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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