Thanks to everyone for all the kind words and advice.

An IEP is a legal document written by the special ed teacher.  Bruce,  
I can assure you that the "spirit" of the sentence was meant to give  
him (the special ed teacher) sole power over deciding if our mutual  
student should take my test in his room.  I was told to follow the  
law or be fired.  So I came up with the solution of allowing the test  
to be given in the special ed classroom, but I would also be in the  
room (another teacher was going to cover my class).  When the asst  
principal learned of my plan, he called the central office and was  
told to tell me to stay out of the sp ed classroom and give the my  
test to the special ed teacher or go home for the day.  I went home  
early on Friday, so I don't know what happened.  (We are now on  
Spring Break this week.)  I assume they took my test and gave it to  
the special ed teacher.

I am glad that you find this situation as absurd as I do.

Susan


On Apr 6, 2009, at 9:06 AM, Bruce Despain wrote:

> 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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