Susan,

My take on the matter is that the last phrase is meant to modify the last clause only.  Notice that the first two clauses share the same subject (he) and that the subject to the last clause is "tests."  To make it have solely the meaning you want the phrase would have to end "... all at the teacher's discretion."   The fact that there is no comma before the phrase further suggests that there is contrast to a sentence adverbial intended.  However, that said, the whole spirit of the sentence suggests that it is indeed meant to relate to all these test-taking activities.  The teacher is being allowed to use her own discretion in just one aspect of test taking?  That seems absurd, as all these circumstances would seem to compromise the test taking environment in similar ways.  The fact that "discretion" is misspelled should suggest as well that the rule cannot be taken literally.

Bruce

From: Assembly for the Teaching of English Grammar [mailto:[log in to unmask]] On Behalf Of Susan van Druten
Sent: Saturday, April 04, 2009 1:43 PM
To: [log in to unmask]
Subject: syntax in a legal document

The IEP reads as follows: "He may take tests in the resource room, have extended time to complete them, and they may be open book per teacher discreation [sic]."  Is there any way the per teacher discretion line could be seen as modifying the entire sentence?

I am the teacher who must give my tests to the special ed teacher who lets the students cheat on tests.  I'm looking for a loophole, so the IEP will have to be rewritten.

Thanks for any help!
Susan
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