that the adoption of the NextGen UBE is not enough to eradicate the barriers that inherently taint this type of high-stakes, standardized testing – particularly for disabled test takers. This specific failure is just the most recent and poignant demonstration of that fact. Crip the Law therefore renews its call for all jurisdictions to adopt alternative pathways to licensure, such as so-called “diploma privilege.” In the immediate term, Crip the Law calls Washington State to expeditiously grant diploma privilege to everyone who appeared in Yakima, Washington on July 28, 2026, with the intention of taking the Washington State Bar Examination.
In addition to the option of taking the July 2026 exam on September 1-2, 2026, affected Washington State test takers have also been given the option to take the February 2027 exam or receive a refund. This is not enough. These options ignore the economic, mental, and emotional toll associated with such a delay. Postponing the exam until September will force test takers to pay for additional travel and lodging, delay employment, extend or disrupt childcare and caregiving arrangements, postpone medical appointments or treatment, and continue studying for another month. These burdens will fall especially hard on disabled applicants, applicants of color, and applicants with limited financial resources.
While test takers with disability accommodations at the Washington State site were not affected and able to proceed with the exam as scheduled, the events leave these test takers with less time to prepare than their nondisabled peers. Proceeding as usual would be fundamentally unfair and inequitable for all applicants. There is no avoiding this reality.
Applicants spent months preparing for, and made significant financial, professional, medical, and personal sacrifices to take, the July exam. They should not be penalized for technical and logistical failures out of their control.
In 2020, Washington led the country by granting diploma privilege during the COVID-19 pandemic. It should do the same again now. Applicants showed up prepared to meet their obligations—the state of Washington must now meet its obligation to them.
The buck does not stop with the State of Washington, however. The NCBE must take accountability for its role in this failed roll-out, and all jurisdictions should consider and adopt alternative licensure pathways, such as diploma privilege, to truly prevent and address the inequities perpetrated through this botched bar exam administration.
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Release Date: July 30, 2026