Thanks, Herb, this is just enough wiggle-room.  I assume I may quote  
you and use your impressive credentials.

Susan


On Apr 4, 2009, at 6:36 PM, STAHLKE, HERBERT F wrote:

> I would say that as written it is ambiguous.  The question is the  
> scope of the modifier, and the sentence could be interpreted so as  
> to put each verb phrase into the scope of the modifier.  It isn't  
> customary to set off a postposed prepositional phrase modifier with  
> a comma, and so it can be interpreted as specific to that predicate  
> or generally as a modifier of all three predicates.  It can clearly  
> be read aloud either way, and the slight pause if it is interpreted  
> as a sentence modifier would not have to be marked by a comma.
>
> Herb
>
> Herbert F. W. Stahlke, Ph.D.
> Emeritus Professor of English
> Ball State University
> Muncie, IN  47306
> [log in to unmask]
> ________________________________________
> From: Assembly for the Teaching of English Grammar  
> [[log in to unmask]] On Behalf Of Susan van Druten  
> [[log in to unmask]]
> Sent: April 4, 2009 7:02 PM
> To: [log in to unmask]
> Subject: Re: syntax in a legal document
>
> Thanks, Herb.  I probably should clarify.  IEP's are law that are  
> written by the special ed teacher.  I, the classroom teacher, am  
> required to follow the law even though I find it to be immoral as  
> it condones cheating and requires me to give my good name to a  
> grade that I know was acquired by cheating.  I want you to find the  
> original IEP to be ambiguous.
>
> So here's my question: as written is the originally-worded  
> statement from the IEP ambiguous enough for a smart lawyer on my  
> behalf to argue that I, the classroom teacher, can use my  
> discretion about not allowing a test to be given in the special ed  
> resource room?  Or am I required by law to let my test be  
> administered by the special ed teacher (who will let my student  
> cheat)?
>
> My district may be forced to fire me for breaking the law because I  
> did not allow the test to be taken in the resource room last Friday  
> when directly told to do so by my principal.  I would like to use  
> the vagueness of the IEP (written by the special ed teacher) as my  
> defense.
>
> I'd like to hear the grammar experts' responses.
>
> Don't worry, I have many other defenses.  I just want your take on  
> the syntax issue.
>
> Susan
>
> On Apr 4, 2009, at 4:11 PM, STAHLKE, HERBERT F wrote:
>
> To make it unambiguous, I think you'd want to put "per teacher  
> discretion" at the beginning of the sentence.  Then it would  
> clearly modify all three verb phrases.  It's too easy to interpret  
> the phrase as restricted to the last conjunct if it's at the end.
>
> Herb
>
> Herbert F. W. Stahlke, Ph.D.
> Emeritus Professor of English
> Ball State University
> Muncie, IN  47306
> [log in to unmask]<mailto:[log in to unmask]>
> ________________________________________
> From: Assembly for the Teaching of English Grammar  
> [[log in to unmask]<mailto:[log in to unmask]>] On  
> Behalf Of Susan van Druten  
> [[log in to unmask]<mailto:[log in to unmask]>]
> Sent: April 4, 2009 3:42 PM
> To: [log in to unmask]<mailto:[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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