Adam Ferber is the former Examinations Director for the State Bar of California and grader of 40 California Bar and First-Year Law Students’ Examinations. He provides intensive, individualized tutoring and coaching to applicants for both exams at www.ferberbarreview.com
“Based on the results of empirical studies relative to reliability, scores have been established for passing and failing after one reading of the examination. For those applicants whose scores after the first read (Phase I) are near the required passing score, all answer books are read a second time, and the scores of the first and second readings are averaged. The total averaged score after two readings is then used to make a second set of pass/fail decisions, providing there are no grading discrepancies of more than 10 raw points between first and second read grades on any question (Phase II). Any answers with grading discrepancies more than 10 raw points between first and second read grades are read a third time before making the third set of pass/fail decisions.” DESCRIPTION AND GRADING OF THE CALIFORNIA BAR EXAMINATION– GENERAL BAR EXAMINATION AND ATTORNEYS’ EXAMINATION
Here’s how this translates. Based on statistical information, the Committee of Bar Examiners believes that certain combined MBE, essay and written scaled scores reliably indicate performance that is clearly passing or failing, no matter how many times the applicant’s work is graded. These scaled scores are respectively, relatively far above and relatively far below, the “passing score” of 1440.
Although the Committee would prefer no variations in essay and performance test scores assigned to the same answer by different graders, it allows for them by the device of the “second read.” Applicants whose scaled scores fall within a specified number points above or below a passing score but who have not clearly passed or failed have their answers read a second time. The ”first read” and “second read” scores are averaged, scaled and added to the MBE to constitute a total scaled score. If “first” and “second read” graders have differed by more than 10 raw points, the answer is read a third time before the results are totaled up. Applicants whose “second read” scores are above 1440 pass the exam. A “final read” is provided to applicants who are still under 1440 after second read, but by a narrower margin than previously. This “reappraisal” can only help an applicant; it will not depress his or her previous score.
Phased grading has at least two implications for your essay and performance test preparation. One, of course, is that you should write to pass on “first read.” The other is subtler. It is that you should expect your writing to be seen by at least two and possibly four separate graders. Write for all of them.
Copyright 2010 Adam Ferber and www.ferberbarreview.com. Reprinted by permission.
{ 2 comments… read them below or add one }
I would like to know how a score of say 70 is scaled. For example how many points are given for each essay score to reach 1440. what is the average that one needs on six essays to pass the essay section. What is the aversge on the P.T. And how many M>B>E questions must be answered?
Oh – if it were only that easy.
The scaling formula typically involves taking the raw MBE score and applying to it both a multiplier and an additional number of scale points. My understanding is that the formula can vary from exam to exam. For more detailed information on converting raw scores to scale scores through a series of linked equators, I’d suggest you consult a text on Educational Measurement or your friendly neighborhood psychometrician.
There is no “hard” average score on each test item to achieve a passing grade on the entire exam. That’s because all of the items are interconnected variables. In other words, a very high MBE score reduces the average essay and PT scores that applicant would need to achieve to pass the entire exam.
In a sense though, isn’t this discussion academic? Every applicant must prepare to achieve the highest possible scores – not simply “passing” ones.