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
________________________________________
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
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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