Bar Exam Remote Proctoring

In response to the COVID-19 pandemic, many jurisdictions opted for an online, remote administration of the bar exam.

An online administration harms people of color, women, and applicants with disabilities.

Online bar exams rely on facial recognition technology. Unfortunately, the accuracy of facial recognition technology varies based upon race and gender, putting racial minorities and women at a disadvantage when this technology is used. A study conducted by the National Institute of Standards and Technology, which examined a majority of providers in the facial recognition industry, evidenced consistent and pervasive disparities in accuracy along racial lines. Similarly studies have found facial recognition technology to disproportionately fail to identify women. Jurisdictions are also using AI proctoring to flag examinees for cheating, meaning that applicants with disabilities that cause different movements and expression patterns are disproportionately likely to be tagged for cheating.

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Bar Exam Testing Accommodations