The New York Bar Exam’s administration is facing questions over postponing the recent test in one high-volume Manhattan location due to the blizzard, but still holding it as scheduled everywhere else within the state.

That action has raised concerns that examinees taking the test a day later could gain an advantage on the high-stakes exam by learning the topics or questions from those who already sat for it.

The storm arrived at a challenging time for the board after an outcry over how proctors handled an unexpected episode in July, the last time the twice-per-year test was administered, when a New York test-taker required CPR.
The board defended its handling of the health incident and said the staff is trained for such events, but New York State lawmakers are considering legislation that would require the agency to craft a plan for emergencies.

Examinees are perplexed as to why the test was postponed at the Armory Track & Field Center but not at other sites in New York City and the surrounding area, in the aftermath of the February 23rd blizzard, the region’s biggest snowstorm in a decade. Test-takers at the Armory and elsewhere were frustrated by the board’s decision-making and communication.

Beyond questions about the potential for cheating, test-takers said they were forced to decide between rough conditions or skipping the exam.

Exam takers did not know if they would be penalized for missing the test over a canceled flight or whether they should put up extra money for hotel stays to get ahead of the storm or to stay a day later for a postponed test. Many examinees travel to far-flung locations to take it, arriving in advance to make sure they are on time.
“There was no communication, and a disregard for our safety,” said Gaby Ruiz, a St. John’s Law graduate and test-taker who took the exam in New York City.

Test-takers who were calling the board for information were greeted with a message saying phone lines were closed. Candidates who cannot make it to the test “will be withdrawn,” the message said, which will “not prevent you from reapplying” to take it, “unless you have three or more withdrawals and absences, in which case you will need to petition.”

The board should establish a set of publicly available protocols so people know what to expect when emergencies occur and have more insight into its decision-making process, said David Marshall, a St. John’s University Professor.
Armory-based test takers said they will not be looking for any advantage. For Ariana Paulino, who flew in from Florida to take the test at the Armory, the stress from the delay was not just about a changed flight and hotel costs. The allegations on social media that Armory test-takers now have an advantage “is causing more harm than good,” she said.
A Columbia Law graduate who asked to remain anonymous for fear of retribution from the board said she failed the test in July in the same room where a fellow examinee went into cardiac arrest. Then she was scheduled to take the test at the Armory — and learned things would not go as planned yet again.

“The biggest problem I see is that this exam is only offered twice per year, which makes any change in schedule a huge challenge,” she said ahead of her test. “I am doing my best to stay calm and focused.”

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