Can I sue the state of California? The issue is that I took a state certification test for my electrical License. The requirement is to get 70% out of 100 questions right. After taking the test my result was the minimum 70 questions correct, but instead of getting a Pass notice, I was told I failed. The test was calculated at to be 68%, when the issue was brought up to the test administer, He said that some of the questions carry a different weight(some questions matter more than others). In the brouchure and online documents everything is broken down between sections ranging from 25% to 5% having 8 sections total. Yes is true that the sections of the test are broken down in to sections but the when the results of the test are 70 correct out of 100 the percentage should have been 70% not 68%. I was never informed about this, nor does the brochure mention any of this or any online document. I need to go back to work and cannot wait 2 more months before being able to take a re-test. I did have a job wating for me after passing the test, now this result stops me from working, please help. Thank you
Country relating to Question: United States
State (if USA): California
This is my first stop.
Hi, my name is XXXX XXX Im researching your answer now.
The only case law Im aware of that deals with test scoring issues involves a constitutional claim of equal protection/some type of discrimination violations. Otherwise, the grading criteria are at the discretion of the state agency.
With that said, I took this question on because Im very familiar with testing procedures. I was in the military, have three degree, ten years of college, was an emt fire fighter, and a machinist for Robert Bosch Corp.
Ive taken a few tests.
The best course of action at this point is to check with the testing agency to see what thier regrading policy is. Was it a writen test? Multiple choice? How was it graded? By hand? Machine?
You should be able to request a hand graded review of the exam.
it was done by computer, multiple choice.
Yeah, challenge that.
Were all the questions answered? Did the computer leave a blank?
Its a stretch but worth the inquiry.
I Also believe that I got more questions right, I knew that i needed 70 to pass so i had I believe around 80 to make sure I passed the test can I sue if I don't get a print out of my test?
This is the Dept of Apprentiship Standards Electrician Certification?
yes it is
Give me a minute. Im going to read a few things about it.
Do you have anyone you can work under as a trainee?
I already passed my apprenticeship, so no
This is the statute regulating testing procedures. Nothing about appeals yet.
Ok, here it is, section D tells you how to appeal.
I needed to pass this test to be able to work, I need to work on Monday i plan to go to their San diego office to see if I can protest my score. If there's no wasy to protest I plan to see if i can sue or do something to get the passing grade that I should have gotten.
Look, Ill be upfront with you. If you sue for anything, you are not going to get certified by monday. Or proabably much longer then if you just take the test again. The last statute I gave you provides an appeal but it could take up to 90 days to get a hearing. This pretty much shoots down a law suit. Part of the law when suing an agency is that you have to exhaust all internal remedies before a court will hear your case. That means you have to use the agency appeal process before you can sue. Still looking at 90 days for a hearing. Hence, retesting is going to be quicker.
Thats the legal side. In reality, I would do like you and go to the main office. See if you can get the test regraded or something. I dont know how reponsive they will be.
Regardless, that is pretty much all I have for you. If you want, I can opt out of this thread and see if anyone else has something for you but Im pretty confident from years of experience.
Thank you, really appreciate it I will still be trying for an appeal see if I get a response quicker than having to retake the test. Also I don't want to have to pay 100 more dollars to take the test especially when i am not working Thanks again.
No problem. Feel free to follow up if you want to run anything by me. Good luck friend.
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