the no assignment policy must be enforced in school

Students’ Rights

The Supreme Court ruled in 1969 that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This is true for other fundamental rights, as well.

Do I have First Amendment rights in school?

You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school — as long as you don’t disrupt the functioning of the school or violate school policies that don’t hinge on the message expressed.
What counts as “disruptive” will vary by context, but a school disagreeing with your position or thinking your speech is controversial or in “bad taste” is not enough to qualify. Courts have upheld students’ rights to wear things like an anti-war armband, an armband opposing the right to get an abortion, and a shirt supporting the LGBTQ community.
Schools can have rules that have nothing to do with the message expressed, like dress codes. So, for example, a school can prohibit you from wearing hats — because that rule is not based on what the hats say — but it can’t prohibit you from wearing only pink pussycat hats or pro-NRA hats.
Outside of school, you enjoy essentially the same rights to protest and speak out as anyone else. This means you’re likely to be most protected if you organize, protest, and advocate for your views off campus and outside of school hours.
You have the right to speak your mind on social media, and your school has the least authority to punish you for content you post off campus and outside of school hours that does not relate to school.

Can my school tell me what I can and cannot wear based on my gender?

Public schools can have dress codes, but under federal law dress codes can’t treat students differently based on their gender, force students to conform to sex stereotypes, or censor particular viewpoints.
Schools can’t create a dress code based on the stereotype that only girls can wear some types of clothes and only boys can wear other types of clothes. For example, your school can require that skirts must be a certain length, but it cannot require that some students wear skirts and prohibit others from doing so based on the students’ sex or gender expression. That also applies to pants, ties, or any other clothing associated with traditional gender roles.
Dress codes also must be enforced equally. For example, rules against “revealing” clothing, such as bans on tank tops or leggings, shouldn’t be enforced only or disproportionately against girls.
All students should be allowed to wear clothing consistent with their gender identity and expression, whether they identify as transgender or cisgender. This also applies to homecoming, prom, graduation, and other special school events. Schools shouldn’t require different types of clothing for special events based on students’ sex or gender identity — for example, requiring tuxedos for boys and prom dresses for girls.

Can my school discipline me for participating in a walkout?

Because the law in most places requires students to go to school, schools can discipline you for missing class. But schools cannot discipline you more harshly because of the message or the political nature of your action.
The punishment you could face will vary by your state, school district, and school. If you’re planning to miss a class or two, look up the policy for unexcused absences for your school and school district. If you’re considering missing several days, read about truancy. Also take a look at the policy for suspensions.
If you are facing a suspension of 10 days or more, you have a right to a formal process and can be represented by a lawyer. Some states and school districts require a formal process for fewer days.
You should be given the same right to make up work just as any other student who missed classes.

What do I do if I’m confronted by police at my school?

If you’re stopped by a police officer at your school, stay calm. Don’t argue, resist, run away, or otherwise interfere with the officer. Ask if you’re free to leave. If the answer is yes, calmly and silently walk away from the officer.
If the officer asks you a question, you have the right to remain silent. You also have the right to refuse to write or sign a statement. But if you waive these rights, anything you say, write, or sign can be used against you. And if you choose to make a statement, ask to have a lawyer, parent, or guardian present before you are questioned.
You can refuse to give your consent to be searched by the police. This may not stop the search, but this is the best way to protect your rights if you end up in court.
Don’t consent to a phone search; police need a warrant to search your phone. The same goes for a strip-search. No police officer or school employee has the authority to strip-search you.
Don’t resist, fight, or flee from an officer who is arresting you. Say you wish to remain silent and ask for a lawyer immediately. Don’t say anything, sign anything, or make any decisions without a lawyer present.

The rights of immigrant students

Schools cannot discriminate against students on the basis of race, color, or national origin.
Undocumented children cannot be denied their right to a free public education, and schools should not require families to prove their immigration status in order to enroll their children in school.
Students with limited English proficiency cannot be turned away by public schools, which must provide them with language instruction.

The rights of students with disabilities

Public schools are prohibited by federal law from discriminating against people with disabilities, and cannot deny them equal access to academic courses, field trips, extracurricular activities, school technology, and health services.
Educators and administrators must make necessary academic and medical accommodations, ensure equal access to educational activities and opportunities, and respond to harassment and bullying.

LGBTQ student rights

LGBTQ students have a right to be who they are and express themselves in public schools.
Public schools should not “out” students to their families.
Public schools have a responsibility to create a safe learning environment. They cannot ignore harassment based on a student’s appearance or behavior. Students should report harassment or threats to a principal or counselor. This puts the school on notice that officials can be held legally responsible for not protecting students.
Public schools cannot force students to wear clothing inconsistent with their gender identity.
If a public school permits any noncurricular clubs — clubs that aren’t directly related to classes taught in the school — then it must allow students to form a Gay-Straight Alliance or other LGBTQ-themed clubs, and the school can’t treat it differently from other noncurricular clubs.
Students’ transgender status and gender assigned at birth are confidential information protected by federal privacy law. If your school reveals that information to anyone without your permission, it could be violating federal law. If you don’t want school officials revealing your private information to others, including your legal name, tell them very clearly that you want your information kept private and that they should not disclose that information to anyone without your consent.
Some states and cities explicitly protect the right of transgender students to use restrooms and locker rooms consistent with their gender identity. Additionally, several courts have ruled that excluding transgender boys and girls from using the same restrooms as other boys and girls violates federal education law. This is an area of the law that is changing a great deal right now. We recommend that you contact the ACLU if you have any questions about your rights at school.

The rights of pregnant students

Public schools and all schools that get federal funds are prohibited from excluding pregnant or parenting students from school, classes, or extracurricular activities, or pressuring them to drop out or change schools.
These schools must provide pregnant students the same accommodations that students with other temporary medical conditions are given, including the ability to make up missed classwork, attend doctor’s appointments, take time off for childbirth and recovery, and learn in a safe, nonjudgmental environment.
These schools are not allowed to punish a student who chooses to terminate a pregnancy or reveal a student’s private medical information.

Additional resources:

LGBTQ Youth & Schools Resource Library

Other Know Your Rights Issues

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Philippine Laws

House Bill 3611 – No Homework Policy for Kinder to Grade 12

House Bill 3611, otherwise known as An Act Promoting the Holistic Development of Basic Education Students By Establishing a No-Homework Policy for Kinder to Grade 12 and Proscribing the Taking of Textbooks Out of the School for Kinder to Grade 6 Students in all Public and Private Schools, was finally filed before the House of Representatives Bills and Index Division last August 7, 2019. The short title of the bill is “Taking of Textbooks Out of School and No-Homework Policy of 2019” act. The said bill was introduced by House Deputy Speaker Evelina G. Escudero.

Under the explanatory note of the bill, House Bill No. 3611 “ seeks the elimination of homework assignments and prohibiting the taking of textbooks outside of the school ” to “lighten the physical burden of schoolchildren and promote quality family interaction” and “to compel schools and teachers to come up with a more holistic and effective pedagogy” .

House Bill No. 3611 was proposed pursuant to the aim of the State to safeguard the general welfare and interests of school children and protect them from conditions that may adversely affect their health and their right to a balanced life .

The pertinent provisions of House Bill No. 3611 provide:

Sec. 4. No-homework Assignment . – All basic education schools shall make sure that their respective teachers shall not give homework assignments to Kinder to Grade 12 students by conducting all lessons and activities in school.

Sec. 5. No Taking of Textbooks Home . – All basic education schools shall ensure that all Kinder to grade 6 students shall deposit and leave their textbooks in school and no textbooks shall be brought home to prevent the adverse effects of carrying heavy bags to-and-from school.

Sec. 6. Lockers . – All basic education schools shall ensure that each student shall have a locker or a dedicated space that will serve as safe depository for students’ textbooks.

On the other hand, Representative Alfred Vargas has also introduced House Bill 3883 entitled An Act Establishing a No Homework Policy for all Elementary and High Schools in the Country.

The explanatory notes of House Bill 3883 states that in 2018, a study in South Africa shows that “homework is burdensome for students and parents” and it also “undermines learning interest” and does impact family life in a negative way. Said studies show also that “homework is associated with academic achievement”.

Section 2 of the said HB 3883 states that “ All Elementary and High Schools in the country shall not allow teachers to give any homework or assignments to their students over the weekend”.

The public has mixed opinions on the move to ban elementary and high school students from doing homework. Around social media, some welcome this policy, agreeing that homework is a stressor for children that would deprive them of quality time with family at home. However, the other side of the coin vehemently argues that doing homework teaches the children the value of hard work and diligence and instills discipline in them, which values are helpful when they become adults in the future. Moreover, it is also contended that taking homework out of the equation does not necessarily equate to more family time because it cannot be discounted that with much free time at home after school, the children will have idle time to hang out in the internet which would be counter- productive, not to mention that their parents may also be busy as well.

The Department of Education has expressed its support on the No-Homework Policy .

Download a copy of House Bill 3611

Download a copy of House Bill 3883

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It was the day before my first day teaching, and I had my syllabus finished. I was proud of it. Clear expectations, grading policies, and about 900 rules. My mentor, who made teaching look easy (great teachers always do), took one look at it and said, “ Get rid of the rules. ” I was confused—I thought that these rules made what to expect from my classroom clear. My mentor said, “Pick no more than three. And write them and discuss them, then enforce them. Otherwise, get rid of them. Let kids make decisions.”

I’ve deeply thought about that last part over the course of my career: Let kids make decisions . Twenty years later, I am a high school administrator tasked with enforcing rules every day. Let me be clear: Schools need rules to function, but they don’t have to be the focus. My school focuses on allowing students to make choices: It is a centerpiece of how we operate. And although kids don’t always make the right choices, often enough they do. An overreliance on rules, in either a classroom or an entire school, can limit the ability of students to grow and develop their decision-making skills.

Rulemaking in the classroom

Teachers employ a variety of strategies for classroom management, including the implementation of classroom rules. Some teachers develop these rules based on experiences they had as students, from their mentor teachers. In some cases, teachers allow students to develop classroom norms that clarify expectations and, as a by-product, define the do’s and don’ts of the classroom. Regardless of the methodology, the more specifically defined the rules, the less of an opportunity a student has to make a moral or ethical decision to break them.

General rules are better. These give students control over their own decisions but also allow a teacher to decide on a case-by-case basis. Here are three rules that pretty much every infraction you can think of violates—and these rules are also applicable to life outside of school.

Be prepared: This rule is important because it applies to every element of academic success. Students need to be prepared in school, in life beyond the classroom walls (including athletics and other extracurricular activities), and in life beyond high school, such as after school jobs.

Teachers who use this rule can have students develop the picture of a prepared student. This can include bringing all materials, completing assignments, getting ready to learn in a way that promotes success in the classroom, and anything else where preparedness is important. I would often refer to this rule before students broke it. For example, when I would make a reading assignment, I would paint a picture of how a prepared student would be the next day.

Be respectful: Respect is an important part of any classroom relationship. Whether it’s between the teacher and the student or peer-to-peer, relationships built on respect are ones that will last. Students all know the word, but modeling what respect looks like in a classroom is an important part of a teacher’s job. Debriefing throughout the year can help a teacher and the students understand more clearly how to respect others. For example, when discussing a group project, respecting each other’s time by completing the individual tasks in advance can be a part of the conversation when the assignment is given. Likewise, students should learn that respecting themselves is an important lesson that involves practicing self-care.

Be on time: This particular rule is connected to being prepared and being respectful of the teacher’s and the other students’ time. It’s self-explanatory and applicable outside of school. When I was a high school teacher, my students knew that I meant it and that I started class immediately after the bell rang, so my actions backed up this rule as well.

Within these three rules, almost any other rule that a teacher can come up with could fit. They cover the many logistical rules, like turning things in late, getting work that was missed due to an absence, not speaking when someone else is speaking, and the many more rules that teachers have to manage their classrooms. With these broader rules, students can focus on the positives of these behavior guidelines rather than what not to do to get in trouble. The freedom within these rules lies in the teacher treating students more like adults than children.

Rulemaking schoolwide

Rules are important. I am certainly not advocating for no rules. However, when teachers and administrators view students as out to break the rules, it can have an impact on school culture.

Often schools are looking to enforce rules rather than looking to enhance freedoms and decision-making skills. When schools approach students from a rules-centered perspective, they will often try to catch students breaking the rules. This is very different from seeing and praising when the bulk of the student body makes the right decisions most of the time. Administrators and teachers can change the dynamic of the school’s culture by viewing their students as people who try to make the right decisions most of the time.

Schools should provide students with opportunities of choice and freedom. Unstructured time can be a great opportunity for students of all ages to practice good decision-making and, likewise, a great place for staff to praise good decision-making. Creating more opportunities in and out of the classroom for students to make decisions and feel free will promote the practice of doing the right thing.

In our school, students are given the benefit of the doubt. For example, on field day, students have freedom to choose among a variety of activities. They aren’t required to be at a specific place as they are during a normal school day, which gives students real freedom in a place where they may not feel free on a day-to-day basis.

When students do break the rules, it is our job as educators to teach them why their decision wasn’t the right one, how their decision impacted others or themselves, and how to make a better decision the next time. This gives students a chance to reflect on how they arrived at the wrong decision with an adult who is there to both counsel them and help them understand the consequences.

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DepEd to issue guidelines regulating weekday homework of students

Ahead of the passage of a law, the Department of Education (DepEd) will issue a directive regulating the giving of homework to students during weekdays, Secretary Leonor Briones told GMA News Online.

Briones said the directive will contain guidelines including the number of homework that will be assigned, the subjects to be included and the students who will be covered by the policy.

The directive will also reiterate DepEd Memorandum No. 392 (series of 2010) that prohibits homework or assignments during weekends “for pupils to enjoy their childhood and spend quality time with their parents without being burdened by the thought of doing lots of homework.”

Briones said the directive is being finalized for her signature.

“Right now, we are discouraging homework during weekends, but we need to issue a new directive, pending the approval of the bills, that will regulate or limit the homework given on weekdays,” she said.

“In principle, I am supportive of the pending bills in Congress because the final test of the pudding is not really on the homework, we cannot prove the effectiveness of our educational system through homework,” the Education chief added.

There are no guarantees that the kids themselves do the homework, Briones said.

“We know that in a number of cases it is the mother or father, lolo or lola, the tutors or even the yayas who accomplish these homework, so yung output na sina-submit sa school ay hindi output ng bata,” she said.

What should be encouraged within the classrooms is more time for discussions to hone the analytical thinking and assessment of students.

“Data changes, so we can’t always ask them to memorize information and figures. What we should do is teach them discernment and analytical thinking,” Briones said.

Several bills seeking to implement a “no-homework” policy among kindergarten to Grade 12 students are up for deliberation at the Senate and the House of Representatives.

In House Bill 3611, Deputy Speaker and Sorsogon Representative Evelina Escudero also seeks to compel schools and teachers to implement a "more holistic and effective pedagogy" by conducting all lessons and activities in school.

Apart from a no-homework policy, House Bill 3611 also proposes that all kindergarden and Grade 6 students will deposit and leave their textbooks in school. No textbook will be brought home to "prevent the adverse effects" of carrying heavy bags to-and-from schools. —KBK, GMA News

Creating a Homework Policy With Meaning and Purpose

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M.Ed., Educational Administration, Northeastern State University
B.Ed., Elementary Education, Oklahoma State University

We have all had time-consuming, monotonous, meaningless homework assigned to us at some point in our life. These assignments often lead to frustration and boredom and students learn virtually nothing from them. Teachers and schools must reevaluate how and why they assign homework to their students. Any assigned homework should have a purpose.

Assigning homework with a purpose means that through completing the assignment, the student will be able to obtain new knowledge, a new skill, or have a new experience that they may not otherwise have. Homework should not consist of a rudimentary task that is being assigned simply for the sake of assigning something. Homework should be meaningful. It should be viewed as an opportunity to allow students to make real-life connections to the content that they are learning in the classroom. It should be given only as an opportunity to help increase their content knowledge in an area.

Differentiate Learning for All Students

Furthermore, teachers can utilize homework as an opportunity to differentiate learning for all students. Homework should rarely be given with a blanket "one size fits all" approach. Homework provides teachers with a significant opportunity to meet each student where they are and truly extend learning. A teacher can give their higher-level students more challenging assignments while also filling gaps for those students who may have fallen behind. Teachers who use homework as an opportunity to differentiate we not only see increased growth in their students, but they will also find they have more time in class to dedicate to whole group instruction .

See Student Participation Increase

Creating authentic and differentiated homework assignments can take more time for teachers to put together. As often is the case, extra effort is rewarded. Teachers who assign meaningful, differentiated, connected homework assignments not only see student participation increase, they also see an increase in student engagement. These rewards are worth the extra investment in time needed to construct these types of assignments.

Schools must recognize the value in this approach. They should provide their teachers with professional development that gives them the tools to be successful in transitioning to assign homework that is differentiated with meaning and purpose. A school's homework policy should reflect this philosophy; ultimately guiding teachers to give their students reasonable, meaningful, purposeful homework assignments.

Sample School Homework Policy

Homework is defined as the time students spend outside the classroom in assigned learning activities. Anywhere Schools believes the purpose of homework should be to practice, reinforce, or apply acquired skills and knowledge. We also believe as research supports that moderate assignments completed and done well are more effective than lengthy or difficult ones done poorly.

Homework serves to develop regular study skills and the ability to complete assignments independently. Anywhere Schools further believes completing homework is the responsibility of the student, and as students mature they are more able to work independently. Therefore, parents play a supportive role in monitoring completion of assignments, encouraging students’ efforts and providing a conducive environment for learning.

Individualized Instruction

Homework is an opportunity for teachers to provide individualized instruction geared specifically to an individual student. Anywhere Schools embraces the idea that each student is different and as such, each student has their own individual needs. We see homework as an opportunity to tailor lessons specifically for an individual student meeting them where they are and bringing them to where we want them to be.

Homework contributes toward building responsibility, self-discipline, and lifelong learning habits. It is the intention of the Anywhere School staff to assign relevant, challenging, meaningful, and purposeful homework assignments that reinforce classroom learning objectives. Homework should provide students with the opportunity to apply and extend the information they have learned complete unfinished class assignments, and develop independence.

The actual time required to complete assignments will vary with each student’s study habits, academic skills, and selected course load. If your child is spending an inordinate amount of time doing homework, you should contact your child’s teachers.

Homework Guidelines for Elementary and Middle School Teachers
6 Teaching Strategies to Differentiate Instruction
An Overview of Renaissance Learning Programs
Essential Strategies to Help You Become an Outstanding Student
Classroom Assessment Best Practices and Applications
How Scaffolding Instruction Can Improve Comprehension
The Whys and How-tos for Group Writing in All Content Areas
Creating a Great Lesson to Maximize Student Learning
Gradual Release of Responsibility Creates Independent Learners
How Much Homework Should Students Have?
7 Reasons to Enroll Your Child in an Online Elementary School
Teaching Strategies to Promote Student Equity and Engagement
Effective Classroom Policies and Procedures
Collecting Homework in the Classroom
5 Types of Report Card Comments for Elementary Teachers
Methods for Presenting Subject Matter

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NO ASSIGNMENT POLICY_A BOON OR A BANE

2019, International Journal of English and Education

Homework or assignment is widely known as an educational activity, which primary purpose is to help the students improve their performances however some studies showed that assignment has a negative impact on students’ social lives and more assignment increases stress level and physical problems. In the Philippines, a “No Homework Policy” during weekends for all student levels was issued by President Rodrigo R. Duterte. This study explores the possible effect of having and not having assignments on weekends on the transmuted mean scores and performance of high school students. The study was conducted at Central Mindanao University Laboratory High School (CMULHS), in Maramag, Bukidnon using two sections of Grade 11 students. The data was treated using the descriptive statistics. ANCOVA was used to determine if a significant difference exist. Result of the study reveals that class with assignments had a higher transmuted mean scores as compared to those without assignments. An increased performance from midterm to final term was noted in the with assignment group however, there is no significant difference in the performance of the students with and without assignments.

Related Papers

International Journal of English and Education

Denis A Tan , Ian Paul Saligumba

Tests are tools utilized by the teachers to evaluate their teaching and students’ learning to improve instruction, curriculum and consequently compute grades. This study hopes to develop reliable and valid teacher-made tests. Tests for Grade 10 Mathematics in the first and second grading periods were content and face validated by three (3) experts. The content validation was done via congruency with the objectives per topic indicated as well as the level of cognitive domain set for the item in the Table of Specifications (TOS) based on Bloom’s Taxonomy. Then, the tests underwent item analysis and distractor analysis utilizing the Item Analyzer software. Results indicated that the tests items were congruent with the set objectives and levels of cognitive domain. These tests have KR 20 of 0.82 and 0.85 for the first and second grading periodical examinations, respectively. These were of average level of difficulty and with reasonable items. The first 38 items were retained, 14 items were revised and 8 items were rejected. Distractor analysis showed the distractors to be changed while revising an item. Also, it indicated that the stem be improved when distractors were plausible. The tests were valid and reliable hence, measure actual performance of the students.

INSTABRIGHT e-GAZETTE

Lito Larino

The main purpose of this study was to explore the factors of Mathematics achievement of the students from their own perspectives. Mixed-methods approach was used in the study. The quantitative part was employed to define the level of Mathematics achievement of the students. On the other hand, the qualitative part of the study explored the student-related and teacher-related factors of the students' mathematics achievement. The participants of the study were the 247 and 10 of these Grade 7 students of Moonwalk National High School who are officially enrolled for the School Year 2019-2020. Qualitative data were gathered through a 6-item open-ended questionnaire developed by the researcher and through a Focus Group Discussion attended by ten selected students. Whereas, quantitative data were the first quarter GPA of the participants in their Mathematics class. Data analysis involved mean, standard deviation, frequency and percentage for quantitative data while thematic analysis and a simple document analysis were employed for qualitative data. Results show that most of the Grade 7 students have fairly satisfactory achievement in Mathematics. Analysis of the qualitative data shows that student-related factor of Mathematics achievement include interest, self-confidence, attitude towards Math, motivation, perseverance and commitment, compliance, attendance, class participation, study habits, peer support, family support, technology aided learning, asking questions, math self-concept, math anxiety, talkativeness, English language comprehension, concentration/focus, health condition and nutrition, and computer gaming. Moreover, students reported that teacher-related factors of their mathematics achievement include traits such as being kind, energetic, strict, cheerful, positive, hardworking, patient, confident and responsible. Results further reveal that teacher's humor, motivation towards students, competence, mastery of content and teaching methods and strategies such as the use of varied learning activities (e.g. songs, manipulatives, games, etc.), code-switching, good explaining strategy, and collaborative learning positively contribute to their Mathematics achievement. However, teacher's anger, yelling at students, teaching too fast, teaching more than one lessons a day, teaching different lessons everyday and workload were reported by the students as factors that negatively influenced their Mathematics achievement. In addition, curriculum and noisy learning environment were other factors found to negatively impact mathematics achievement. As a result, teachers are encouraged to have awareness and to take into consideration these various factors that help and hinder their students' achievement in Mathematics.

Derren N Gaylo

A quasi-experimental study was conducted to investigate the effects of differentiated instruction, a strategy that may cater to learners' diversity, towards their academic performance and engagement in Basic Calculus. It was participated by sixty Grade 11 learners in the Science, Technology, Engineering and Mathematics (STEM) strand of Bukidnon State University Secondary School, Malaybalay City during the second semester of the school year 2017-2018. Lessons on differentiation and its applications were developed. Researcher-made academic performance test and engagement scale were evaluated by a panel of experts and underwent validity and reliability analysis. The gathered data were analyzed and interpreted using appropriate statistical techniques: mean, standard deviation, frequency, percentage, one-way analysis of covariance (ANCOVA) and paired t-test. The results revealed that the learners' academic performance when taught using differentiated instruction was Very Satisfactory; while learners taught with the conventional instruction was Fairly Satisfactory. There was a statistically significant difference in the academic performance between the two groups of learners, in favor of those taught with differentiated instruction. Moreover, the engagement level of the learners in the experimental group was Moderate before and after the intervention, and there was a statistically significant difference between them attributed to differentiated instruction.

Denis A Tan

This study investigated the effects of metacognitive scaffolding on the mathematics performance of grade VI pupils in a cooperative learning environment. It involved the grade VI pupils of St. John’s School. It made used the pretest-posttest quasi-experimental research design. The instruments utilized were mathematics achievement test and interview protocol. Percentages, means, t-test for paired samples and analysis for covariance (ANCOVA) were used. Findings revealed that: the number of male pupils was almost equal to the number of females; their mathematical ability ranged from poor to excellent; the mathematical ability in the Cooperative Learning (CL) only and Cooperative Learning with Metacognitive Scaffolding (CL with MS) group varied considerably; performance of the pupils significantly increased; mean scores in each group showed significant difference; and the comparison of the mathematics performance of pupils when grouped according to mathematical ability showed significant difference but not for gender. Pupils exposed to CL with MS performed better than those exposed to CL only. The use of metacognitive scaffolding helped the students to fully benefit from cooperative learning. The difficulties of pupils in Mathematics were as follows: understanding the concept, analyzing the problem, memory problems, math anxiety/attitude problem and lack of basic math skills.

PERCEIVED INFLUENCE OF SOCIAL NETWORKING SITES ON THE BEHAVIOUR AND ACADEMIC ACHIEVEMENTS OF SECONDARY SCHOOL STUDENTS IN AKURE METROPOLIS

Israel Adeyemi

There have been noticeable changes in the academic achievements and behavioural outputs of secondary school students and this has been a major concern of parents, teachers and policy makers in education owning to their involvement on Social Networking Sites. However, Some researchers have argued that the introduction of social networking sites have negatively impacted the outputs of students both academically and in terms of their behaviours, while some posited that secondary school students turn out to be associates with their colleagues on social networks and are more likely to team up on assignments thereby leading to improved academic and behavioural output. The study employed a comparative design with the aid of well-structured questionnaire administered to 200 students drawn from major schools in Akure metropolis, this was critically analyzed using mean deviation. The findings of these research in chapter four reveals that the introduction of social networking sites has greatly affected the academic achievements and behaviours of secondary school students both positively and negatively, hence the chapter five proffers recommendations to influence positive use of social networking sites for efficient academic and behavioral output. BACKGROUND TO THE STUDY

Denis A Tan , Gilbert Guita

The study determined the mathematics anxiety and students’ academic achievement in a reciprocal learning environment. It sought to determine the level of achievement of students when exposed to reciprocal learning environment (RLE) and to those exposed to non- reciprocal learning environment (non- RLE) in terms of their pretest, posttest and retention test scores; describe the level of anxiety in mathematics when exposed to RLE and those exposed to non-RLE; identify the difference between the achievement of the students when exposed to RLE and to those exposed to non- RLE in terms of their posttest and retention test scores; and lastly, compare the difference of the anxiety of students in mathematics when exposed to RLE and those exposed to non- RLE. The study utilized a quasi- experimental research design which was conducted at Magpet National High School, Poblacion, Magpet, North Cotabato. Students in Grade 8 were the research respondents of the study. The students who are exposed to RLE have “very low performance” in the pretest and have “moderate performance” in the posttest and retention test while those who were exposed to Non- RLE also have “very low performance” in the pretest and have “moderate performance” in the posttest and retention test. Moreover, for the level of students’ anxiety towards mathematics, they have high anxiety before the treatment and becomes moderate after the intervention for both RLE and Non- RLE groups. The mathematics achievement of the students who were exposed to RLE is comparable to the achievement of those students who were exposed to non- RLE. Also, no significant difference in the mathematics anxiety of students was observed in both groups.

Jose Niño Sales

International Society for Technology, Education and Science (ISTES)

ISTES Publication

Middle school is a critical time in students’ learning of mathematics, something a Learning Management System (LMS) is designed to help parents support. What remains unknown is how parents use an LMS to monitor their children’s progress in mathematics. This qualitative case study explored how parents from one midAtlantic middle school with 543 students used an LMS, EdLine, to support their children’s autonomous achievement in mathematics. Expectancy-value theory and social cognitive theory made up the conceptual framework used to evaluate study findings. A criterion-based process was used to select nine middle school parents from grades 6, 7, and 8 as participants. Data sources included structured interviews and follow-up questions, EdLine spreadsheets, and parent reflective journals. Data were analyzed through a priori codes based on the literature review. Themes that emerged from the analysis included reoccurring learner autonomy and parents benefiting from their ability to use EdLine to monitor grades, check progress, and provide strategies to support mathematical achievement. Parents indicated they could encourage their children, teach them, and expect them to use EdLine to monitor and manage their grades and achievement in mathematics. This research contributes to positive social change by explaining how administrators can help middle school parents use an LMS to become engaged with their children’s mathematics studies and set expectations for their mathematics task completion and achievement.

Tanzeela Urooj

International Journal of Scientific and Technology Research

Teachers often complain that students show a negative attitude on their participation in class. They oftentimes go to school unprepared for the lessons, they showed passive attitude towards activities in the classroom, and their awareness on their own learning process is very limited. Thus, this study examined the effect of assignment on the performance of the grade 11 students. The study adopted a quasi-experimental research design. Homework assignments were used in the study to determine if there is a significant difference between two groups namely, the with-assignment group with 57 students and without-assignment with 58 students. In addition, significant difference on the performance of the student when grouped according to gender was analyzed. Mean, standard deviation, t-test for independence and ANCOVA were used in the study. Results revealed that there is no significant difference on the performance of students for both with assignment and without assignment group. Findings also showed that there was no statistical significant difference in the mean achievement of male and female students exposed to with assignment.

Bill aims to give students ‘no homework’ weekends

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MANILA, Philippines — Saying children are “overworked” with 10 hours spent at school on weekdays, Tutok to Win Rep. Sam Versoza has filed House Bill No. 8243 — the proposed “No Homework Law” — to stop teachers from giving homework to elementary and high school students during weekends so as to allow students to “rest and recharge.”

A 2010 Department of Education memorandum circular advised teachers to limit the giving of homework to public elementary school students to a reasonable quantity on weekdays, while no homework is to be given on weekends. HB 8243 sought to institutionalize this for all elementary and high schools across the country.

Since the 17th Congress (2016-2019), lawmakers have tried to institute a no homework policy on weekends, but such measures remained pending before the House basic education and culture committee.

Versoza, in a privilege speech on Monday, said students work extra hours to accomplish their homework. In some instances, parents themselves would finish their children’s tasks.

“The Filipino youth are overworked and yet the Philippines is trailing behind other countries,” Versoza said in his privilege speech.

He cited recent reports that the average intelligence quotient (IQ) of Filipinos was 81.64, while the global average IQ was 100. The Philippines ranked 111th out of 200 countries in terms of average IQ.

“This is alarming and proves that the Philippines is in the middle of an educational crisis. If the system is not working, let us improve the system,” Versoza said.

He noted that Finland, China, South Korea, Japan, and other progressive nations already cut back on giving homework to students and that the Philippines should consider this as well.

Versoza said an hour of homework a day was “sufficient to achieve satisfactory results” and that increasing the number of hours for homework “may cause stress to students and their families.”

The lawmaker also pointed to the disparity between the rich and poor in completing school tasks.

“Kids from wealthier homes are more likely to have resources such as computers, internet connection, dedicated areas to do schoolwork, and parents who tend to be more educated and more available to help them with their homework,” Versoza said.

On the other hand, children from disadvantaged homes are more likely to take on after-school jobs, be at home without parents’ supervision, or take care of siblings instead of doing homework.

He also cited data from the Philippine Statistics Authority, which showed that the Philippines had the highest dropout rate among Southeast Asian countries, with a lack of interest in school as one of the reasons cited.

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“This only shows that school is not fun anymore,” Versoza said.

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No-Zero Policy: Does it Help or Hurt Students?

March 8, 2021

Home Educators Blog

What is a No-Zero Grading Policy?

Traditional grading is based on a scale of 100 and is most often translated into percentages. In recent years, a movement began to think critically about the purpose and equity of grading policies. What do grades represent? Are they representations of effort, content mastery, responsibility, memorization, or proficiency?

View Model A and Model B

The traditional grading system is shown in Model A. What schools around the country are navigating are the muddy waters of the equity in 59% of a 100% scale being considered ‘failing.’ When we anchor ourselves in the true meaning of a grading system and look at Model A through the lens of equity, can we say that Model A is a useful, reliable, and true system for rating student performance and learning? Model B is a visual representation of what a No-Zero Policy defines, a grading policy in which the lowest grade possible is a 50% with equal ratios of percentages per rating group.

Arguments for No-Zero Policies

Forward-thinking schools have questioned how students benefit from a traditional system in which the ratio for failure to passing is 3:2. Furthermore, they are digging into why grades differentiated in increments of 10 for ‘passing’, yet everything earned from a 0% – 59% is considered ‘failure.’ Shouldn’t all levels of achievement reflected through a grading system be incremented equally?

Early Elimination

Within the traditional grading policy in Model A, students frequently eliminate themselves from the ability to pass courses early in the year. This perpetuates academic apathy, truancy issues, and a fixed mindset. For example, if a student earns a 30% in Quarter 1 and a 0% in Quarter 2, even if they earn 100% in Quarters 3 and 4 they will be unable to pass the course because the highest grade possible will average to a 57.5% F.

As a student, especially a student from an environment of trauma and poverty, this reality is ultimately defeating and inevitably contributes directly to student dropout rates. According to DoSomething.org , “Every year, over 1.2 million students drop out of high school in the United States alone. That’s a student every 26 seconds – or 7,000 a day.”

As an administrator, I have seen this scenario play out poorly in a few different ways. Most students in this situation would immediately stop participating in class, could begin to disrupt learning for others within the classroom, and possibly start to skip that class in their schedule, leading to disciplinary issues. The consequences for these behaviors would naturally lead to out-of-school suspension days, which leads to more time out of the classroom and missed learning opportunities.

Once a pattern of poor behaviors has begun, it is difficult to re-motivate students to put effort into a class or classes that they have no opportunity to pass. This can spill over to deteriorating motivation to achieve in other classes, and this pattern ultimately leads to lower self-esteem and skewed beliefs of intelligence and potential within a student. A No-Zero Policy does not reward students for lack of effort or achieved learning, but does make classrooms and schools more inclusive and equitable when it comes to earning class credit and passing.

Reflection of Learning or Punishment?

Grades are designed to be reflections of achieved learning and performance mastery within a subject or class. To be a true reflection of learning that has occurred, the grade must be reliable and valid, as with any data, or it becomes futile and irrelevant.

However, as this article from Douglas B. Reeves points out , many times teachers fall into using grades as a punishment for lack of effort, instead of using grades for encouragement. He points out that many teachers see ‘giving’ a student a 50 as an unearned gift when they should be given a zero as punishment. Giving a student a zero for not turning in an assignment is not a true reflection of learning and invalidates the grades earned that are truly reflections of learning. A No-Zero Policy provides a platform for grades to be earned that are valid, reliable, and encouraging instead of rewarding or punishment.

Arguments Against No-Zero Policies

Handing out as & gifty-fifties.

The building that I lead serves grades 7 thru 12. When I arrived as principal, the district already had a procedure in place to award no grades lower than 50% for the 1st Quarter in an effort to mitigate students eliminating themselves early from the potential to pass classes. Last year, as the pandemic ravaged our routines and daily access to face-to-face learning in school, we implemented the same policy for the end of the 3rd Quarter. Other local districts established the same or similar policies in an effort to accommodate for disrupted learning.

This year, we followed the same policy as usual with the minimum of 50% for 1 st Quarter. As we came to the close of the 2 nd Quarter of the 2020-2021 school year, I surveyed our staff to get their input. The options included: A- Minimum of 50% again for 2 nd Quarter, B- Minimum of 30% for 2 nd Quarter, or C- no change, students get what they earned.

Ultimately, the staff chose a compromise between options A and B, but there were still some who did not agree. Those few who believe that we are perpetuating the “Everyone Deserves a Trophy” ideal believe that we are not helping students by ‘giving’ them grades that they ‘did not earn.’ I put these words in quotations because these beliefs are based on the punishment vs. reward theory. In my school, those folks have colloquially termed our No-Zero Policy as “Gifty Fifties.” Depending on which aisle you land on, this term may screech in your mind like nails on a chalkboard.

Another argument against No-Zero Policies lies in the belief that this enables students and sets them up for failure after graduation. Students know what they need to earn to succeed and can be motivated or unmotivated depending on their own goals and ways they recognize to achieve them. For example, a student can earn a 50% for Quarter 1, 50% for Quarter 2, 50% for Quarter 3, a 90% for Quarter 4, and pass for the year with a 60%. This student essentially ‘plays the game’ and does nothing all year until April and still earns the same credit as a student who works hard all year. We can admit that this student misses out on a higher GPA and intrinsic reward of hard work, but it is possible. If this scenario seems unacceptable, a No-Zero Policy could be seen as unacceptable due to its potential to enable learned helplessness in students, even if the traditional grading scale is not perfect.

#NoZeroPolicy

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How Sustainable Leadership Can Create Thriving Schools

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Should Teachers Have to Submit Lesson Plans?

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Empowering Newcomers: Strategies for Successful Faculty Onboarding

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FERPA: What it means and how it works

The Family Educational Rights and Privacy Act (FERPA), also commonly know as the Buckley Amendment, become law in November 1974 to protect the privacy of personally identifiable information in a student’s education record. However, the courts have been clear that not every document that names or refers to a student is a FERPA record and have typically limited the reach of the statute in a common-sense way to records that have something to do with educational activity

FERPA serves a two-fold purpose: (1) to grant parents (and students 18 or older) access to information in the student’s education record, and (2) to protect that information from disclosure to third parties without parental consent.

Access to the Education Record

FERPA applies to any educational institution that receives any federal funding, which includes all public schools and the vast majority of private institutions. On request, a school must allow a parent (or eligible student) to:

Inspect and review that student’s education record;
Schedule a hearing to challenge the content of the record to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student; and
Insert into such record a written explanation by the parents regarding the content of the record.

A school MAY NOT CHARGE FEES for granting access to inspect and review the record. However, FERPA does not require the school to provide copies of a record, so the school may charge a fee for copies made at the school’s discretion.

Disclosure of the Education Record

The law withholds federal funds from any school with “a policy or practice of permitting the release of education records” or of the “personally identifiable information” contained in those records, unless the adult student or parent has consented or another exception in the law applies. In other words, if a school has a policy or practice of improperly disclosing students’ education records (or not disclosing information it is required to disclose), it could potentially lose all federal funding. As discussed below, the Department of Education has never imposed such a drastic penalty and demonstrating that a school has a “policy or practice” of violating FERPA is different from demonstrating an occasional violation.

It is crucial to note that FERPA only prevents the disclosure of education records. Nevertheless, schools and colleges persistently cite FERPA as a convenient all-purpose excuse to deny journalists’ requests for public records, even when the records have little relation to a student’s “educational life,” including:

Parking tickets issued to student athletes.
The minutes and recordings of public committee meetings.
The findings of investigations into academic dishonesty in college athletic programs.
The amount of taxpayer money paid out to a family that filed a liability suit against a school district.
Names of recipients of complementary football tickets.

While the original goal of the law was to protect the privacy of student files, FERPA has been amended and interpreted so many times that today it can be difficult to determine exactly what information is and is not protected as part of an education record.

What is an education record?

There are two essential criteria for a document to be considered part of an “education record” under FERPA: (1) the record must “directly relate” to a student, and (2) must be “maintained by an educational agency or institution or by a person acting for such agency or institution.”

Many of the documents that schools and colleges mistakenly believe to be FERPA records – for example, the footage from a security video shot aboard a school bus – do not usually qualify as “education records” under this definition. There is no right of a parent to have a hearing to challenge the accuracy of a security video, or to insert explanatory comments into the video. Thus, the Department itself has taken the position that FERPA applies only to the types of records that, in Senator McIntyre’s words, would be “used by the institution in making decisions that affect the life of the student.”

“Directly Relate”

For a record to directly relate to a student, the student must be the focus of the record, not simply in the background or incidental to a report. For example, in a photograph depicting two students playing at a basketball game, the DOE has said the photo would not directly relate to any of the students pictured in the background, as they were not the focus of the photo.

Another example comes from a 2011 case where the University of Florida refused to release tapes and transcripts of Student Senate meetings under FERPA. A judge ordered the release of the transcripts, finding that, although the documents contained the names and voices of students, they were not the records “of” any particular student for FERPA purposes.

“Maintained by an Educational Agency”

The Supreme Court has described education records as “institutional records kept by a single central custodian, such as a registrar . . .” In other words, for FERPA to apply, the record in question must be systematically maintained by the school. For example, psychological evaluations and notes on disciplinary actions are considered education records subject to FERPA.

Examples of records that are NOT centrally maintained and subject to FERPA include:

Quiz papers and assignments that are graded in-class by other students
E-mails about students stored on individual teachers’ hard drives or sent between students and advisors (as long as it is not recorded in the student’s education record)
Records kept by student organizations (such as records collected by a student media organization rather than kept by the educational institution itself)
Single copies of teacher’s notes
Photos and videos taken on school property (unless a copy becomes part of a student’s education record like a disciplinary file)

Other Information Not Protected by FERPA

Directory Information: FERPA recognizes a class of basic demographic information known as “directory information,” that can safely be released without violating FERPA. This includes such data as a student’s name, address, phone number, honors and awards, and other basic demographics. Schools must tell parents (or eligible students) what will be disclosed and give them an opportunity to submit an opt-out form. For those who opt out, even directory information is not to be disclosed.

However, even basic directory information can be subject to FERPA if “when one or more pieces of information are combined it would allow a reasonable person to identify a child.” In a 2017 case, the Louisiana Court of Appeals ruled that even general information such as the total number of students enrolled in each grade, ethnic group designations, disability statistics, and how many students qualify for free or reduced lunch could be protected from disclosure under FERPA because that information could be “linkable to a specific student . . . with reasonable certainty” even by someone “who does not have personal knowledge of the relevant circumstances.”

Interestingly, in 2008 and 2011, the DOE expanded its definition of “school officials” to include contractors or other parties with whom the school has a contract for institutional services, including companies like Google and Facebook. According to a report by the National Center for Education Policy at the University of Colorado at Boulder, this means that “without consent, school officials may release student records for any educational purpose they deem legitimate.” In other words, many schools are free to release information on students to any company that operates under an education contract without violating FERPA. This is causing increasing concern for parents and students who are worried about their personal information being used for market research without their knowledge or consent.

General Information: FERPA applies to the disclosure of tangible records and information derived from those records. However, FERPA does not protect the confidentiality of information in general, and, therefore, does not apply to information derived from a source other than education records (even if education records exist that contain that information). As a general rule, information that is obtained through personal knowledge or observation (and not from an education record) is not protected under FERPA. This should be reassuring for student journalists, because it affirms that information students gather during interviews (like a student’s discussion of his failing grades or his disciplinary record) or as part of a student media-run survey does not fall under FERPA, so publication of that information does not violate privacy law.

Police Reports: Congress amended FERPA in 1992 to expressly remove privacy protection for records created by a police or campus security agency “for the purpose of law enforcement.” As a result of this change, it is illegitimate for a police or public safety department to cite FERPA in refusing to release an arrest record, an incident report, or the identities of students named in those documents.

However, a 2018 case clarified that FERPA allows a school to redact personally identifiable information — the kind that would already be protectable under FERPA, such as student numbers, student ID photos, and disciplinary emails to students — from campus police records.

Sexual Assault and Campus Crime

Universities and other schools have avidly used FERPA to deny the disclosure of information about sexual assaults perpetrated by or against students. In a 2014 survey of 110 campuses conducted by the Student Press Law Center and the Columbus Dispatch, twenty-two schools refused to disclose basic campus crime information under FERPA, even though the requested information was explicitly exempt on the face of the law. In 2016, the University of Kentucky went even further, bringing a suit against the school’s independent newspaper, the Kentucky Kernel, to prevent the release of records related to an investigation of sexual assaults on campus.

However, FERPA expressly exempts and does not prohibit disclosure of the final results of disciplinary proceedings against students who committed serious crimes, including sex crimes and crimes of violence. In 2017, the University of North Carolina at Chapel Hill denied a request for the records of persons who had been found responsible sexual misconduct by the university, claiming that even though the documents were exempted from FERPA, the university still had sole discretion on whether to release the documents. The Court of Appeals for North Carolina clarified that FERPA does not give the university discretion on whether to release public information that is otherwise subject to open record laws, and that FERPA cannot be interpreted to preempt state open record laws. (Although the court was careful to note that “FERPA only authorizes disclosure of ‘the name of the student, the violation committed, and any sanction imposed by the institution on that student’ from the general rule of non-disclosure of disciplinary records.”

Other documents: The law explicitly exempts several types of documents from the definition of “education records,” including teachers’ notes and records of non-student employees.

For more information, check out our page on FERPA Status of Frequently Asked Records.

Background on Public Record Laws

Every state has a public-records law requiring state and local government agencies – including public schools and colleges (though not private ones) – to disclose upon request the documents they maintain. These laws go by different names – “sunshine laws,” freedom-of-information acts, or open-records acts – but all of them work in basically the same way: government agencies must, within a reasonable time (or within a specified number of days) allow inspection and copying of any type of medium that records information. The requester need not provide any justification for wanting the information, and if access is denied, the burden is on the government agency to point to a justification in the law. Refusal to produce public records can result in fines, awards of attorney fees, and under some state laws, even jail time.

Courts generally give state open-records laws the broadest possible interpretation, and any exception to disclosure is applied as narrowly as possible. The benefit of the doubt is supposed to go to the party requesting access.

Even without FERPA, there are safeguards in place to deter the release and publication of non-newsworthy information about private individuals. Every state open-records act excludes certain categories of records from disclosure because legislators have decided there is no overriding public interest in the information. These exclusions commonly include medical information, confidential attorney-client communications, and “identity theft” information such as Social Security numbers. Almost every state open-records act also incorporates a discretionary balancing test that enables an agency to refuse a request for records if disclosure would constitute an unwarranted invasion of individual privacy. Moreover, every state recognizes a legal claim for invasion of privacy if severely embarrassing and non-newsworthy personal information is published without consent.

Redacted records

The courts have been clear that, once all identifying information is removed from a document (“redacted”), it ceases to be a FERPA “education record,” and if it is otherwise subject to the state’s open-records law, it must be turned over.

For example, in 2007, the Montana Supreme Court ruled that transcripts of NCAA compliance hearings regarding the punishment of two students for shooting people with pellet guns were not FERPA records because the student-athletes’ names were blacked out. Similarly, an Indiana appeals court in 2003 starkly rejected the argument that a 1,000 page document could be withheld due to a single line of FERPA-protected information.

The Department of Education, however, has given unclear guidance on this subject. The department revised its FERPA rules effective January 2009 to broaden the definition of “education records.” Under the Department’s revised interpretation, schools are to deny requests for records (even with all identifying information removed) if information in the records could be linked to a particular student by someone in the school community with inside knowledge (even if the general public would have no idea of the student’s identity). Nor may schools release name-withheld records to a requester the school “reasonably believes knows the identity of the student to whom the education record relates.”

The Department’s interpretation stands on shaky legal footing and may be vulnerable to challenge as an unreasonable expansion of the law. It is inconsistent with the way courts have interpreted FERPA – most notably with the Cut Bank Pioneer Press ruling. In that case, it was clear that the journalists knew who the two disciplined students were – journalists had interviewed the students’ parents at a school board hearing – yet that played no part in the court’s application of FERPA. Whether the rule can withstand legal challenge remains to be tested.

However, the Department of Education also noted that in the case of photos or videos containing depictions of multiple students, if the school can reasonably redact or segregate parts of a video or photo related to other students without destroying the meaning of the document, it must do so prior to providing access. If not, only students to whom the video directly relates should have access.

How FERPA is enforced

The U.S. Department of Education (“DOE”) is in charge of enforcing FERPA. The DOE publishes binding rules for FERPA compliance in the Federal Register. The DOE’s Family Policy Compliance Office also issues opinion letters that, while not legally binding, serve as authoritative guidance as to what the Department does and does not consider a FERPA violation.

In a 2002 ruling, the U.S. Supreme Court held that individual citizens who believe their education records have been released improperly have no right to bring suit under FERPA. The only remedy for a FERPA violation is through a DOE enforcement action. Students or parents who feel that their right to access information of amend a file have been infringed can fill out a FERPA complaint form online or can obtain a complaint form by calling (202) 260-3887.

Financial penalties are to be imposed only if, after issuing a notice of violation and a plan of correction, the Department determines that the school will refuse to comply with FERPA voluntarily in the future. Because the FERPA penalty amounts to a total revocation of eligibility to receive federal education funding, to date, the Department has never imposed a financial penalty on anyone for a FERPA violation.

Remedies and responses

In the absence of clear guidance from Congress or the Department of Education, abuses of FERPA are common. It has become routine for some schools and colleges to cry “FERPA” in response to virtually any open-records request, putting requesters in the position of having to wage a costly, time-consuming public-records lawsuit to get answers. Journalists can apply some common-sense reporting techniques to maximize their chances of obtaining needed information without a legal battle. Doing so often requires educating school officials about their disclosure responsibilities and about the limits of FERPA.

Know Which Records are Exempt : As described above, many types of commonly requested records – such as police reports and parking tickets – have been removed from FERPA by law, by Department of Education rule, or by court interpretation. Journalists who encounter a FERPA roadblock should research the law and be prepared to argue for access, escalating the request up the chain of command and making sure school or college lawyers are copied on all correspondence.
The Burden is on the School, Not the Requester : All state public-records laws put the burden on the agency to come up with a legal justification for withholding records. The burden is never on the requester to come up with legal authority in favor of access. If an agency simply claims “student confidentiality,” ask for a more specific legal justification, which will make it easier to challenge the denial if legal action becomes necessary.
Look for Anonymous Statistical Records : FERPA almost never should apply to anonymous statistical records. Journalists doing stories about trends should consider whether student names are really necessary, or whether the same point can effectively be made with redacted records.
Ask for Redacted Files : FERPA privacy is not all-or-nothing. If the identifying information can effectively be removed, then the agency is obligated to do so and to produce a partial record. FERPA is not a legitimate excuse for the blanket denial of a request.
Get a Waiver : FERPA is waivable. An adult student can always consent to the disclosure of his or her education records to anyone (as can parents of minors), so journalists who have the cooperation of their sources should consider obtaining written FERPA releases if records are being withheld.
Interview Students : FERPA precludes the release of information only by the educational institution itself through its employees or agents. Students are not “agents” of the schools they attend, and so they can disclose what they know (like the details of a disciplinary proceeding in which they are involved) without implicating FERPA. Specifically, FERPA has no application to students’ journalistic publishing, and if a school claims that students will be violating FERPA by publishing news they’ve gathered in a student journalistic publication, the school is wrong. The Department of Education said so explicitly in a 1993 opinion letter: “FERPA was not intended to apply to campus newspapers or records maintained by campus newspapers.”
File a Complaint : If you are denied access or amendment to your own records, you (or your parent) can file a FERPA complaint online or by calling (202) 260-3887.
Publicize the Denial : News organizations that are wrongfully denied public records on the basis of FERPA should publicize the denial, write editorials, and bring the denial to the attention of federal officials. The Department of Education often hears from advocates for greater privacy, but rarely from those aggrieved by excessive secrecy.

When FERPA has been raised as an obstruction to journalists’ requests for public records, the courts have overwhelmingly applied a narrow, common-sense reading of FERPA that covers only academic and disciplinary records, or records of that nature, that directly identify students and are maintained by the school in an official, central location. Nonetheless, many schools and colleges continue operating under the oversimplified shorthand that if a document names or refers to a student, it is a FERPA record, without exception. Congress and the Department of Education have been slow to acknowledge the need for reform, even though FERPA’s primary Senate author, James Buckley has decried the way the law is being used. In the absence of federal reform, journalists can still obtain much of the essential information they need to perform their watchdog function if they learn the law, insist on a faithful application of it, and publicize the most egregious abuses.

How strict should you be? A guide to assignment due dates.

Colleges typically require instructors to include a calendar of assignment due dates in every course syllabus. But most syllabi also include a disclaimer that assignment deadlines are subject to change.

So, how flexible should deadlines really be in a college course?

Be Flexible, or be Rigid, but Always be Consistent

Be consistent in your approach to deadline flexibility, whether you never accept late work or are always willing to make an exception. Nothing irritates strong students more than their instructor announcing, “Since so many of you asked for more time on the assignment that was due today, I’m extending its deadline to next week.”

Syllabi should always include a clearly stated policy about the circumstances under which late work might be accepted, if at all.

But should this policy be applied equally to low-stakes and high-stakes assignments?

Low-Stakes Assessments

If a course has many low-stakes assessments, like quizzes or homework problems, those assignments are usually due on the same day each week.

For example, if class meets on Tuesdays and Thursdays, there might a reading quiz due every Monday, to ensure that students are prepared for the week’s in-class discussions, and a homework problem due every Friday, to verify understanding of the week’s concepts.

Here are three solid approaches to deadline flexibility for low-stakes assessments:

1. Not flexible: Late work is never accepted

If a student misses a deadline, they receive zero points on that assignment.

This approach works best in courses that have many low-stakes assignments, such as reading quizzes on every textbook chapter, where missing one or two deadlines will not jeopardize a student’s understanding of the core concepts nor greatly impact their final letter grade.

2. Somewhat flexible: Late work is accepted, at a penalty

If a student misses a deadline, they can submit the assignment late, but their score will be penalized a specified amount (e.g. -5 points).

This approach works best in courses where content acquisition is scaffolded such that missing one assignment will negatively impact a student’s understanding of core concepts and successful completion of future assignments. In this case, students who miss deadlines should be permitted to complete the missed assignments, but with a small scoring penalty to encourage on-time submissions in future weeks.

3. Very flexible: Late work is made up, with instructor permission

If a student misses a deadline, they must contact the instructor and arrange an alternate way to complete the assignment (e.g. by taking a make-up quiz during the instructor’s office hours).

This approach works best in courses where low-stakes assessments are considered part of a student’s participation grade. In this case, missing a deadline is like missing a class meeting. Students should be encouraged to initiate contact with the instructor to arrange a way to verify their understanding of the missed assignment’s concepts.

High-Stakes Assessments

Every course has one or more high-stakes assessments, such as exams or research papers. These assessments are weighted more heavily (worth more of the overall course grade) than lower-stakes assessments because these are higher-level demonstrations of students’ proficiency in the course outcomes. Failure to successfully complete high-stakes assessments generally leads to failure of the entire course.

What kind of flexibility is appropriate then for key, high-stakes course assessments?

1. Not flexible: Deadlines do not change, under any circumstances

If a student misses a deadline, they receive zero points on that assessment.

This is the most common approach to deadlines for high-stakes assessments. It is rare for a college instructor to permit students to make up a missed midterm or final exam because students making up an exam would receive the unfair advantage of more time to prepare for the exam. Also, many final exams are scheduled for the very end of term, when there is no time remaining for make-up testing before instructors must report course grades to the college.

2. Somewhat flexible: Deadlines are extended, at a penalty

If a student misses a deadline, they can submit the assessment late, but their score will be penalized a specified amount (e.g. one letter grade per day).

This approach is more common for midterm assessments, or for courses with single high-stakes assessments, such as a research paper that students work on throughout the term. If students who miss the deadline for a high-stakes assessment can still submit their work, but their score is heavily penalized, the course grades will accurately reflect the students’ term-long proficiency in the course outcomes. For example, a student who earned “A” scores all term but submitted their final paper one day late could still finish the course with a “B” grade.

Remember, flexibility around assignments should be geared towards what makes sense in your course and for your students. While there are a lot of possible variations in regards to policy, the most critical element is to be clear and upfront with your students early in the term. This will help avoid confusion and complaints – and help you keep your sanity at the end of the term when students come looking for extra chances to make up missed work!

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Are Anti-Assignment Clauses Enforceable?

Written by: Brittainy Boessel

July 22, 2020

8 minute read

Contracts, in general, are freely assignable, which means that either party can transfer its contractual obligations or rights to a third party. But sometimes contracts include anti-assignment clauses to limit or prohibit assignment. Read on to discover the basics of assignment and anti-assignment clauses, what makes them unenforceable, and learn how to negotiate them.

What Is Assignment?

An assignment is like a transfer. If an agreement permits assignment, a party could assign — or transfer — its obligation to another party. The second party — the one to whom the contract was assigned — would then be required to provide the products or services.

Assignments don’t necessarily relieve liability for the party who transfers the agreement. Depending on the contract, the party who assigned its obligations may remain a guarantor of— or responsible for—the performance of the third party assigned the work. In other words, the party to the contract (the assignor) would be responsible for breaches committed by the party to which it assigned its performance (the assignee). To remove itself from the liability of the agreement, the assignor would need to seek a novation , which cancels the first contract and creates a new contract between the party that is the assignee and the original counterparty to the contract.

What is an Anti-Assignment Clause?

Anti-assignment clauses—also sometimes referred to as assignment clauses or non-assignment clauses—can appear in various forms. Essentially, they prevent one or both contracting parties from assigning some or all of their respective contractual obligations or rights to a third party.

Anti-Assignment Language to Look for in a Contract

When reading through your contract, you can typically find a separate paragraph entitled “Assignment,” “Non-assignment,” or “Anti-assignment.” Sometimes you’ll find the assignment language buried within a “Miscellaneous Provisions” section, which contains all the boilerplate language of a contract, such as severability and waiver provisions.

Contracts include two primary types of anti-assignment clauses. The first type categorically precludes all assignments of rights and duties. It usually reads something like this: “Neither Party may assign, delegate, or transfer this agreement or any of its rights or obligations under this agreement.”

The second type prohibits assignments unless the assigning party obtains the prior written consent of the other party. It usually reads something like this: “Neither this agreement nor any right, interest, or obligation herein may be assigned, transferred, or delegated to a third party without the prior written permission of the other party, and whose consent may be withheld for any reason.”

Some clauses may state that a change of control, such as a merger, consolidation, or acquisition, is considered an assignment. Read carefully , because you want to ensure that you won’t be in breach if you transfer the contract to an affiliate.

Additionally, check the termination section of your agreement. Some termination clauses may state that a non-assigning party may terminate the contract in the event of a non-permitted assignment. Or a termination clause may state that the agreement automatically terminates upon such a transfer.

Without an anti-assignment provision, contracts are generally assignable even absent the consent of the counterparty. The Uniform Commercial Code (UCC), a group of laws governing the sale of goods, prefers the free transferability of all types of property, including contracts.

Still, courts normally enforce anti-assignment clauses that are negotiated and agreed upon by both parties, depending on the applicable law, the jurisdiction governing the contract, and the language agreed upon in the contract. Be aware though that courts tend to narrowly interpret anti-assignment clauses. For instance, an anti-assignment clause may prohibit assignment but fail to state that an assignment in violation of the contract will be invalid. In this case, a party may be able to file a suit for breach of contract, but the court may not permit it to invalidate the assignment.

Even without a solid anti-assignment clause, there may still be an opportunity to prevent certain assignments. Courts may not enforce assignments to which the counterparty did not consent, even in the absence of a valid anti-assignment clause, especially if the contract is personal in nature. Some obligations can be performed equally well by a third party, such as a requirement to make payments. But a personal obligation involves a special relationship between parties or requires special levels of expertise, discretion, or reputation. For example, personal service contracts, including employment agreements, are personal enough in nature that they’re not transferable unless the non-transferring party consents.

In general, assignment is not enforceable when:

The contract prohibits and voids assignment

As discussed above, contract provisions can prohibit and void an assignment.

The assignment materially changes the contract

If the assignment would significantly impact the performance of the contract — for instance, if it greatly increases the risks or burden imposed on the other party — then a court would likely not enforce the assignment.

The assignment violates the law

Certain laws prevent assignments. For example, some states legislate that an employee cannot assign its future wages to a third party.

The assignment violates public policy

If the assignment would harm public policy interests, it will be void. For instance, victims may not assign their personal injury claims to third parties to discourage excessive litigation.

Negotiating Anti-Assignment Clauses

In certain situations, the inclusion of an anti-assignment clause may not be in a party’s best interests. If a party depends on a unique service provider or a specific person to perform, then it must make sure that that service provider or person can’t assign work to an unknown third party without its consent. For instance, if you pay a premium to hire a renowned jazz band to perform at your charity gala, you don’t want a local high school garage band to show up instead. In any situation involving unique services or providers, make sure you have the right to consent prior to any assignment under the agreement.

Another example of the importance of assignability is in mergers and acquisitions. When a company purchases another business, the acquired business’s existing customer base and supplier contracts make it more valuable . Consequently, if a party hopes to eventually sell its business, it would want the right to assign its existing contracts to the buyer. Otherwise, potential buyers may be scared off because of the time and money it will take to transfer the existing agreements. Plus, the existence of anti-assignment clauses may heavily impact the selling price. If it’s possible you may sell your business, ensure that you have the right to assign your contracts and that consent is not solely within the discretion of the counterparty.

If you want the right to assign the contract, but your agreement does not permit assignments, you’ll need to negotiate with your counterparty on this point. If the clause in your agreement prohibits all assignments, try to include a carve out by allowing assignment of your rights and obligations upon the prior written consent of the other party. Add that the counterparty shall not unreasonably withhold or delay consent. You may also want to carve out an exception to the anti-assignment clause by excluding assignments between affiliates or necessitated by change of control transactions, such as mergers or acquisitions.

Courts tend to construe anti-assignment and anti-delegation clauses narrowly. As mentioned, a number of courts have held that an anti-assignment clause does not remove the power of a party to assign the contract and invalidate the contract unless the provision explicitly states that such assignments will be invalid or void. Thus, if you want to make an assignment that violates your agreement, rather than creating an opportunity for a breach of contract case, explicitly state in your contract that such assignments are invalid or void.

If you don’t want the counterparty to be able to assign its rights or obligations, state your preference clearly in your agreement with one of these options.

Require consent always

Don’t require consent for affiliates or successors

Include a clause such as, “Neither party may assign or delegate this agreement or its rights or obligations under this agreement without the prior written consent of the other party, except that no consent is required (a) for assignment to an entity in which the transferring party owns greater than 50 percent of the assets; or (b) in connection with any sale, transfer, or disposition of all or substantially all of its business or assets; provided that no such assignment will receive an assigning party of its obligations under this agreement. Any assignment or delegation that violates this provision shall be void.”

Require consent to be given reasonably

Note that you will not be able to prevent assignments resulting from court orders or by operation of law, such as those ordered through a bankruptcy hearing.

When you enter a contractual relationship, make sure to clearly determine your rights and obligations, as well as those of the other party. If it may be important for your business to have the right to assign all or parts of the contract, negotiate for the removal of the anti-assignment clause, or request changes to it to provide sufficient flexibility for you to assign.

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Assignability Of Contracts: Everything You Need to Know

The assignability of contracts is when one side of a contract agreement transfers the contract to another entity, so that the new entity fulfills the terms of the contract. 3 min read updated on February 01, 2023

The assignability of contracts is when one side of a contract agreement transfers the contract to another entity, so that the new entity fulfills the terms of the contract. Being able to assign contracts depends on a variety of factors, mainly the language contained in the contract.

How Contract Assignments Work

Some contracts prohibit assignment altogether, while others may allow it with the other party's consent. An example of a basic contract assignment may look like this:

Bob contracts with a dairy to deliver a gallon of cream to his house every day.
The dairy assigns Bob's contract to another dairy.
As long as Bob is notified of the change in provider and gets his gallon of cream every day, his contract is with the new dairy.

Because the law has a preference for the free alienation of property, parties are free to assign contract rights and delegate contractual obligations.

Assigning a contract to another doesn't always take away the assigning party's liability. Some contracts include a clause that at least one of the original parties guarantees performance — or fulfills the contract terms — no matter what the assignment.

The performance, however, can't be changed in contract assignment. There's a limit to substitution, so the new party has no power to change the performance per the rights stated in the contract. For example, if the obliging party has pledged to perform only if some event happens (with no certainty that it will happen), no assignment should increase the risk to the obliging party if the event doesn't happen through no fault of the obligor.

The nature of a contract's obligations determines its assignability.

When Assignments Won't Be Enforced

In certain cases, contracts can't be assigned.

A clause in the contract prohibits assignment. This is usually called an anti-assignment clause.
Assignments can't take place if they materially alter what's expected under the contract. If the assignment affects the expected performance as outlined in the contract, lowers the value of returns (including anticipated returns), or increases risks for the other contract party (the one who's not assigning contractual rights), it's unlikely that any court will enforce the arrangement.
If an assignment violates public policy or the law, it won't be enforced. For instance, the federal government prohibits certain claim assignments against the government, and many states prohibit an employee from assigning future wages.

Other assignments may not be illegal, but they could still violate public policy. As an example, personal injury claims can't be assigned because doing so might encourage litigation.

When looking into whether one party can transfer a contract or some rights and obligations in the contract, the transferring party has to check into applicable laws and statutes. That party must also check the contract's express language to determine whether or not it can transfer the assignment without obtaining consent from the non-transferring party.

If the contract requires that consent is given and the transferring party doesn't get that consent, it risks a contract breach as well as an invalid, ineffective transfer.

How to Assign a Contract

Follow these steps to assign contracts, when it's allowed for you to do so.

Carefully study the contract for prohibitions or limitations, such as anti-assignment clauses. In some cases, there isn't a separate anti-assignment clause, but it may be stated in another way, such as language that says, "This contract may not be assigned."
Execute the assignment. As long as you're free to assign the contract, prepare and enter into the assignment, which is basically an agreement transferring your rights and obligations.
Notify the obligor, or the non-transferring party. After you assign contract rights to the assignee, notify the other party that was the original contractor, also known as the obligor. This notice relieves you of any liability as stated in the contract, as long as the contract doesn't say differently — for instance, the contract states that you, as the assignor, guarantee performance under the contract.

Before trying to assign a contract to a third party, it's very important to understand if you're allowed to do so. You'll have to research legal statutes as well as the language in the contract to ensure you follow rules and regulations. Otherwise, you risk a breach of contract .

If you need help with contract assignments, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

Hire the top business lawyers and save up to 60% on legal fees

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Azure Policy assignment structure

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Policy assignments are used by Azure Policy to define which resources are assigned which policies or initiatives. The policy assignment can determine the values of parameters for that group of resources at assignment time, making it possible to reuse policy definitions that address the same resource properties with different needs for compliance.

For more information on Azure Policy scope, see Understand scope in Azure Policy .

You use JavaScript Object Notation (JSON) to create a policy assignment. The policy assignment contains elements for:

display name
description
resource selectors
enforcement mode
excluded scopes
policy definition
non-compliance messages

For example, the following JSON shows a policy assignment in DoNotEnforce mode with dynamic parameters:

All Azure Policy samples are at Azure Policy samples .

Display name and description

You use displayName and description to identify the policy assignment and provide context for its use with the specific set of resources. displayName has a maximum length of 128 characters and description a maximum length of 512 characters.

The optional metadata property stores information about the policy assignment. Customers can define any properties and values useful to their organization in metadata . However, there are some common properties used by Azure Policy. Each metadata property has a limit of 1,024 characters.

Common metadata properties

assignedBy (string): The friendly name of the security principal that created the assignment.

createdBy (string): The GUID of the security principal that created the assignment.

createdOn (string): The Universal ISO 8601 DateTime format of the assignment creation time.

parameterScopes (object): A collection of key-value pairs where the key matches a strongType configured parameter name and the value defines the resource scope used in Portal to provide the list of available resources by matching strongType . Portal sets this value if the scope is different than the assignment scope. If set, an edit of the policy assignment in Portal automatically sets the scope for the parameter to this value. However, the scope isn't locked to the value and it can be changed to another scope.

The following example of parameterScopes is for a strongType parameter named backupPolicyId that sets a scope for resource selection when the assignment is edited in the Portal.

updatedBy (string): The friendly name of the security principal that updated the assignment, if any.

updatedOn (string): The Universal ISO 8601 DateTime format of the assignment update time, if any.

evidenceStorages (object): The recommended default storage account that should be used to hold evidence for attestations to policy assignments with a manual effect. The displayName property is the name of the storage account. The evidenceStorageAccountID property is the resource ID of the storage account. The evidenceBlobContainer property is the blob container name in which you plan to store the evidence.

Resource selectors

The optional resourceSelectors property facilitates safe deployment practices (SDP) by enabling you to gradually roll out policy assignments based on factors like resource location, resource type, or whether a resource has a location. When resource selectors are used, Azure Policy will only evaluate resources that are applicable to the specifications made in the resource selectors. Resource selectors can also be used to narrow down the scope of exemptions in the same way.

In the following example scenario, the new policy assignment is evaluated only if the resource's location is either East US or West US .

When you're ready to expand the evaluation scope for your policy, you just have to modify the assignment. The following example shows our policy assignment with two more Azure regions added to the SDPRegions selector. Note, in this example, SDP means to Safe Deployment Practice :

Resource selectors have the following properties:

name : The name of the resource selector.

selectors : (Optional) The property used to determine which subset of resources applicable to the policy assignment should be evaluated for compliance.

kind : The property of a selector that describes which characteristic narrows down the set of evaluated resources. Each kind can only be used once in a single resource selector. Allowed values are:

resourceLocation : This property is used to select resources based on their type. Can't be used in the same resource selector as resourceWithoutLocation .

resourceType : This property is used to select resources based on their type.

resourceWithoutLocation : This property is used to select resources at the subscription level that don't have a location. Currently only supports subscriptionLevelResources . Can't be used in the same resource selector as resourceLocation .

in : The list of allowed values for the specified kind . Can't be used with notIn . Can contain up to 50 values.

notIn : The list of not-allowed values for the specified kind . Can't be used with in . Can contain up to 50 values.

A resource selector can contain multiple selectors . To be applicable to a resource selector, a resource must meet requirements specified by all its selectors. Further, up to 10 resource selectors can be specified in a single assignment. In-scope resources are evaluated when they satisfy any one of these resource selectors.

The optional overrides property allows you to change the effect of a policy definition without modifying the underlying policy definition or using a parameterized effect in the policy definition.

The most common use case for overrides is policy initiatives with a large number of associated policy definitions. In this situation, managing multiple policy effects can consume significant administrative effort, especially when the effect needs to be updated from time to time. Overrides can be used to simultaneously update the effects of multiple policy definitions within an initiative.

Let's take a look at an example. Imagine you have a policy initiative named CostManagement that includes a custom policy definition with policyDefinitionReferenceId corpVMSizePolicy and a single effect of audit . Suppose you want to assign the CostManagement initiative, but don't yet want to see compliance reported for this policy. This policy's 'audit' effect can be replaced by 'disabled' through an override on the initiative assignment, as shown in the following sample:

Overrides have the following properties:

kind : The property the assignment will override. The supported kind is policyEffect .

value : The new value that overrides the existing value. The supported values are effects .

selectors : (Optional) The property used to determine what scope of the policy assignment should take on the override.

kind : The property of a selector that describes what characteristic will narrow down the scope of the override. Allowed value for kind: policyEffect is:

policyDefinitionReferenceId : This specifies which policy definitions within an initiative assignment should take on the effect override.

Note that one override can be used to replace the effect of many policies by specifying multiple values in the policyDefinitionReferenceId array. A single override can be used for up to 50 policyDefinitionReferenceIds, and a single policy assignment can contain up to 10 overrides, evaluated in the order in which they're specified. Before the assignment is created, the effect chosen in the override is validated against the policy rule and parameter allowed value list (in cases where the effect is parameterized ).

Enforcement mode

The enforcementMode property provides customers the ability to test the outcome of a policy on existing resources without initiating the policy effect or triggering entries in the Azure Activity log .

This scenario is commonly referred to as "What If" and aligns to safe deployment practices. enforcementMode is different from the Disabled effect, as that effect prevents resource evaluation from happening at all.

This property has the following values:

If enforcementMode isn't specified in a policy or initiative definition, the value Default is used. Remediation tasks can be started for deployIfNotExists policies, even when enforcementMode is set to DoNotEnforce .

Excluded scopes

The scope of the assignment includes all child resource containers and child resources. If a child resource container or child resource shouldn't have the definition applied, each can be excluded from evaluation by setting notScopes . This property is an array to enable excluding one or more resource containers or resources from evaluation. notScopes can be added or updated after creation of the initial assignment.

An excluded resource is different from an exempted resource. For more information, see Understand scope in Azure Policy .

Policy definition ID

This field must be the full path name of either a policy definition or an initiative definition. policyDefinitionId is a string and not an array. The latest content of the assigned policy definition or initiative is retrieved each time the policy assignment is evaluated. It's recommended that if multiple policies are often assigned together, to use an initiative instead.

Non-compliance messages

To set a custom message that describes why a resource is non-compliant with the policy or initiative definition, set nonComplianceMessages in the assignment definition. This node is an array of message entries. This custom message is in addition to the default error message for non-compliance and is optional.

Custom messages for non-compliance are only supported on definitions or initiatives with Resource Manager modes definitions.

If the assignment is for an initiative, different messages can be configured for each policy definition in the initiative. The messages use the policyDefinitionReferenceId value configured in the initiative definition. For details, see policy definitions properties .

This segment of the policy assignment provides the values for the parameters defined in the policy definition or initiative definition . This design makes it possible to reuse a policy or initiative definition with different resources, but check for different business values or outcomes.

In this example, the parameters previously defined in the policy definition are prefix and suffix . This particular policy assignment sets prefix to DeptA and suffix to -LC . The same policy definition is reusable with a different set of parameters for a different department, reducing the duplication and complexity of policy definitions while providing flexibility.

For policy assignments with effect set to deployIfNotExist or modify , it's required to have an identity property to do remediation on non-compliant resources. When using identity, the user must also specify a location for the assignment.

A single policy assignment can be associated with only one system- or user-assigned managed identity. However, that identity can be assigned more than one role if necessary.

Learn about the policy definition structure .
Understand how to programmatically create policies .
Learn how to get compliance data .
Learn how to remediate non-compliant resources .
Review what a management group is with Organize your resources with Azure management groups .

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Additional resources

Liability Insurer's "No Assignment" Clause Enforced

September 4, 2012

In Fluor Corporation v. Superior Court (Hartford Acc. & Indem. Co.) , decided August 30, 2012, the Court of Appeal, Fourth Appellate District, held that a liability insurer's "consent-to-assignment" clause was enforceable against an insured corporation that attempted to assign its rights to a related corporation as part of a complex corporate restructuring.

An almost identical "no assignment" issue was heavily litigated in Henkel Corp. v. Hartford Accident & Indemnity Co. , 29 Cal.4th 934 (2003), in which the California Supreme Court upheld the validity and enforceability of the "consent-to-assignment" clause. Here, however, the Fluor Corporation argued that the Henkel decision was incorrectly decided because the Supreme Court was not apprised of the existence of a statute enacted in 1872 which provides: "An agreement not to transfer the claim of the insured against the insurer after a loss has happened, is void if made before the loss...." That statute has been addressed in only one other published case.

The Court of Appeal found that the statute, although still valid, bears no legislative intention on the assignability of liability insurance because liability insurance did not exist in 1872.

The plaintiff in this case, "Fluor 2" was incorporated in 2000 as a result of a corporate restructuring on the Fluor Corporation ("Fluor 1") which was created in 1924. As part of the restructuring, Fluor 1 assigned its engineering and construction work to Fluor 2; it retained its coal mining and energy operations and was re-named Massey Energy Company. After the restructuring, the companies were independent, unrelated entities.

Hartford issued Fluor 1 comprehensive general liability policies between 1971 and 1986. Hartford defended and indemnified both Fluor 1 and Fluor 2 in asbestos-related lawsuits between 2001 and 2008. In 2006, Fluor 2 initiated this action to resolve a number of coverage issues.

Hartford asserted that the Fluor companies breached the consent-to-assignment clause in the policies, and thus, Fluor 2 was not entitled to defense or indemnity. Fluor 2 countered that the consent-to-assignment clause violated the 1872 statute (since recodified as Insurance Code section 520). Fluor 2 further argued that Henkel should not be applied because the Supreme Court failed to address the application of Section 520 and that Section 520 invalidates consent-to-assignment clauses after the insured "occurrence" has taken place.

The Court of Appeal found that the Henkel decision was properly decided and was controlling. It reasoned that Section 520 was originally enacted in 1872 as Civil Code section 2599, and was recodified as Section 520 when the Insurance Code was enacted in 1935. It is "an obscure" statute that is unmentioned in either treatise or commentary, and was mentioned only in passing in one 1965 first-party decision. In 1872, liability insurance did not exist; there was only first-party marine, fire and property insurance. Thus, the "loss" to which the statute refers is "easily identifiable" as first-party property damage coverage.

Fluor 2 argued that the statute became effective as to liability policies when it was made a part of the Insurance Code. The Court of Appeal disagreed, citing Insurance Code section 2: where the provisions of the Code are substantially the same as they existed as part of the Civil Code, they relate "to the same subject matter [and] shall be construed as restatements and continuations thereof, and not as new enactments."

Moreover, the Insurance Code defines "loss" as used in liability policies as the time when the insured becomes liable to an injured person, not when the person is injured (i.e., the "occurrence"). The "occurrence" as the time of "loss" argument was rejected by the Supreme Court in Henkel . Thus, the Court rejected Fluor's argument that Henkel was wrongly decided and that Section 520 invalidated the consent-to-assignment clause.

"If the rule of law in Henkel is to be vitiated, the Legislature in the 21st Century, not the Legislature in the 19th Century, must do it."

Alison Greene 's practice encompasses insurance coverage analysis and advice, insurance coverage and bad faith litigation, as well as general business litigation. She can be reached at 510.835.6724 or [email protected] .

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How strict should you be? A guide to assignment due dates.
Here are three solid approaches to deadline flexibility for low-stakes assessments: 1. Not flexible: Late work is never accepted. If a student misses a deadline, they receive zero points on that assignment. This approach works best in courses that have many low-stakes assignments, such as reading quizzes on every textbook chapter, where missing ...
Implementing School Desegregation
Amdt14.S1.8.2.3 Implementing School Desegregation. Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of ...
Are Anti-Assignment Clauses Enforceable?
Without an anti-assignment provision, contracts are generally assignable even absent the consent of the counterparty. The Uniform Commercial Code (UCC), a group of laws governing the sale of goods, prefers the free transferability of all types of property, including contracts. Still, courts normally enforce anti-assignment clauses that are ...
Assignability Of Contracts: Everything You Need to Know
If an assignment violates public policy or the law, it won't be enforced. For instance, the federal government prohibits certain claim assignments against the government, and many states prohibit an employee from assigning future wages. Other assignments may not be illegal, but they could still violate public policy.
PDF Resource for Drafting Nondiscrimination Policies, Notices of
Resource for Drafting Nondiscrimination Policies, Notices of Nondiscrimination, and ... §§ 106.8(b)-(c), 106.45 and 106.46, but recipients must satisfy all Title IX regulatory requirements, including the 2024 amendments starting August 1, 2024. ... [ABC School's] nondiscrimination policy and grievance procedures can be located at
Details of the policy assignment structure
The policy assignment can determine the values of parameters for that group of resources at assignment time, making it possible to reuse policy definitions that address the same resource properties with different needs for compliance. Note. For more information on Azure Policy scope, see Understand scope in Azure Policy.
Liability Insurer's "No Assignment" Clause Enforced
Co.), decided August 30, 2012, the Court of Appeal, Fourth Appellate District, held that a liability insurer's "consent-to-assignment" clause was enforceable against an insured corporation that attempted to assign its rights to a related corporation as part of a complex corporate restructuring. An almost identical "no assignment" issue was ...