Legal Question in Education Law in Illinois

A test was given with the following grading criteria: benchmark 75%, 50 points awarded if the benchmark is met the 1st test. If you fail to meet the benchmark the first time, you can retake the test and receive 25 points if the benchmark is met.

After all results are in the following Monday, the instructor announces that the benchmark was changed to 70 and those who scored 70 the 1st test are awarded 50 points. I scored 68 the 1st test and 78 the 2nd test. How fair is it that a student who scored 70 both times never meeting the original benchmark receives a full 50 points. In all fairness to everyone who failed to originally meet the benchmark of 75 the 1st test, wouldn't it have been fair for the department to say: seeing how difficult it was to reach the original benchmark we will award 50 points to all who meet 70% the 2nd test. This gives everyone a fair chance at receiving the 50 points. A change was made to accomodate only some students and not all. Is this worth fighting for considering those 50 points helped students pass the entire course while others failed?


Asked on 5/19/10, 10:05 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

I have no idea if this is fair or worth fighting. Is it to receive a promotion at a place of employment? Was the test or the eleventh hour scoring change violate anti-discrimination laws in some way? Your results did not change based on the scoring change, so how can you be disadvantaged in any way by the scoring change?

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Answered on 5/24/10, 10:57 am


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