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Student files lawsuit over school grade
the times herald ^ | 2/16/03 | HANNAH NEWTON

Posted on 02/20/2003 7:21:53 AM PST by freepatriot32

Edited on 05/07/2004 7:19:28 PM PDT by Jim Robinson. [history]

MEMPHIS -- A Memphis High School senior is suing the school district to get a grade overturned, a restraining order on class rankings and $25,000.

Brian Delekta filed the lawsuit Friday claiming he wasn't given the grade he had earned, which could keep him from being class valedictorian. Delekta ended the 11th grade in 2002 ranked top in his class.


(Excerpt) Read more at thetimesherald.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Front Page News; Government; News/Current Events; Politics/Elections; US: Tennessee
KEYWORDS: college; effected; files; grade; lawsuit; mother; over; paralegal; party; school; student; third; wahwahwah
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3 geusses what this whore becomes when he grows up.Well gets bigger anyway i dont think he will ever grow up
1 posted on 02/20/2003 7:21:54 AM PST by freepatriot32
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To: freepatriot32
I hope he looses and gets disillusioned and decides to NOT be a lawyer. Worst possible outcome would be for him to win and then think that the best way to solve a personal disagreement is to sue.
2 posted on 02/20/2003 7:24:46 AM PST by taxcontrol
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To: freepatriot32
Did the little dork know what the ISD's grade values were? Maybe his momma ought to teach him to know what he's getting into before hand, instead of getting sue happy from the get go. But then she's a lawyer, so we can forget that.
3 posted on 02/20/2003 7:25:24 AM PST by Wolfie
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To: freepatriot32
Headed straight to law school and then into politics. Maybe even to Oxford.....
4 posted on 02/20/2003 7:25:25 AM PST by stanz
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To: taxcontrol
Don't forget the inevitable countersuit if the kid who gets his/her ranking knocked back because of this suit decides to fight fire with fire.
5 posted on 02/20/2003 7:27:30 AM PST by Wolfie
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To: freepatriot32
Pathetic.

It's a freakin' A, kid ... be happy about it.

6 posted on 02/20/2003 7:28:33 AM PST by al_c
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To: freepatriot32
Though he is, and should be subject to the rules in place when he chose to take a particular class, it is indeed manifestly unfair that a difficult class or program has a cap on the grades independent of actual achievement. An unweighted system where college prep and remedial classes are weighted the same is a similar travesty...especially when the average grade in the college prep classes is a full letter below the average in other classes (as they were in my school).
7 posted on 02/20/2003 7:28:49 AM PST by lepton
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To: lepton
it is indeed manifestly unfair that a difficult class or program has a cap on the grades independent of actual achievement....

Maybe, but who's to say that the A+ given isn't a conflict of interest since his mother was the one who graded him? Isn't that "manifestly unfair" to the other students who actually had to work for real bosses?

8 posted on 02/20/2003 7:32:12 AM PST by Future Snake Eater
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To: freepatriot32
Don't judge too quick on this one, you would be amazed how far a school district will go to make sure the ones they want at the top get the top.

I could tell what a school was willing to do to a student to prevent the student from being given what the student earned, but the school would not reconize the achievements because it was not fair to the rest of the class.

This school was willing to attach a letter to transcript stating if student had been rank with student's achievement against the rest of the class the student would be NUMBER 1.

Since they could not rank the student accurately they would have to give student ranking of 36. Students ranked Number 1 are put in a special class of scholarship money and college offers. A district that willing will not rank the student with the students accomplishments is causing a loss of money to that student.
9 posted on 02/20/2003 7:33:10 AM PST by Just mythoughts
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To: freepatriot32
Looks as if the Memphis ISD is desparately trying to teach students that there is no difference between a grade of A and A+. That should keep the students from working too hard for a grade.
10 posted on 02/20/2003 7:34:31 AM PST by FreePaul
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To: Future Snake Eater
Maybe, but who's to say that the A+ given isn't a conflict of interest since his mother was the one who graded him? Isn't that "manifestly unfair" to the other students who actually had to work for real bosses?

There doesn't appear to be any question as to the quality of the job, or "conflict of interest" (which I would hope they would try to minimize). This barrier appears wholly artificial.

11 posted on 02/20/2003 7:40:13 AM PST by lepton
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To: freepatriot32
bump
12 posted on 02/20/2003 7:42:04 AM PST by RippleFire (Hold mein bier!)
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To: freepatriot32
Back in the early '90s when I was teaching at the local university, I had a parent call me after the semester was over to try to get me to change her daughter's D to something higher.

I said that unfortunately, her daughter did D work at best, and my award of that grade was charitable.

Mama got very upset with me. When she finally took a breath from her rant, I mentioned that of the 10 assignments, her little girl didn't even turn in four, for which I should have failed her right there.

I pointed out that her little girl was always late to class - at least 15 minutes late for a 50-minute class - every time, and I had the records to prove it.

I offered to take Mama and her little girl to the college ombudsman or whoever it was that arbitrated these sorts of disputes, and Mama backed down pretty quickly.

I'm guessing her little girl didn't tell Mama about her subpar performance - just how unfair I was as a teacher - and that Mama figured she could intimidate me, the lowly teaching fellow.

And when Mama hung up on me, I knew exactly where her little girl got her non-work ethic.
13 posted on 02/20/2003 7:44:45 AM PST by Xenalyte
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To: Xenalyte
That's the type of thing I think of when I hear of a lawsuit over grades - however in this case, there's no apparent questioning of the performance, just a dumb policy (and a kid who took the program undoubtedly knowing of the dumb policy).
14 posted on 02/20/2003 7:55:27 AM PST by lepton
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To: Howlin; Ed_NYC; MonroeDNA; widgysoft; Springman; Timesink; AntiGuv; dubyaismypresident; Grani; ...
Idiot lawsuit alert!

"Hold muh beer 'n watch this!" PING....

If you want on or off this list, please let me know!

15 posted on 02/20/2003 7:58:06 AM PST by mhking ("The word is no. I am therefore going anyway..." --Admiral J.T. Kirk)
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To: Future Snake Eater
Somehow the fact that the attorney for the student, the mother, gave a student the "A+", is a bit of a conflict. I mean, somewhere somehow doesn't someone have to approve the work study situation?

Sad and pathetic at best..

16 posted on 02/20/2003 8:13:35 AM PST by Experiment 6-2-6 (Meega, Nala Kweesta!!!!)
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To: lepton
I agree with your point about suing over a grade if the policy was in writing and everyone knew that upfront.

Considering who runs most public schools, I will have to see all facts before I will say the the district is correct and has the facts on their side. Seems to me by voting on changing the policy sparks interest in my mind.

My experience is one that if I wanted I have no doubt I could expose a district in creating a false transcript.

The reason this district will not rank this student with accomplishments achieved is "it would not be fair to the rest of the students". No written policy, made up day to day. The district wants to attach a letter to the transcript explaining the ranking given. I object to a transcript requiring a letter to explain it. I consider a transcript a legal document and the numbers on it should not require a letter attached to explain them.

Also, who knows in 5 to 10 years someone will request the transcript and it gets sent without the attached letter explaining how the ranking was done.

The situation I describe is not about asking for something not earned, or changing a grade, it is about the veracity of a legal document, needing a letter attached to explain it. School districts are holders of transcripts, evidence and a student better make darn sure that whatever they put on an application matches that document, or the student commits fraud.


17 posted on 02/20/2003 8:32:43 AM PST by Just mythoughts
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To: Experiment 6-2-6; lepton
I mean, somewhere somehow doesn't someone have to approve the work study situation?

Right, that's where my train of thought is leading me. How do we even know this kid deserved that grade? I can't totally agree with you, lepton, on the question of impropriety on the mother's behalf as being an "artifical barrier." You may be right and it's nothing, but maybe this kid is trying to have his cake and eat it, too, by getting the A+ grade from his mom as well as a nice court victory and $25,000 in his pocket.

18 posted on 02/20/2003 8:34:42 AM PST by Future Snake Eater
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To: freepatriot32
The "Valedictorian" in my high school class went so far as to deliberately skip a couple of gym classes so that she would get a "PASS" instead of an "A" which would be only worth 4 points instead of the 5 points her honors classes were worth. The PASS wasn't factored in....an "A" would have lowered her GPA. I understand that she's a lawyer now....
19 posted on 02/20/2003 9:17:45 AM PST by Explorer89
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To: freepatriot32
I bet he'll be one of the smart guys who can't understand why he's unemployable.
20 posted on 02/20/2003 10:13:40 AM PST by El Sordo
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