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Can I sue my school district for educational malpractice?

The school will not give me a score above 0% on my keystone test nor a retake. This is the Pennsylvanias proposed system of high school graduation requirements. Cell phone had gone off during the test which gave me an automatic failure. Did not have a warning about this but was told to give teacher my cell phone before the start of the test. Can I make a lawsuit on this?

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The warning was when you were told to give your phone to your teacher before the test started. Since you chose to ignore those instructions, you now have to face the consequences. The issue is that smart phones are used to cheat, so it's not just that you had a phone, it's that you had the potential to cheat as well, which is a serious offense. Realizing that this is keeping you from graduating, but the fact is you would be very unlikely to win any lawsuit. Consider it a lesson learned in how making one tiny mistake can have a serious, and lasting impact on one's life.

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He will not win. Period.
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Stupid Cell phones Keystones, Hey, you sound like someone I know!

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Like who?
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Do you go to West York Area High School?
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No northeastern lol
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oh. you don't know him, + he doesn't have a phone!
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They gave my phone right back after they took the test away
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hey i think my football team played you espur
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Cool!
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What's so hard about following instructions? Cheating is a serious offense, it can get you kicked of high school and it will definitely get you kicked out of college.

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Nope, no lawsuit would stand a chance.

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helixaqua
I can't believe this question!!
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It's a stupid rule, but it's honestly your fault for not giving your phone to your teacher, so no, you can't sue them. It isn't educational malpractice.

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It isn't a stupid rule. Most cell phones have cameras. You can sneak a picture of the questions and sell them for big bucks and people have done exactly that!
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I would hope the judge would laugh you out of the courtroom but some people have filed and won suits on less. "I didn't know my coffee would be HOT"

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great answer!!!
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Thanks , I live to serve.
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You may not be able to sue. Have you appealed the ruling?

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How could you possibly expect to sue someone because you didn't follow their rules? You have no basis for a law suit. You'd be better off discussing this problem with the proper school authorities to try for a retest.

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I'm not going to go strait for a lawsuit, of course I'm going to try for a retest, I spoke with the principle earlier and he said he will do what he can. A lawsuit is my last option.
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You're doing the right thing. Good luck.
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If you were told to give up the phone and didn't, you messed up right there. They ask for the phones so as not to have students who DIDN'T bring a phone interrupted. You kept your phone, AND it interrupted the test. Not fair to other students.

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candybar

No lawsuit. Totally your fault. Nice try kid.

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everyone here has seemed to give great answers on this one. so im not going to give a long drawn out answer. so I'll give u a simple " no"

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No. Even though u weren't technically given a warning of "turn cell phone off or fail" u were told to hand ur cellphone to a teacher which in essence means u shouldn't have ur cellphone going off during the test. By having it in ur possession and it going off it makes u look suspicious of cheating which translates into automatic failure of the test. U cannot retake it for a year I think. Making some sort of lawsuit will be a waste of ur time and money because there is no way u can win- let alone get ur case heard.

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This is not a situation where you get "warned". A simple statement was made at the start of the test. Turn the phones in and get them back at the end of testing. The directions were given in writing when he registered for the test (he may not have bothered reading them). By entering the room he signified he was agreeing to the testers rules.
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