Student Didn't Pass High School Equivalency Test, But Court Orders That Student Receive Credential

[Boojatta]

If you can show in court that you were denied an opportunity to attempt a high school equivalency test based on your age, then should a court order that you be awarded a high school equivalency credential without any requirement for you to pass any test?

Some authority has legislated or otherwise created and authorized the age restriction rule. It expects or hopes that in the absence of any evaluation there will be a presumption that the young person hasn't attained an academic level equivalent to high school.

Arguably, to allow the authority that created the rule to achieve its goal from an ambiguous situation that it deliberately created is analogous to allowing a party to profit from ambiguity deliberately designed into a contract by the party that will profit from the ambiguity. In the case of a high school equivalency test, the party guilty of trying to achieve its goals by deliberately creating ambiguity isn't a private citizen or corporation, but is a rule-creating branch of government. In a system of government that has not only a rule-creating branch, but also a rule interpreting branch, it is natural that the rule interpreting (i.e. judicial) branch would come to the rescue by reversing the effect of the ambiguity and thereby basically forcing the rule-creating branch to revise its rule.

[Better Today]

1. WTF? Link please.

[ashling]

2. Do you have a link?

:)

[Boojatta]

4. Did you read the entire Original Post, and not just the title of this thread?

[stray cat]

3. Its a presumption as well for those who actually finish some highschools

[Boojatta]

5. The question isn't intended to be rhetorical.

It calls for an opinion about what the common law should be:

If you can show in court that you were denied an opportunity to attempt a high school equivalency test based on your age, then should a court order that you be awarded a high school equivalency credential without any requirement for you to pass any test?

[Boojatta]

6. Kick

[Boojatta]

7. Kick

[Boojatta]

8. Kick