Low pass rates by DL applicants may have to do with:
1. Poor performance on the essay questions.
2. lack of preparation time due to employment and other responsibilites.
As far as the essay questions, why is that? Do most DL programs use the basic IRAC format, or are many DL students simply coming in to the program with less college level writing?
As far as employment, many ABA part time programs have employed/married, etc students, but still have decent pass rates. Do you think this is due to the more stringent admission criteria?
If DL students were allowed to take some of the easier bars like South Dakota with a consistent 90% pass rate - we would see those pass rates at least double or tiple.
I completely agree. If we required ALL law students to take the FYLSE, and allowed DL to take more than California's crazy bar, we'd see fewer ABA lawyers and more DL lawyers as a result.