No one is suggesting that they fail because they get one or two questions wrong, but that if they get it wrong they get it wrong. If the evolution questions account for 31% of the test and they get all of it wrong, they may well get a D which for some schools means they have to retake the class.
Over failing one test?
If evolution questions consist of 31% of a test that seems a bit much. I remember discussing evolution in school and it didn't have such a large part of any test.
It sounds like it is particularly geared to make students fail. Using science as a political tool. It should never be.
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