Susan,
I think the school district needs to specify whether they are using the
term "law" to mean that the full range of restrictions on legal language
(e.g., that specific clauses are to be interpreted based on precedents
in similar cases, possibly including ones from 1782) apply to whatever
the S.E. teacher writes. If they do, the S.E. teacher needs some legal
training. As Herb has pointed out, there's a big difference between how
real legal language is interpreted, and how we interpret everyday
language.
As a side note: You could always point out that, since the "law" allowed
for the "discreation" of students, it's void. Even murderous teachers
can't discreate their students; one would need a working time machine to
do so. Reality has a different set of laws, and they're much harder to
break. If the S.E. teacher then says, "but you know what I meant," you
can then say, "O.K., but I also know you meant to put a comma before
'per'." After the inevitable protest, point out that if you're required
not to take the sentence literally, you can't be faulted for reading in
something that is (a) reasonable, and (b) couldn't be ruled out at the
moment unless you managed to achieve telepathy.
Sincerely,
Bill Spruiell
From: Assembly for the Teaching of English Grammar
[mailto:[log in to unmask]] On Behalf Of Susan van Druten
Sent: Saturday, April 04, 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]
________________________________________
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 3:42 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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