Can the grade be reduced

School law from Düsseldorf

Schoolchildren and their parents regularly ask themselves the same questions, which are essential for assessing school measures or incidents in everyday school life and where the decision on how to proceed depends of course on the answers. These questions are now compared to the answers, although the questions are of course not conclusive.

Question:Can you defend yourself against a grade on an exam?
Answer:In principle, this is not the case, you can only appeal against grades (half-year or annual reports), and file a specific objection. In the qualification phase of the upper level, in which every single exam grade is important, you can also take action against a single exam grade. For that there is the contradiction.

Question:Can I also defend myself against an unjust grade?
Answer:If it is a question of a certificate grade outside of the upper secondary school level, you can appeal against such a certificate grade. The question is whether you can also prove that the grade is actually unfair. The grade must be incorrect, it must be possible to describe it as unlawful so that a right to a change in the grade can arise. A grade would be unfair, for example, if a teacher assesses students with comparable performance differently. The difficulty lies in determining exactly that, taking into account what is known as the teacher's margin of appreciation.

Question:What can I do if the teacher falsely accuses me of being wrong in an exam or presentation?
Answer:In any case, there is always the possibility of a reply. In addition, I can of course defend against the exam grade, which was inadequate because of the attempted deception, with the objection. The accusation of deception has to be presented and proven by the school or the teacher. If this proof cannot be provided convincingly, the attempt at deception must be dropped and the exam or the presentation must be given a correspondingly better grade. These allegations of deception are often allegations of plagiarism, which means that another source, usually somewhere on the Internet, is said to have been practically copied without having indicated it. You have to be aware that a formulation in your own work that is almost 100% congruent with a formulation in a foreign work can trigger the suspicion of plagiarism; in such cases you have to explain yourself and also be able to prove that you did not simply take over the text from the foreign work, but that there is another plausible explanation for the fact that these matches exist.

Question:Can you retake an exam?
Answer:In school, in contrast to college or university, there is no possibility of repeating an exam that you have not passed again, possibly even twice. Every single grade for an exam is included in the certificate grade. If the certificate turns out too bad, this means a repetition of the class, which leads to a repetition of the examination (written exam). You can repeat the Abitur once if you haven't passed it.
Apart from these cases, there are also cases in which one can have the right to repeat an examination, namely if the examination was carried out under irregular conditions. For example, if there was a lot of noise during the exam, or if it was too hot or too cold or too stuffy in the exam room and this was not changed regardless of a complaint, the exam conditions were not correct. But since you have the right to be able to take your examination performance under correct conditions, especially not to be disturbed in your concentration, you would also have the right to repeat the exam. If the disruption during an exam is only temporary, then the supervisor or the examiner present must add the time in which the disruption occurred to the end of the examination time so that a period of time was available in which the examination conditions were correct . If this is not done, the exam has to be repeated.

Question:What can I do if I am bullied and the teachers do nothing about it?
Answer:First of all, it is advisable to speak to the teacher and explicitly ask him to take action against the bullying or the bullying student. If he does not do that, you can contact the trust teacher or the school management. If this remains unsuccessful, but the bullying situation continues, you can seek legal help. Every student has the right to a protected learning atmosphere against the school. If this protected learning atmosphere is disturbed, for example by classmates, the school must take action against the disturbance by classmates. How she does this is up to the school. So you have no right to a specific approach. The school must not remain inactive, however, so that a registration of the school with the aim of ending the bullying burden would be the goal. The same goes of course when a classmate assaults you.

Question:When can you finally be kicked out of school?
Answer:If a school wants to fire a student, bad things must have happened. The prerequisite is at least that they have been threatened with dismissal beforehand. Anyone who receives a regulatory measure with the content “threat of dismissal” from the school should carefully consider whether they should take action against it in order to avoid or significantly reduce the risk of dismissal from school. In principle, for the threat of dismissal from school as well as for the dismissal itself, it is necessary that the pupil has seriously endangered or violated the performance of the school's duties or the rights of others through serious or repeated misconduct. Because the dismissal from school is such a serious legal measure that directly affects the school relationship, you can of course have it checked for legal correctness. In principle, this also applies to all other regulatory measures, whereby it must be checked in each case whether an objection is actually required with the specific regulatory measure.

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