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

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________________________________________

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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