A school boy is suing New York City's Department of Education (DOE) after it refused to allow him to retake an entrance test for an elite high school.
The lawsuit claims he had to walk out of the original test at Staten Island Tech because he was distracted by boisterous boys.
According to UPI, in his lawsuit, 12 year old Barry Tessler said: "Several test takers that were sitting near me spoke loudly, laughed, giggled and sang."
He had to abandon the test and left in tears because the proctor was "unable to control the children", reports the New York Post.
Tressler had spent the summer preparing for the entrance exam and had also taken a Kaplan course by way of preparation.
His father Akiva Tessler, an administrative judge with the State Liquor Authority, tried unsuccessfully to convince the school to allow his son to retake.
They filed the suit last week after the school and DOE refused.
They are demanding that Barry be given a chance to complete the original test of October 27 or he be allowed to retake it.
