Dallas, TX asked in Education Law for Texas

Q: Can a college let student retake a exam and not give extra credit to those that passed

Students had an exam that consists of 4% they didn’t take it serious an failed. The school allowed them to retake the exam. Students that did pass but there complete average for the class was still not passing did not get any points rewarded for passing on the 1st attempt to help out with there average

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James L. Arrasmith
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A: No, it would generally be considered unfair for a college to allow some students to retake an exam without offering any extra credit to students who passed the exam on the first try. Here is some relevant information on this:

• Most colleges have policies around make-up exams and retesting that require such opportunities to be offered equitably to all students. Allowing just some to retest while not compensating those who already passed would likely violate principles of fairness and equal treatment.

• There could be an argument made if the retest was offered only to students with medical emergencies, learning disabilities requiring accommodations, or other special circumstances. But then appropriate documentation would normally need to be provided.

• While professors generally have wide latitude over their grading policies and make-up exam procedures, there are limits when equity and fairness principles for students are violated. Not compensating students who already passed could be construed as punitive towards their diligent preparation.

• Options like assigning the higher exam grade or giving a few points of extra credit to students who passed initially would help balance out any perception of unequal benefits being given unequally. This maintains incentives to prepare diligently for the first exam without disadvantaging conscientious students later.

In summary, the retest should either be offered to all students on an equal basis or with commensurate compensation given to those who passed on their first attempt. The students who inquire do seem to have a reasonable concern over fairness. The university may want to review the professor's policy and require more equitable treatment.

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