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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.

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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.

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Denis A Tan , Gilbert Guita

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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.

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THE SUSPENSION OF HOMEWORK IN THE PHILIPPINES

• Temps de lecture : 16 min de lecture
• Auteur/autrice de la publication : education_south
• Publication publiée : 2 juin 2022
• Post category: Pédagogie
• Commentaires de la publication : 3 commentaires

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By Joreen Domingo Varly

To the 29 000+ Filipino readers/viewers over the past 3 months, Maraming Salamat po!

INTRODUCTION

Homework or homework assignment has been an inevitable part of a pupils’ academic journey. An academic task that includes a period of reading, writing that has to be completed, textbook exercises to answer, Mathematics problems to be solved, some information to review for the previous or next lesson, and some activities to practice skills.

The primary purpose of giving a homework is to reinforce and increase pupils’ knowledge and improve their learning abilities. This will encourage pupils to engage in active learning. This also promotes a pupil-parent communication and collaboration between pupils.

 But many schools are rethinking homework, some have cut down on the amount they give each week, and others no longer allow weekend assignments. Some have eliminated homework entirely.

Source : OECD (2014)

THE PHILIPPINES’ Suspension of Homework

In September 2010, a memorandum from the Department of education was circulated (and passed on to all the bureau directors, regional directors, school division/city superintendents and Heads of Public elementary school). The   Deped Memorandum No.392 S.2010 highlights the suspension of homework during the weekend. This is to address the concern of parents regarding the amount of time the pupils consume in accomplishing their homework, instead of having an enjoyable and quality time with their family. This memorandum also intends to ease the pupils’ burden about the thought of doing plenty of homework.

In August 2019, the 118 th Congress – Senate Bill No. 966 (authored by Senator Grace Poe) or the proposed “No Homework Law” has been filed. This is a senate bill banning teachers from giving homework to students from kinder to Grade 12 on weekends.

The bill stated that all primary and secondary schools in the country shall not allow teachers to give any network or assignments to students. Under the proposed measure, teachers may only assign homework to students on weekends provided that it be minimal and will not require more than four hours to be completed.  The policy will be applied on both public and private schools.

“Further, it looked at homework hours around the world and found that there wasn’t much of a connection between how much homework students of a particular country do and how well their students score on tests” , the bill read.

Citing a 2014 study from the OECD based on PISA data, the senator noted that additional time spent on homework has a negligible impact on the performance of students after around four hours of homework in a week.  In OECD countries, for example, advantaged students spend 5.7 hours per week doing homework, on average, while disadvantaged students spend an average of 4.1 hours per week.

No homework policy

The Department of Education (DepEd) expressed its support on this filed bill of “No homework policy” saying that it would help learners find balance between personal and academic growth. Since they had been advocating for an all-inclusive learning regime for Filipino students, to include out of the classroom schooling, a policy that will, in effect, restrict teachers from giving homework to students from kindergarten to Grade 12. In hopes that the concept will enable Filipino learners “to find balance between their academic development and personal growth by having ample time for enjoyable activities with family.”

Up to this date, the proposed bill is not yet approved. Apparently, there is need to be circumspect and judicious. The DepEd memorandum of 2010 is still the ruling guideline on giving homework to pupils.

Summary of pros and cons of homework

Let’s look into the summary of homework’s pros and cons:

Source : Joreen Domingo-Varly

NEWS : SEAMEO Secretariat and the Department of Education, Philippines commit to the next phase of SEA-PLM Programme

The SEAMEO Secretariat Director, Dr Ethel Agnes Pascua-Valenzuela, and the Secretary of Education, Philippines, H E Dr Leonor Magtolis Briones, signed the Memorandum of Understanding to spearhead the implementation of activities under the Southeast Asia Primary Learning Metrics (SEA-PLM) 5-Year Strategic Plan, including the SEA-PLM 2024 Survey. The MoU signing ceremony took place in the Office of the Secretary Building at the Department of Education in Manila on Monday, 02 May 2022.

Teaching English in Algeria

Mamadou et bineta sont-ils devenus vieux , l’enseignement multilingue : les réalités d’un environnement pédagogique dynamique, cet article a 3 commentaires.

Félicitations à Joreen d’évoquer un problème en émergence dans les pays africains. Au Cameroun où je passe la majorité de mes observations, le problème de” saturation des activités intellectuelle” gagne du terrain, encouragé par cette frénésie de faire avancer les enfants sans respecter le rythme bio-physiologique des enfants. Tenez par exemple, les congés c’est à partir du 10 juin au primaire. Immédiatement, les “saturalistes” ont déjà programmé des cours de rattrapage pour le mois de juillet. Quand est-ce que le cerveau de ces enfants va se reposer? Commençons à mener des réflexions dans ce sens. Châpeau Joreen/

Thanks! Actually I’ve been looking if it has been approved or not yet, then I saw you blog. I know the Finnish almost 100% do not give homework. As a math teacher, in my class, I started not giving them homework (years before the pandemic) even though the bill has not been passed yet.

https://news.yahoo.com/theres-only-far-them-why-123134730.html

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No Homework Policy: Analysis of Research Study

Introduction.

In teaching practice, homework is widely accepted as a form of educational activity whose primary purpose is to help learners improve their academic performance. However, scholars have undertaken to determine whether homework produces the perceived benefits for students, often with mixed results. The purpose of this is to critique an article on this subject and examine how the topic has been approached and what the outcomes insinuate. The selected article is titled No assignment: a boon or a bane? by Cordova, Pagtulon-an, and Tan (2019, p. 144). The scholars have set out to examine the effects of having and not having assignments on weekends on the academic performance of the students.

Article Summary

A brief background to the topic of homework has been presented, where the scholars express that homework as an educational practice has existed since the early 20 th century. Similarly, the debate on whether the practice is or is not a healthy policy for learners has lasted as long, which means that neither research nor practice seems to agree on one position. The argument is that research through the years has shown homework to have both positive and negative implications. The literature used to support the study has defined homework and presented several views on the subject. In this case, homework comprises the work assigned to students to perform during non-school hours. The views on homework include three perspectives: teachers, students, and parents, each representing a key stakeholder pedagogic domain. The educators perceive homework as an important and necessary extension of daily instructions. Parents expect their children to get homework, while students perceive it as an inconvenience to their otherwise busy lives.

The research was in the form of a case study conducted at a university laboratory high school in the Philippines. The experiment comprised 115 grade 11 senior high school students, 58 of whom were selected from the brightest group in the class and the rest from the second section. The first group was not given assignments and acted as a control group. The second group was given homework and the academic scores were recorded. The findings indicated that the control group scored higher than the experiment group, which means that homework was found to have no effect on improved learning outcomes.

Article Critique

As an academic paper, this article has explored the available literature on the subject of homework to present the current understanding of the subject. Recent studies have been incorporated to form the background of what Cordova, Pagtulon-an, and Tan (2019, p. 144) seek to accomplish. However, it can be argued that Cordova, Pagtulon-an, and Tan (2019, p. 144) have included outdated literature comprising studies conducted in the late 1980s. Such studies have been mixed with those conducted as recently as 2018, about a year before the research was conducted. Examples include research conducted by Pfeiffer (2018, p. 1), a case study on a public school in Western Cape Province, which indicated that having no homework produced more positive effects on students. Overall, much of the literature used is valid in supporting the researcher’s study.

The methodology chapter of the article is brief and leaves out lots of details, including the approach, design, and sampling techniques used. Therefore, only a few elements can be inferred from the brief description. For example, the nature of the study reveals that a quantitative approach has been used as illustrated by the numerical data and the analysis tools used. Additionally, the arrangements made with the two groups of students where one was tested and the not tested implied an experimental design, which comprises a control group and an experiment group. However, the overall methodological approach suits the purpose of the study even without the details.

The research findings have been tabulated and a description offered. Descriptive statistics are used to analyze the scores for both control and experiment groups, where the mean scores were 86.3966 and 91.1930 respectively in a weekend assignment (Cordova, Pagtulon-an, and Tan, 2019). A similar trend was observed with the midterm exam, which helped the researchers conclude that homework was not positively correlated with academic performance. It can be argued that the findings are not robust enough since they only highlight the causal relationship between homework and academic performance. However, the implications of the research remain valid, considering that they add to the literature on the role of homework in students’ academic performance. As an experimental study, the findings do not reflect the root causes of the issue, which means that the study has only managed to establish a connection between variables. The nature of the relationship cannot be discerned using either the methods of the data collected.

Strengths and Weaknesses

The research article has both strengths and weaknesses, mostly regarding the methodological approaches adopted. The first strength is that the researchers have managed to establish the link between homework and academic performance. Considering that the major rationalization of homework is that it helps learners perform better, the study negates this perception and reveals this position not to be true. Another strength is that it uses a quantitative approach, which is better for generalization. Overall, the methodological approaches used are both valid and easy to replicate.

In terms of weaknesses, can be argued that the sample used is not large enough to allow for adequate generalization. The rationale is that a sample size of 57 students for the experimental group was inadequate, especially considering that all participants come from the same school. A larger sample and study replicated across multiple schools would have been better. Another weakness is a bias in the classification of the control and experimental group. In essence, including all the bright students in the control group cannot be justified considering that such a group could easily perform better even without extra work.

Ethical Issues

Ethical issues have not been addressed in the research, which raises the question of how research ethics and guidelines were deployed. As a primary study, the scholars engaged human subjects, which means that they could be exposed to some form of harm. It would be expected that such research should address all ethical issues or explain how the scholars intended to be ethical. Privacy, anonymity, informed consent, and beneficence are among the ethical challenges the study should have explained.

Alternative Approaches

While there is nothing wrong with the methodological approaches used, it is argued that there are alternatives that could have been used. in this case, qualitative methods for a case study sound more appropriate considering that causal relationships between homework and academic performance have been extensively explored. As a result, the underlying factors of these relationships should have been explored, or, at least, the researchers should have explained why homework does not contribute to higher performance. Qualitative exploratory research assesses all issues affecting academic grades and homework. Alternatively, the design sampling approaches could have been different to help improve the quality of the findings. For example, a cross-sectional design could have involved larger samples studied at a single point in time, which helps with generalizability. Similarly, a longitudinal design could replace the case study where the relationships are monitored for a longer period.

Value for Practitioners

The main question that needs to be answered here is what value practitioners can gain from considering this research. the argument made is that practitioners have a responsibility to decide whether or not to give homework and how much homework students should get within a given period. In this case, considering the findings of the study helps practitioners understand the true value of homework and decide on the necessary policy. If the findings are accepted, the practitioners should find no use for homework since it makes less sense.

Implications for Proposed Research

The proposed research seeks to examine a no homework policy in primary schools in Abu Dhabi. The research critiqued has examined the same issue with the case study targeting a different population from a different geographic location. Therefore, the proposed research can use the basic ideas and approaches in the critiqued study in addressing the same question. The implications for the proposed research include the direction taken, the method and approaches, and even the nature of the entire research. in essence, the researcher can decide to replicate the findings and support the theoretical foundation of the relationship between homework and academic performance. Alternatively, the proposed research can accept the finding and embark on searching for explanations of the causal relationship between the variables. In terms of methodology, qualitative or mixed methods can be used to test whether the same outcome can be obtained. Overall, the critiqued research helps form the basis for the proposed study.

The article No assignment: a boon or a bane? helps answer the question of the usefulness of homework for students. The findings indicate that this practice does not help students improve their grades. the critique of the article has focused on several areas, including the literature, methods, and findings. Overall, it can be argued that the study lays the foundation for future work by offering a definitive answer to the question of whether homework improved academic performance.

Reference List

Cordova, C., Pagtulon-an, E. and Tan, D. (2019) ‘No assignment: a boon or a bane?’, International Journal of English and Education, 8(1), pp. 144-160.

Pfeiffer, V. (2018) ‘Homework policy review: a case study of a public school in the Western Cape Province’, South African Journal of Education, 38(1), pp. 1-10.

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Rethinking the “No Assignment” Provision

27 November 2023 20 November 2012 | Ken Adams

In this post , Brian Rogers explains how, as an experiment in crowdsourcing contract language, he has posted on Quora ( here ) his candidate for “the best anti-assignment provision in a contract ever.” He says that it’s “probably lifted” from Negotiating and Drafting Contract Boilerplate (Tina Stark ed. 2003) ( NDCB ). Here’s Brian’s provision:

Neither party may assign any of its rights under this agreement, either voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner, except with the prior written consent of the other party. Neither party may delegate any performance under this agreement, except with the prior written consent of the other party. Any purported assignment of rights or delegation of performance in violation of this section is void.

It so happens that I’ve been idly contemplating shortcomings in standard no-assignment language. That’s something that I’ve tackled previously ( here ), and Brian’s post prodded me to revisit the topic.

I’ll start by offering the following comments on Brian’s provision:

• In the interest of consistency I prefer using “shall not” for language of prohibition, but that’s something I’m still exploring. Using “neither party may” works too.
• If you provide for the possibility of consent, it would be safest to assume that consent can’t be unreasonably withheld. If you have a problem with that, omit any mention of consent.
• Isn’t “voluntarily or involuntarily” needless elaboration, analogous to saying “I don’t eat fish, whether fresh-water or salt-water”?
• To avoid having to be all encompassing (“or in any other manner”), I’d use “including”.
• You might want to make it clear whether the prohibition applies to mergers regardless of whether the party is the surviving or disappearing entity (see this post ).
• The distinction between assigning rights and delegating obligations is pointless; in this context, “assign” and “delegate” constitute what I call “misapplied terms of art” (see this post ). Because the provision refers to what is being assigned and delegated, a generic alternative to both words would work just as well, and I opt for “transfer”. Regarding that choice, NDCB , at 56, says, “The problem, however, is that there are reams of cases that analyze ‘assign,’ but not ‘transfer.’ If ‘transfer’ were used alone, the precedential value of the existing cases might be compromised. Moreover, the cases already question the meaning of ‘transfer.'” This doesn’t worry me, as the context makes it clear what’s going on.
• It’s unclear what “rights” refers to. (I don’t use the word “rights” anywhere in MSCD .) I think it refers to discretion granted to a party under an agreement and any remedy that a party has under an agreement, and I’d rather make that explicit.
• By referring to delegation of performance rather than delegation of obligations, Brian’s provision seeks to reflect that a party might delegate not only a duty but also a condition. See NDCB at 26, 74. But I think it’s unrealistic to expect readers to deduce that nuance from a reference to delegation of performance; it would be better to make it explicit.
• The last sentence is language of policy. I suggest that because it relates to a contingent future event, most native English speakers would say “will be void” rather than “is void”.

So here’s my initial version (it’s certain to change) [ Updated 9 August 2016: Language tidied up]:

Except with the prior written consent of the other party, each party shall not transfer, including by merger (whether that party is the surviving or disappearing entity), consolidation, dissolution, or operation of law, (1) any discretion granted under this agreement, (2) any right to satisfy a condition under this agreement, (3) any remedy under this agreement, or (4) any obligation imposed under this agreement. Any purported transfer in violation of this section X will be void.

Because my version makes explicit what Brian’s version only alludes to, it’s longer, but not by much (85 words versus 72 words).

I’ve posted my version on Quora, under Brian’s. (Hey, Brian! In. Yo. Face!) But crowdsourcing is still no way to identify optimal contract language. In particular, I wouldn’t rely on contract language select by haphazard vote. Instead, what you have here is the usual process of Brian, me, and others hashing stuff out. I look forward to having readers point out the weaknesses in my version.

[ Updated 27 November 2023: Bear in mind that in some contexts—notably bankruptcy—no-transfer provisions are unenforceable by law. See my 2014 article on termination-on-bankruptcy provisions, here .]

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Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of  A Manual of Style for Contract Drafting , and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.

17 thoughts on “Rethinking the “No Assignment” Provision”

I have several concerns here. First, I have never been happy with the “each party shall not” formulation. I don’t mind “may not,” or better yet, “no party may,” but if you really want to use “shall not,” then I recommend “a party shall not” as being less awkward and contrary to normal usage.

Second, I’m surprised that you would allow “by operation of law” to survive here. For the most part, this phrase is used to refer to the “automagic” continuation of the disappearing company’s contracts under the aegis of the surviving company in a merger, in which case the language is redundant when you’ve already discussed mergers. Moreover, if this language relates to some other operations of law, for example an order of a bankruptcy court, it’s rather hubristic to think a contract can trump the ruling authority. Better, if it’s such a big deal, to handle the consequences of such a mandated transfer by giving the affected party an explicit termination right (without the nasty consequences of breach).

Third, in my experience the issues surrounding “delegation” are not only that it’s a misapplied term of art, but that it mistakes the transfer of a contractual obligation for a subcontracting of its performance. In fact, reliance on delegation or transfer is misplaced if one is concerned about subcontracting (since it doesn’t really amount to a transfer of any contractual obligation, only having that obligation physically performed by someone else). A drafter should inquire carefully what the client is really concerned about here, and if it’s subcontracting, that should be explicitly mentioned.

Ah, thank you Vance. I thought My discomfort with ‘delegate’ was a translation issue from US to UK English. I,too, Think that is the wrong word to use.

“No purported transfer of one or more of the following arising from this agreement will be valid without prior written consent of the other party: (1) discretion, (2) right to satisfy a condition, (3) remedy under this agreement, and (4) obligation.”

Other than light trimming, the principal thing this version does is dump the duty not to transfer and go solely with the avoidance of purported transfers. Why prohibit killing the dead?

Because failure to comply with a prohibition gives rise to a remedy; voiding purported transfers doesn’t. I can imagine situations where that might be significant.

No one can fail to comply with a prohibition against transfer when purported transfers are void. Void transfers are non-transfers. Killing the dead isn’t wicked, it’s just impossible.

It’s wicked and depraved! Actually, what happens if Acme makes a purported assignment that results in costly and protracted litigation? Widgetco would like to be able to go after Acme. Wouldn’t that be easier if Widgetco could point to breach? Should the obligation refer to not attempting to transfer?

“Any purported transfer by Acme, without Widgetco’s advance written consent, of one or more of Acme’s rights or obligations under this agreement will be void and will constitute a breach of this agreement.”

This game is based so much on underlying US laws on the meaning of assignment, merger, etc, that it is impossible for a non-US lawyer to participate. We don’t generally have mergers where a party disappears into a puff of smoke. A sale of a business [nearly] always happens by a sale of shares or a sale of assets.

I think the concept of assigning rights under a contract is well established in case law and using different terminology is reinventing the wheel.

I think the “if you do it despite the prohibition, it will be void” concept is strange, but one that I have seen before in US contracts. I don’t think it works, under English law, in respect of prohibitions on assignments of IP. I am doubtful whether it works for assignments of rights under contracts.

For what it is worth, my English law version would be very different and would simply say:

Neither party may assign any rights, or transfer any obligations, under this agreement, without the prior written agreement of the parties.

I have used the word “agreement” rather than “consent” to try to avoid case law on whether a term should be implied that consent should not be unreasonably withheld. The terminology of assignment and transfer is based on a House of Lords case, Linden Gardens v Lenesta Sludge – see http://www.bailii.org/uk/cases/UKHL/1993/4.html

As usual, caselaw is of less interest to me than the scope for confusion. I suspect that if you ask many lawyers what is meant by assignment of rights under a contract, you’d get quite a variety of answers.

Okay, Ken I’ll take your word for it. English lawyers who keep Chitty on Contracts under their pillows won’t be so variegated

Mark: Regarding your statement, “I think the ‘if you do it despite the prohibition, it will be void’ concept is strange, but one that I have seen before in US contracts,” consider the probable source of such provisions:

Since U.S. contract law is the province of the states, we have the high court of each of the 50 states reviewing the handiwork of probably twice that number of state appellate courts, which in turn have reviewed the work of probably thousands of trial courts. In addition, we have almost 90 federal district courts trying to predict how the supreme courts of the various states would rule if they were hearing the contracts cases that have fallen into the laps of the federal courts due to accidents of jurisdiction, plus the dozen courts of appeals and the Supreme Court. Then there are specialty federal courts such as the bankruptcy and tax courts which provide an additional source of cases for the federal district and appellate courts to review. And did I mention the extensive administrative law system that probably dwarfs all of the above in scope and which I’m sure has plenty to say about contracts?

Somewhere, sometime in the distant past one of those courts had an unfortunate fact pattern and, wanting to avoid the effect of an anti-assignment provision, decided that although the purported assignment was a breach of the contract in which it was found, the assignment was still effective. Other courts picked up on the work-around, and commercial lawyers have all been covering that base ever since.

Thanks Brian, interesting insight. I would have posted on your site but For the reasons given above I didn’t have a useful contribution.

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The language as being quoted from Negotiating and Drafting Boilerplate is incomplete. Here is the full language, along with explanations of some of the text. Many of my points will be at odds with those of Ken and arise because of differences in drafting philosophy.

Assignment and Delegation.

(a) No Assignments. No party may assign any of its rights under this Agreement, except with the prior written consent of the other party. [That party shall not unreasonably withhold its consent.] All assignments of rights are prohibited under this subsection, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner. For purposes of this Section,

(i) a “change of control” is deemed an assignment of rights; and

(ii) “merger” refers to any merger in which a party participates, regardless of whether it is the surviving or disappearing corporation.

(b) No Delegations. No party may delegate any performance under this Agreement.

(c) Consequences of Purported Assignment or Delegation. Any purported assignment of rights or delegation of performance in violation of this Section is void.

1. The provision is divided into three separate subsections, each dealing with a different topic. A long provision violates the so-called “three-line rule.” Sentences longer than three lines are hard for the reader to take in. Also, by separating assignment from delegation, the drafter is reminded that each of these provisions may need to be elaborated based on facts. (Perhaps delegation is permitted subject to certain conditions.)

2. Generally, exceptions should not begin a sentence. The usual rule is to state the rule – so that the reader has context – and then state the exception. This is also helpful if the sentence contains multiple exceptions that the drafter might want to tabulate.

3. I prefer “No party may” to “Each party shall not.” The sentence’s purpose is to express a prohibition that applies to all – no one can do it. In this context, a negative subject is appropriate: no party/neither party. When using a negative subject “may” is correct. “Shall not” works perfectly well when the subject of the sentence is a single party. “Sam shall not borrow any money.”

4. As to whether consent can be unreasonably withheld is a matter of state law. Some states read into a provision that grants discretionary authority an implied promise of good faith and fair dealing, stated differently, they read in reasonableness. Others do not imply a reasonableness requirement. For example, in New York, landlords may be unreasonable in denying consent to assignment.

5. Courts seriously dislike anti-assignment provisions. They view them as interfering with the free flow of commerce. They insist that if a particular assignment is to be prohibited, it must be listed. For example, if a provision prohibits the assignment of rights, the issue arises as to whether the provision prohibits the assignment of rights by merger. In all states that I’ve checked, unless the assignment by merger is explicitly prohibited, it’s permitted. The courts are rather adamant. They’ll turn their decisions inside out to find the anti-assignment provision unenforceable. They don’t like them and if the provision isn’t explicit, the courts will say that if the parties had really wanted to prohibit assignments by merger, they knew how to use their words. “Voluntarily or involuntarily” is used consistent with these cases.

6. Drafters have tried multiple ways to create all-inclusive provisions, but the courts reject them as not having been specific. “or in any other manner” was blessed by one court, so it’s used in the provision. Another court rejected the phrase “or by any other transfer,” stating that it did not know what “transfer” meant and it therefore could not act as an omnibus savings provision.

7. An anti-assignment provision should also address whether a change of control is deemed an assignment. If Parent Company A sells all of its issued and outstanding shares in Subsidiary A to Buyer Company, Subsidiary A becomes a wholly-owned subsidiary of Buyer Company. Nothing has happened at the Subsidiary A level; there’s been no assignment. Courts hold that unless the change of control is expressly prohibited, it does not rise to the level of an assignment. This prohibition can generally be accomplished in one of two ways: either through a definition, as in the stated provision, or by including a change of control as a default.

8. Assignment and delegation are terms of art, not misapplied terms of art. The Restatement (Second) of Contracts carefully defines them, as do legions of cases. Unfortunately, some lawyers are unfamiliar with them because their contracts courses didn’t cover them. That doesn’t mean new words should be created.

9. Rights are the flip-side of an obligation. If I have an obligation to pay you $100, you have a right to my performance. The transfer of the right to performance is what the assignment is all about. It’s technical. Using terms in a technical way creates precision. If one has discretionary authority, that is a colloquial right but not a contract right. That’s the reason why “right” is not used to signal discretionary authority. Instead, the correct verb to signal discretionary authority is “may”. Incorrect: The publisher has the right to reject the book. Correct: The publisher may reject the book.

Rights can also refer to remedies, but that is consistent with the definition of rights. If a party has a right to have its deposit returned, the flipside obligation is the obligation to return it. If a party has a right to an injunction, the flipside obligation is the promise not to contest the right to the injunction.

10. “Will be void” v. “is void.” I can’t get too excited about this issue. I start from the premise that the contract should always read as if it presently applies and that, therefore, the present tense is correct.

11. Subsection (c) is another consequence of the courts’ dislike for anti-assignment provisions. Mere prohibition does not void the assignment. The courts draw a distinction between the “right” to assign and the “power” to assignment. A flat prohibition merely prohibits the assignment of the right to assignment. Violation of the prohibition is a breach, like any other contract breach. The assignment is enforceable, but gives rise to damages. Unfortunately, the nonassigning party often has trouble finding damages to claim. What difference does it make to whom it pays money? If the nonassigning party’s performance is somehow changed, then damages might be claimed. To make the purported assignment unenforceable, a provision must take away the “power” to assign. That is accomplished through language along the lines of subjection (c).

Tina: Thanks; some readers might find that extract helpful.

More generally, the only drafting philosophy I buy into is identifying the clearest contract language.

Do you see any issues with making the transfer voidable by the non-transferring party instead of void ab initio?

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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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Deped to issue ‘more precise’ guidelines on students’ homework policy, homework ban to promote ‘holistic approach’ among families — solon, deped: no-homework plan to help students attain school-life balance.

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No Points Off for Late Work

A look at how one teacher adjusted her policies to encourage learners to turn in quality assignments, even if they were late.

When I think back on my school experience, I distinctly remember attempting to finish homework a few minutes before class. They were frantic, heart-racing moments where I was scribbling illegibly. I wasn’t focused on doing good work—just trying to get words on paper so I could get some credit.

As a student, I knew I was being punished for procrastinating. As a teacher, I implemented a policy that I thought was kinder: I always welcomed work, but students lost points based on the number of days the assignment was late. I reasoned that I needed to prepare them for the real world of deadlines and consequences. It also seemed to be a clear-cut way to incentivize on-time work while allowing for wiggle room when students struggled.

Allow Nuance in Accepting and Assessing Student Work

Then, the pandemic hit, and nothing was clear-cut anymore. The pandemic showed that there had always been nuances in some student absences, but now it was on a much larger scale and complicated my policy. I also saw that when I discussed my students’ skills, my late policy made it difficult to see a student’s actual skill level if their grade reflected lateness, not a lack of understanding.

Dr. Jeff Judd, an education professor I work with at Leeward Community College, experienced similar challenges, noting that it was hard “to make viable statements about whether my students were actually learning anything. Does a failing grade mean that the student didn’t learn anything or that the student couldn’t manage their own time well ?”

A few colleagues, including Dr. Judd, shared a new approach: allowing students to receive full credit on their assignments, no matter how late, and including a grade focused on their organization and planning. This allowed teachers to grade students on the skills their assignments were assessing. Judd appreciated the clarity, saying, “I no longer had to evaluate or confirm excuses on why it was late because they could still score full credit. If a student completed the assignments but received zero points for “on-time”/planning and organization [multiple times], I could intervene and focus on organizational and time management strategies rather than academic ones.”

Shift Your Late Policy to Encourage Quality Work

I was hesitant at first. The concept was outside my comfort zone. Then, I realized that my comfort zone was largely dictated by my own K–12 education experiences. I wanted to spare my students those frantic, heart-racing moments scribbling down words and instead try to get quality work.

So, this quarter, I informed students that I would no longer take off points for late assignments and they would also receive a separate “organization, planning, and preparedness” (“OPP”) grade in connection with each submitted assignment. The score was averaged into their overall class grade and used a rubric based on a percentage of late and missing assignments and student reflections so they could improve in the future.

Ultimately, my students and I both appreciated the change. It was more straightforward than my previous late policy. Instead of navigating excuses and calculating points to take off, I noted the assignment as “late,” knowing that I could consider it in the aggregate at the end of the quarter. This freed me up to provide more meaningful feedback to my students on the actual skills I was assessing with the assignment. 

A few weeks before the end of the quarter, I shared their current OPP grade based on their present work, so they had time to raise that grade if they had been struggling or ask questions if there was a discrepancy. At the end of the quarter, I was able to quickly calculate what percentage of assignments were late and only needed to investigate if it drastically changed a student’s grade, so I could provide a comment to students and families about why and how the grade was affected.

Students said the change allowed them to turn in their best work. One student shared that the policy “motivates students who haven’t planned and prepared for class to be more prepared and… to be the best version of themselves.” Another shared that “it allowed us to not rush our work to turn in things. Although it’s important to turn in homework on time, I believe it is more important to submit work that [shows] your best abilities.”

Additionally, my students shared that it made them feel more valued. “[The new grading system] reflects more of an overall student contribution,” one reflected. “Taking off points for each assignment turned in late almost defeated the whole purpose of the assignment.” Another felt that “[I] should keep doing it because it assesses us as a whole.”

Set Boundaries so You Can Submit Grades on Time  

While I was initially worried about getting a flood of work at the end of the quarter, I actually didn’t experience that. My mid-quarter check-in encouraged many students who had numerous late assignments to turn them in then. I also set a deadline for all work that gave me adequate time to grade work before I had to submit final grades to my school. This helped set boundaries so I could still assess work while giving students as much time as possible.

I’m glad I went outside my comfort zone to try this new style of grading. I’ve also appreciated learning from the work of other colleagues making similar changes, like Matthew R. Kay’s fantastic student-led reflective rubric for projects , which I want to incorporate into my classroom. In doing this, I’ve now reframed my classroom—not just to focus on assessing skills instead of timeliness, but also to worry less about punishing procrastination and instead find ways to look at my students in a more holistic way.

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What is the advantage of no assignment policy?

Table of Contents

• 1 What is the advantage of no assignment policy?
• 2 Is no assignment policy approved?
• 3 What are positive effects of homework?
• 4 What are the disadvantages of no homework policy?
• 5 What are the benefits of not having homework?
• 6 Why is it bad to give students assignments?
• 7 Which is better with assignments or without assignments?

Both programs aim to help kids take greater responsibility for what and how they learn. An analysis of the school’s homework schemes showed that it helps develop independence, ensure that skills taught in school are followed-up at home, and promote kindness since some tasks involve family, the community, and charity.

Why is no assignment policy bad?

“It will be dangerous for the child to have no homework because it would lead to a poor study habit,” he explained. [Translation: The learning capability of the child will decline. They cannot hone and develop the skills they learn in the classroom.]

Is no assignment policy approved?

No Assignment policy was just been signed and approved by the Department of Education. Department of Education issued Memorandum No. 392 which orders teachers not to give homeworks on Fridays for the students to have quality time with their families on weekends.

Do you think the no homework policy will help the students to have quality time for their families?

“By ensuring that they complete all assignments and projects in school, the no-homework policy enables our learners to find a balance between their academic development and personal growth by having ample time for enjoyable activities with family,” it added.

What are positive effects of homework?

The most direct positive effect of homework is that it can improve retention and understanding. More indirectly, homework can improve students’ study skills and attitudes toward school, and teach students that learning can take place anywhere, not just in school buildings.

Is no homework policy good?

By ensuring that they complete all assignments and projects in school, the no-homework policy enables our learners to find balance between their academic development and personal growth by having ample time for enjoyable activities with family.

What are the disadvantages of no homework policy?

Cons of Homework Bans

• Homework Fosters Study Skills and Independent Learning.
• Homework Gives Parents the Opportunity to Get Involved.
• Homework Tracks Student’s Grasp of Academic Content.

What is good about no homework policy?

What are the benefits of not having homework?

5 reasons why students should get less homework

• Students are encouraged to learn. The goal of school should be to teach students how to learn and to love learning.
• They are better rested and focused.
• Free time makes them well-rounded.
• A balanced workload supports mindfulness.
• Family time is valuable to wellbeing.

Is the writer in Favour of or against homework?

the writer isn’t against homework, rather he is only against the concept of giving students excessive homework.

Why is it bad to give students assignments?

Are there no assignment groups in high school?

Which is better with assignments or without assignments?

What are the arguments for no homework policy?

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IMF warns industrial policy no magic cure for slow economic growth

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China's q1 gdp growth set to slow to 4.6%, keeps pressure for more stimulus- reuters poll.

China's economy likely grew 4.6% in the first quarter from a year earlier - the slowest in a year despite tentative signs of steadying, a Reuters poll showed on Thursday, maintaining pressure on policymakers to unveil more stimulus measures.