The pre contractual and post contractual issues leading to hold up

The pre contractual and post contractual issues leading to hold up 1. AIM/OBJECTIVE The purpose of this paper is to examining the concepts of hold-up and how power plays an important role in how the problem of hold-up is resolved. And also look at possible strategies or solutions for the buying organisation to avoid hold-up. 2. METHODOLOGY This paper will examine the work of Klein and Chang Ive in answering the concept of hold-up in the supply chain and also will examine the pre-contractual and post-contractual issues leading to hold-up. The first part of the assignment looks at how concept of incomplete contracts led to problem of hold-up in case of the General Motors and the Fishers case. In the second part of the assignment, is about how other factors like asset specificity and lock-in leads to hold-up problems post contractual in reference with the construction projects. Also look at the case of hold-up in the IT industry in regard to the Flash Apple clash. And finally critically evaluating the different cases and conclude by deriving a strategy or mechanism in avoiding or minimising the risk of hold-ups for buying organisations. 3. INTRODUCTION Hold-up is a situation where there are two parties (say, buyer and supplier) and one party has to make specific investments for the trade. If the investment is specific only to that customer, then the supplier is vulnerable to hold-up and on the visa-versa, if the product designed is specific to the raw material possessed by the supplier then the buyer is bound to have higher risk of hold-up (Klien, 1996). The party with the higher power seeks to achieve the quasi-rents  [1]  . Hold-up on the transactions cost economics is the problem of short-sightedness. Hold-ups can occur under various situations both pre-contractually and post-contractually. As explained by Williamson (Williamson, 1985), it could be Opportunistic behaviour of supplier pre-contractually or Kleins theory of uncertainty in the market condition or the issue of moral hazard or bad behaviour by the buyer that leads to the hold-up situation. As explained by Klein, the buyer/supplier conflict can be due to unanticipated events that occur during their contractual term; like reduced/increased cost or demand, which clearly puts one party with the higher bargaining power and thus changing the power dynamics in the relationship. The party with the higher power tries to breach the contract or be opportunistic in order to achieve the quasi-rents. (Klien, 1996) Williamsons concept of feasible foresight/farsightedness could be a possible solution for the buying organisations to avoid or negate the issue of hold-up. People are boundedly rational and having a myopic view is a problem. Klein looks at the role of contracts in solving the problem of hold-up and says the assessment of self-enforcing range of the contract and a better written contract can avoid the situation. The ways of solving or taking into account the problem of hold-up has been in the core of transaction cost economics. There have been occasions where both parties know that there is a possibility in hold-up in future but considering the cost and time involved in defining each and every contingency in the contract is not feasible (Fares, 2006). Below I will be discussing a few cases where hold-up was evident and what corrective actions were taken under different circumstances. 4. HOLD UP: CASE ANALYSIS There have been numerous cases of hold-up discussed in the transaction cost economics and the one that is most spoken about is the General-Motor and the Fishers Case. In this assignment, I will be discussing three different cases focusing on contractual issues, moral hazard, asset specificity and the issues with time in Hold-up. 4.1 General Motor Fishers Case of Incomplete Contracts  [2]   This has been the most spoke about case in economics in relation to the issue of hold-up. In a nutshell, it is a case where both parties signed a contract in 1919 for the supply of automobile bodies by Fisher to General Motors. Fisher, the manufacturer or supplier in this case had to make specific investments in stamping machines and dies for General Motors. This was a long term contract(over a ten year period) and also General Motors set a price formula, Fishers Variable cost plus 17.5%(to cover the capital and overheads). Ideally General Motors(henceforth GM) designed the contract in such a way that they can create a hold-up over Fisher. GM had even threatened to reduce the demand if Fisher did not come down on price, which would mean that the investment made by Fisher would not be efficiently used. But what really happened was not expected by both the parties. Up till 1919, most of the cars had wooden bodies but there was a huge rise in demand for steal body cars in 1919 which lead to a huge rise in demand for Fishers products. GM had no other supplier to replace with and even doing so would lead to a high switching cost. This could also be a problem of myopic view by GM, who view the price in a long term perspective and ignored the market potential/demand. The unanticipated increase in demand gave Fisher the upper hand and used the contractual terms to its strength in attaining the quasi-rents. They moved farther from GM location and created the extra-income through the formula set by GM in price determination. Fisher found that the contract was over the self-enforcing range and was in a favourable position for it to profit out off the contract if it breaches the contract. This provided as an incentive to Fisher. Both the parties new that the contract was not completely perfect and believed that the contact was optimal designed to minimize the probability of hold-up. GM had only two options available to resolve the problem, first to terminate the contract and find a new supplier. This would mean that the huge market demand cannot be satisfied and the switching cost becomes very high. The second being, renegotiating with Fisher and provide a lump sum payment to keep the contract running. Without question, GM had to settle for the option two as the time span was very limited and GM did not have much of an option in suppliers then. Thus the problem of imperfect or incomplete contracting leading to hold-up is evident in this case. In this case, to prevent the ex-poste problem of contracting, GM should have had the farsightedness view towards contract and defined a contingency plan in case there is a drastic change in the market condition to renegotiate the contract and derive at a new price. This could have saved quite a lot of time and resources. It should not be just from the price point view but should be a holistic view of the contract. They should have defined the self-enforcing range so that they need not be amended frequently. They were right in defining the power relation pre-contractually but underestimated on the post-contractual drift in power. Also GM should have had better incentive plans in place so that the supplier does not think about breaching certain incompleteness of the contract (Klien, 1996). Asset / Process Specificity Lock-In Situation In Construction Projects  [3]   The second is a case with multiple levels of hold-up ranging from small to large in the money involved in the dispute. This is a case in the construction project with three different parameters (uncertainty/unanticipated events in the project, lock-in situation and the amount of money involved in the dispute) of hold-ups identified. In the construction specific project a new form of asset specificity was identified, process specificity (Chen-Yu Chang, 2007). The channel tunnel project is a build-own-operate-transfer project for creating a tunnel for railway network. Both the French and the British governments awarded the project to Eurotunnel, to build and operate the tunnel for 55 years(which after extension is 99 year project). Eurotunnel in-turn sublet the construction to a ten member consortium called Transmanche-Link  [4]  . The project was at the design stage when TML was assigned and the changes that they had to make in the project had to comply with safety rules of the intergovernmental commission (Chen-Yu Chang, 2007). The project started under huge pressure and Eurotunnel, gave out the project to TML under two contracts: cost-plus contract for tunnelling and lump-sum contract for fitting out and terminals (Chen-Yu Chang, 2007). Two events that were ungovernable uncertainty that occurred in the first stage where, the conditions for the land, which TML expected it to be better but was in a much worse condition and the delays in signing of the Anglo-French channel treaty delayed the start of the construction. Although the money under dispute was not a large sum at this stage TML had to go for an extension in the project time and there were no concessions made on the cost overruns. The second round of dispute was on the cost overruns which were outstanding from the previous dispute. By this time both were in a lock-in situation as over  £850 million loan has been drawn out of the bank. Due to the delays caused earlier, there was a step rise in the cost which needed the contract to be re-valued and the new target cost for the project was set but TML had to bear a higher percentage of the cost overruns. The third dispute was a large sum of money involved, where the requirements of intergovernmental commission and railway companies induced a huge rise in cost on the equipments. TML passed on this added cost to the contractor Eurotunnel. By this time Eurotunnel was in a lock-in situation with TML and had to settle for the needs of TML. Thus TML benefitted out of the incomplete long-term contract signed. 4.3 Flash Apple War The third case is over property rights issue in IT industry. IT and Software industry is prone to hold-up problem. For example, developing an internet page/company basing it on a particular software firm/application which the company doesnt have property rights is considered equivalent to building a house without owing the land. For any changes that have to be made on the internet, they need the original creator/vendor, which makes it dependant or held-up by the vendor. Flash is a similar kind of software or platform, where the products built on Flash are at high risk of hold up. Because of this, flash is recently been targeted by firms like Apple and Google, in replacing them with a better source. Apple for its new product iPad, needed to make heavy investment in the ecosystem. Had it used Flash, Apples ability to achieve rents from the investment would have been held-up by Adobe. Flash is a more closed software and does not share exclusive information with its clients. This has been a hindrance to many firms and firms are looking for a much open source software and platforms to develop their products. The issue in the IT sector could be minimized by making a clear contract stating the future maintenance and updating of the software and also define a period when the contract will be re-valued or re-negotiated (Michael Schwartz, 2010). 5. CRITICAL EVALUATION After looking at the three above cases some of the prevention measures that a buying organisation could adopt are as follows. It is not always possible for a buying organisations to adopt these is all the situations. Figure 1: Contractual Process The above picture depicts the process of contracting that the buyer could you to adopt to avoid or minimize the risk of hold-up in a relationship. The first step for the buyer is to decide on the investment and make a cost-benefit analysis of the investment. Some of the basic questions like is the investment really needed, is it worth entering into the relationship and most importantly before the investment decision is the analysis of the buyer-supplier power relationship.The buyer before entering into contract specific investment in relationship, has to assess the power dynamics and foresee the possibility of shift in power post investment. If it finds itself in a weaker position, certain contractual terms could be added to protect its profits out of the investment. Defining the relationship also clears the fear of buyer falling into a lock-in situation with the supplier. As Williamson says, buyers need to have the farsighted view on the contracts than signing a contract and taking care of the problem later, only to recognise that they have to settle for the second best option. Then is the writing of contracts. As we have seen from the above case examples, it is clear that all the contingencies cannot be written down in the contract as identifying them is a lengthy process and is an expensive process too. To make an effective contract, we could use both Klein and Williamsons concept in design a contract which has a self-enforcing range but also had the farsightedness view of the project and identifying opportunistic nature of the supplier. Also it is important at this stage to define the property rights of the product or the process that the supplier is making with the specific investment made. It is also important to define the incentives that the supplier gets for on-time completion of the project and within the budget fixed. This incentive should be made as an attractive offer to the supplier so that the risk of opportunistic behaviour by the supplier can be minimised. The next step is that the supplier makes the investment and the buyer needs to overlook the spend so that they do not go excessive of the planned budget. The problem in conflicts and lock-in has in most occasion been due to the excessive spends and buyer had always been to have partially paid for the mistakes of the supplier because of the sunk cost or switching cost for the buyer if he had to change the supplier during conflict. The contract should be defined in such a way that over a specific period of time and cost, the contract will be re-opened for negotiations and a performance review been conducted on the supplier. The fourth and fifth steps are in relation to the renegotiation of the contracts. During the contract stage, the time period of re-negotiation or re-evaluation of the product should also be defined. Even in a long-term contract when the price is fixed on certain parameters, it is better to re-examine the conditions after a few years or after certain unanticipated events like financial crisis or sudden rise in demand to keep a contractual balance and prevent one party from benefiting from the contract. The final step is the payments for the trade and the buyers need to be careful here not to delay the payments as this could lead to conflict and the supplier taking arbitration actions to court. This could also lead to bad reputation and damage the image of the buyer in the market. 6. CONCLUSION Again, Power relations play an important role for the buyer organisation in defining their contractual terms with the supplier. Power is the universal term in economics and failing to understand it could be costly for organisations. From the case evidence above it is clear that being over-optimistic in design the contracts have made some companies in losing their power post-contractually. Hold-ups are due to unexpected events or sometime a deliberate process due to the lack of time or resources available. There has been no specific method or tool to negate the hold-up issue and depending on the situation the actions are taken. But it is important for buyers to pre-empt the situation and be ready to tackle the situation. Thus I conclude by saying that in real world all the situations are possible, information asymmetry, opportunistic behaviour supplier, moral hazard behaviour of buyers, lock-in situation, incomplete contracting and hold-ups are the evident result and one needs to craft a well designed contract to evade the situation. They buyers need to keep in mind this statement of why settle for a silver when you can go for the gold

Rock and Roll in the Early Fifties Essay -- Music Art Musicians Rock a

Rock and Roll in the Early Fifties Hail, hail rock ‘n’ roll, Deliver me from the days of old. Long live rock ‘n’ roll The beat of the drum is loud and bold, Rock, rock, rock ‘n’ roll, The spirit is there body and soul.† - Chuck Berry (Hibbard and Kaleialoha, 19) An African- American euphemism for making love, rock and roll spurred from all genres of music, but mainly that of folk, country, jazz, pop and rhythm & blues (Yorke, 11). It is a type of music that generally involves heavy pounding of the piano, a loud drum beat, saxophone backgrounds and boisterous shouting by the singer. It was a new blend of music emerging from 1948- 1951 as a result of a generation’s need to express their own identity. Originally, rock and roll was performed by black artists because it was a result of the incorporation of a more upbeat background to rhythm & blues. Examples of such artists would be Little Richard and Chuck Berry; both were coined â€Å"the fathers of rock and roll† even though they started out as rhythm & blues artists (Szatmary, 16). In context of â€Å"Cat on a Hot Tin Roof,† the characters most likely to support rock and roll are Maggie, and Mae’s children. This new upbeat, new- age, gibberish was a sy mbol of independence, escapism, and rebellion for youths of the early1950’s (Brown, 4). Although its initial peak of success occurred in 1956, rock and roll had been developing since 1951. The introduction of the 45 rpm disc, transistor radio, and television; and finally, its lively, upbeat sound all contributed to the success of rock and roll(Peterson, 102- 104). The â€Å"baby boomer† generation after the Second World War, was a major influence on the success of rock and roll. Unlike their parents, this g... ... Roll. New Jersey: Prentice- Hall Inc., 1996. This book provides a very detailed outline on how and where rock and roll originated. It places much emphasis on the transition from Black to White rock artists and how society reacted to this change. Szatmary also presents sufficient information on the many aspects of rock and roll, ranging from what the lyrics are about, to the beginnings of rock and roll and new age rock. - Yorke, Ritchie, Rock- The History of Rock’n’Roll. New York: Methuen/ Two Continents Publications, 1976. In Rock- The History of Rock ‘n’ Roll, Yorke provides a chronological approach to rock and roll from 1877- 1974. Although it is not extremely detailed, a general overview of each year’s music is presented. Throughout the book, many descriptive summaries of individual artists may be found along with classic pictures.

Factors That Influence Learning

TASK 18 – Outline the factors that influence learning. Learning is influenced by many factors such as attention, motivation and emotions as well as by learner characteristics like prior knowledge, cognitive and learning styles and intellectual capabilities. The following list shows a number of other factors that may also have a bearing on a pupil’s capability to learn: * Family * Culture * Gender * Impact of peers * Subject content * Teaching style * Learning skills * Recognition of need to learn * Past experiences of learning * Personal learning styles * Range of opportunities Awareness of the learning process * Barriers to learning * Rewards and punishments All these factors have an impact on the quality and quantity of learning for the pupil. For example: * Where cultural background encourages the experience of different learning opportunities then the pupil will have more opportunities of developing effective learning skills. * Not all pupils acknowledge the value o f learning. If a pupil has low-level skills, they may deny the importance of learning as a defence mechanism to prevent exposing themselves or the reason might be a lack of family or peer support for learning. Some pupils might be very much influenced by their peers, either having their own learning experiences enhanced or discouraged by peers. * If a pupil encounters a teaching approach that does not match their own learning style, they may be put at a disadvantage. * A productive and effective learning experience will encourage learning skills, which enables that pupil to successfully learn in other contexts. * Facilitators of learning might not provide effective rewards for learning, such as attention and praise.If the young person relies on rewards such as money or gifts for motivation then they will have difficulty learning in a non-reinforcing environment. Factors that may hinder learning for pupils with special educational needs may be attitudinal, organisational or practical . Natalie Levy Student no: SH34604/DLC Assignment no: 6 Page no: 2 Outline the principles of educational inclusion. Schools and teachers are now required to provide equality of opportunity for all children: * Boys and girls * Children with SEN * Children with disabilities Children from different social and cultural backgrounds * Children from different ethnic groups (including traveller’s, refugees and asylum seekers) * Those from diverse linguistic backgrounds The Government is committed to promoting the inclusion of pupils with special educational needs (SEN) and disabilities into mainstream schools that recognise and celebrate human diversity. Under UK legislation, educational institutions are required to ensure that no learner is prevented from participating fully in education or disadvantage because of factors such as: * Physical, sensory or cognitive impairment Ethnic or social background * Gender Inclusion of children and young people with special educational needs is a key principle of current educational policy and practice. Inclusion is a process by which local education authorities, schools and others develop their cultures, policies and practices to include pupils in mainstream education. Principles of an inclusive education service: * With the right training, strategies and support nearly all children with special educational needs can be successfully included in mainstream education. Schools, LEAs and others should actively seek to remove barriers to learning and participation. * An inclusive education service offers excellence and choice and incorporates the views of parents and children. * The interests of all pupils must be safeguarded. * All children should have access to an appropriate education that gives them the opportunity to achieve their personal potential. * Mainstream education will not always be right for every child all of the time.Equally just because mainstream education may not be right at a particular stage it does not p revent the child from being included successfully at a later stage. The National Curriculum Handbook for primary teachers and the Handbook for secondary teachers in England incorporates a statutory inclusion statement on providing effective learning opportunities for all pupils. It outlines how teachers can modify the National Curriculum programmes of study to provide all pupils with relevant and appropriately challenging work at each KS.It sets out three principles that are essential to developing a more inclusive curriculum: * Setting suitable learning challenges * Responding to pupils diverse learning needs * Overcoming potential barriers to learning and assessment for individuals and groups of pupils. Natalie Levy Student no: SH34604/DLC Assignment no: 6 Page no: 3 Explain the importance of attitudes, skills and resources in the achievement of successful educational inclusion. Sometimes for children with special educational needs and disabilities, obstacles can stand in the way of them getting/achieving the right education and support.Factors that can affect success: * Special education professionals should work in partnership with parents and take into account views of parents in respect of their child’s particular needs * Special educational provision’s should take into account the wishes of the child concerned, taking into account their age and understanding * The culture, practice, management and deployment of resources in school should be designed to ensure all children’s needs are met * Interventions for each child should be reviewed regularly to assess their impact, the child’s progress and the views of the child, their teachers and their parents * LEAs, schools and settings should work together to ensure that any child’s special educational needs are identified early * LEAs, schools and settings should exploit good and best practice when devising interventions * There should be co-operation between all the agencie s and a multi-disciplinary approach to the resolution of issues Depending on the school setting the teaching assistant may play a vital role in supporting the children with SEN. The tasks that a teaching assistant may help with might include helping pupils with reading difficulties, supporting speech therapy programmes and helping pupils to access the curriculum. Explain the importance of encouraging independent learning when promoting educational inclusion.Independent learning concentrates on the creation of experiences and opportunities that help students to become self-reliant, self-motivated and lifelong learners. Independent learning focuses on the individuals need for independence and active participation in their own learning, both in school and in society. Independent learning is important because it is part of an ongoing, lifelong learning process that stimulates deeper thinking and reflection and promotes the continuing growth of students’ abilities and strengths. I ndependent learners develop the attitudes, knowledge and skills needed to make responsible decisions and take actions dealing with their own learning.Teaching staff can help students take responsibility for their learning by providing opportunities and strategies for learning independently and by encouraging pupils to initiate and actively participate in their own learning. Learning is an interactive process among pupils and between teachers and pupils. Pupils engage in learning activities as individuals who are interdependent with other individuals in the classroom and wider society. Students will move towards independence in varying degrees, depending on factors such as age, skill level and ability in a particular subject. Natalie Levy Student no: SH 34604/DLC Assignment no: 6 Page no: 4What support can a teaching assistant provide to a pupil with special educational needs? As a teaching assistant there are three aspects in fostering Independent Learning. They are: * The learning environment created by the staff * The relationship established between teacher and learner * The teaching and modelling of skills needed for independent learning A teaching assistant can play an important role in providing a supportive environment that encourages pupil motivation, self-confidence, interest and desire to learn. It is important that the teaching assistant, in order to promote independent learning, knows their students well and should reflect upon their pupils learning processes.In order to help the students succeed as independent learners, the teaching assistant needs to anticipate difficulties and offer support at crucial intervals. The teaching assistant must develop a good understanding of their students’ strengths and weaknesses (socially, emotionally, intellectually and physically) their exceptionalities, their health and their cultural backgrounds. The relationship between the teaching assistant and learner should foster increasing learner responsibility , meaning that as the student grows in maturity and understanding, they are able to take on greater responsibility for their own learning. An important aspect of the teaching assistant’s role is the teaching and modelling of skills needed for independent learning.The attitudes, skills and knowledge of independent learning will be fostered in students through ways in which the teaching assistant organises the classroom and instructs the student. * Teachers should utilise instructional techniques, strategies and approaches based on collaboration between learner and teacher. This will encourage student participation, both in determining goals and in monitoring the learning process. * Teachers should use approaches that foster student self-confidence and empowers students to take responsibility for their own learning. * Students should be taught activities which facilitate the transition to independence through modelling, demonstration and direct instruction of learning skills.Th ese should then be followed by practice opportunities provided by the teaching assistant, who in turn monitors the students’ progress towards their goals of independent decision making. * The teaching assistant should share with students what is being done and why an activity is useful. The goal is that learners will eventually make their own decisions, connect what they already know with what they are learning, make judgements and inferences, apply new ideas and derive pleasure from learning. The teaching assistant’s role is to be a patient facilitator, showing students how to learn independently, encouraging them, providing feedback and supporting their efforts.These are all crucial factors in providing a learning environment which fosters independent learning and which motivates students to pursue independent learning skills. Natalie Levy Student no: SH34604/DLC Assignment no: 6 Page no: 5 List the stages of the statementing process. Children with SEN who attend mai nstream schools are placed on the SEN list in line with this guidance: * If they require provision which is different from, and additional to, that made for most pupils (â€Å"schools action†) * If the pupils fail to make adequate progress, further provision is to be made (â€Å"schools action plus†) The special educational needs of the majority of children should be met effectively through School Action and School Action Plus. In a small number of cases, where the child is still a ignificant cause for concern after intervention in School Action Plus, the school will ask the LEA for a Statutory Assessment. This involves the LEA, working co-operatively with parents, the child’s school and other agencies, where appropriate. The LEA will seek evidence from the school that strategies and programmes implemented over a period of time have been unsuccessful. The LEA will need information about the child’s progress over time and clear documentation on the childâ €™s SEN and the action taken to deal with these needs. They will then decide whether a statutory statement of the child’s educational needs is necessary. Statutory assessment does not always lead to a Statement of Special Educational Needs.The LEA then looks at the statement request. It may be that a certain child’s needs are very significant and complex, in which case the LEA will carry out a multi-agency assessment and then, if appropriate, provide a Statement of Special Educational Needs. A Statement of Special Educational Needs is a legal document that sums up all the advice gathered during the Statutory Assessment. It sets out what the child’s special educational needs are and the special educational provision required in order to meet them. It names the school where this provision is to be made and any other non-educational needs and provisions affecting arrangements at school.This will be reviewed at least every year but can be more frequent if profes sionals working with the child or the parents identify further concerns. A Statement of Special Educational Needs is split into six parts: 1. Identifies the child or young person and those with parental responsibility. 2. Identifies the needs of the child or young person. 3. Identifies the provision required to meet the needs as described in Part 2. 4. Names the school where the child or young person will be placed. 5. Identifies health needs 6. Determines what provisions are needed to meet those health needs. The provision required will normally be quantified in terms of hours of provision and staffing arrangements in order to meet the changing needs of the child.The school must provide: * Appropriate facilities and equipment, staffing arrangements and curriculum * Any modifications to the application of the National Curriculum * Appropriate exclusions from the application of the National Curriculum and changes needed to maintain a broad and balanced curriculum. Natalie Levy Studen t no: SH34604/DLC Assignment no: 6 Page no: 6 All children with a statement should have short-term targets, set out in an IEP, prepared by the SENCO with the support from the external agencies and the class teacher. Throughout the process, local authority officers work with parents to reach agreement about the content of the statement.Where the LEA declines to provide a statement, the school may request a reassessment after six months. Parents also have the right to appeal against the decision to the SEN tribunal. List and explain the broad content of the SEN code of Practice. The SEN Code of Practice gives practical guidance on the fulfilment of functions under part 4 of the Education Act 1996 to local authorities, the governing bodies of maintained schools, settings in receipt of government funding to provide early education and to those who help them, including the health services and social services. It also provides general practical guidance to such settings about the provisio n of nursery education to children with special educational needs.The Code of Practice provides a framework for developing strong partnerships between parents, schools, LEAs and health and social services. It promotes a consistent approach to meeting children’s special educational needs and places the rights of children at the heart of the process, allowing them to be heard and to take part in the decision making process wherever possible. The focus is on ensuring that SEN are identified as quickly as possible. The code sets out five principles: * That children with SEN should have their needs met * That their needs will normally be met in mainstream schools * That the views of children should be sought and taken into account * That arents have a vital role to play in supporting their children’s education * Those children with SEN should be offered full access to a broad, balanced and relevant curriculum in the foundation stage and later years. The Code sets out guidan ce on policies and procedures aimed at enabling pupils with SEN to reach their full potential, to be included fully in their school communities and make a successful transition to adulthood. It recommends that schools adopt a graduated approach to match provision to children’s SEN so that, where necessary, increasingly available specialist expertise can respond to a child’s individual needs if they do not make adequate progress.The Code also provides advice on carrying out statutory assessment of a child’s SEN and of making and maintaining a statement of SEN for children with severe and complex needs, this would include carrying out annual reviews of statements and planning for young people with SEN when they make the transition to college, training and employment. The Code emphasises the importance of involving children and parents in decision-making and of effective multi-agency, to combine services around the needs of the children and their families. List and explain the broad content of the LEA and school SEN policies. The responsibility of the LEA in respect of SEN is to: Natalie Levy Student no: SH34604/DLC Assignment no: 6Page no: 7 * Plan its overall special educational provision and review it periodically * Assess those pupils whose special needs may require a Statement of SEN * Ensure that the provision specified in the Statement of SEN has been made available * Initiate annual reviews of every Statement of SEN * Monitor the performance of its maintained schools and Support Services * Identify, assess and make provision for all pre-school children who may have special educational needs The LEA also has a duty to consult with schools, Health and Social Services and voluntary organisations over its SEN Policy, which it must publish and keep under review.Regulations require that the LEA must publish information on the arrangements they make for children with SEN in general. The policy covers all pupils and young people between the a ges of 0 – 19 who may/will experience some form of difficulty in their learning which may arise from a variety of factors, including those relating to the pupil or young person themselves, their learning environment and their social environment. The policy model has three key elements: * Philosophy – Relevant basic details. * Principles – Broad guidelines. General statements derived from the beliefs which can be interpreted by policy users to guide. * Procedures – Practical details.Operating routines and actions derived from the principles which cover the most common areas of policy application or critical events. Updating of the policy and evaluation of its implementation will be undertaken through annual review by the LEA’s SEN Management group, with due reference to SEN initiatives contained within the Education Development Plan and associated planning documents. The school SEN policy is a document that gathers together, in one place, all LEA gu idance and information on all aspects of special needs and inclusion. This includes Special Educational Needs and also many other issues to do with the management of inclusion in schools. It is intended as a management tool for senior managers in schools as well as SENCOs.The framework for the Special Educational Needs policy is provided by: * The United Nations convention on the Rights of the Children (Salamanca Statement) * The Children Act 1989 * The 1994 Special Educational Needs Code of Practice (revised 2002) * The Disability Discrimination Act 1995 * The Education Act 1996 * Key DfEE regulations and circulars on the organisation of special educational needs * The Green Paper â€Å"Excellence for All† 1997 and the DfEE Programme of Action 1998 * The Schools Standards and Framework Act 1998 * The Human Rights Act 1998 * The SEN Code of Practice (Draft) 2000 * The â€Å"Quality Protects† Management Action Plan * The SEN and Disability Act 2001 Natalie Levy Student no: SH34604/DLCAssignment no:6 Page no: 8 TASK 19 – Research the responsibilities of all teaching and support staff for learners with special educational needs in a local school to you. Responsibilities and roles of staff/agencies from the school in which I am based. Class teacher: * Should always be aware of any children who are already on the SEN register. * Make sure time is made available for Termly and Annual Reviews. * Attend INSERVICE training. * Attend regular meetings with the SENCO. * Take account of different needs when planning. * Take into account the feelings of, wishes and knowledge of parents. * Maintain a class SEN file which is to be stored securely. Maintains confidentiality at all times. * Seek advice from the SENCO on strategies which might be used to help the pupil. Teaching Assistants/Learning Support Assistants: * Work on a one-to-one basis where necessary. * Allocated time to work with children at School Action and School Action Plus. * Attend INSERVI CE training. * Attend regular meetings with the SENCO. * Have a minimum of 20 hours per week to support children with SEN. SENCO: * Provide professional guidance to staff with the aim of providing high quality teaching. * Has an overview of provisions made for pupils with SEN. * Liaises with teachers, TA’s and multi-agencies when necessary. Ascertains which stage each child is operating at and reviews when appropriate. * Keeps an updated confidential register. * Arranges review meetings with parents/teachers. * Updates teachers on SEN children and explores/discusses current initiatives. * Responds to specific requests from teachers and other multi-agencies * Visit nursery, pre-schools and secondary schools to help with integration when moving in or on from our school. * Store SEN information securely and in an orderly fashion ensuring easy access. * Share information with the Head Teacher/teachers/TA’s where appropriate. Educational Psychologists: * Performs formal psy chological testing. Assess results and determine whether a child has special educational needs. * Give advice to teachers/TA’s in relation to particular pupils (requested through the SENCO) * Runs INSERVICE training on particular needs. * Carries out intervention work such as counselling, behaviour management and student study skills. Natalie Levy Student no: SH34604/DLC Assignment no: 6 Page no: 9 Speech and Language Therapist: * Assesses the extent of the problem. * Makes a diagnosis of the problem. * Liaises with the SENCO/teacher/parent on the best programme of care for the child. School Nurse: * Carries out various hearing/sight tests. * Inform staff in the school setting of any particular health requirements. Trains staff if injections or other medical procedures are required. * Consult/refer to a doctor if they think other professional may be required in the care of the child. Peripatetic Teacher/Support Worker: * Assess and test the child. * Offer advice and guidance to teachers/TA’s. * Advises on specialist equipment when/if needed. In the school setting where I am the school will also contact other settings who offer OUTREACH services if there is a need. Outline the purpose and use of at least two different resources and two pieces of specialist equipment for learners with special educational needs that might be available in schools. Pupils with poor vision may have difficulty in using a normal computer.However there are a number of techniques that can be applied to assist pupils. Touch typing skills often make it possible to use a computer more effectively. They are particularly valuable for partially sighted and blind computer users as they remove the need to constantly look between the keyboard and the screen. Drills are used to practice each key and sequence of keys until the whole alphabet is covered. Large print keyboard stickers will help a pupil identify where the keys are, they are a learning tool rather than something to be re lied upon. These are available in different colours and styles. Many people with no usable vision, may find it useful to operate their computer by voice (known as voice in-voice out).The users speak and the software recognises what was said and types it into the computer. This means that: * Words are correctly spelled. * The user’s flow is not interrupted by having to stop and worry about spelling. * The need to type or hand write is removed – this is also helpful if the user is also dyspraxic. Speech output is also used. This means the user does not need to be able to see the screen to use a computer. Software called a screen-reader can intelligently send all information to a voice synthesiser such as what is being typed, what has been typed and menu options. Natalie Levy Student no: SH34604/DLC Assignment no: 6 Page no: 10Pupils with very poor motor skills will often struggle with normal computers as well. They may find it hard to relate the movement of their hand on the mouse to the movement of the cursor on screen. In these instances it may be that a trackball or joystick is easier to use. A normal keyboard has over 100 keys and can sometimes be very confusing to the user; again key stop stickers could be used. Lowercase keyboards can be used (a standard keyboard but in lower case only) and also overlay keyboards (touch sensitive membranes which slide over the top of a normal keyboard and determine the functions of the keyboard). All of the above are available in the setting where I am and make it easier for the user.They feel confident using computers and can also join in mainstream ICT lessons. Explain the contents and purpose of an individual education plan and explain how a teaching assistant could contribute towards achieving its aim. The Individual Education Plan (IEP) is a planning, teaching and reviewing tool. It should support the process of planning intervention for an individual pupil with SEN. IEPs should be teaching and learning plans setting out â€Å"what, â€Å"how† and â€Å"how often† particular knowledge, understanding and skills should be taught through additional or different activities from those provided for all pupils through the differentiated curriculum.Wherever possible pupils should be involved in setting their own targets for the IEP, in agreeing and implementing appropriate strategies and evaluating the outcomes. IEPs should: * Raise achievement for pupils with SEN * Be seen as working documents * Use a simple format * Detail provision additional to or different from those generally available for all pupils * Detail targets which are extra or different from those for most pupils * Be jargon free * Be comprehensible to all staff and parents * Be distributed to all staff as necessary * Promote effective planning * Help pupils monitor their own progress * Result in good planning and intervention by staff * Result in the achievement of specified learning goals for pupils with SEN IEPs should focus on: Up to three or four key individual targets set to help meet the individual pupil’s needs and particular priorities * Targets should relate to key areas in communication, literacy, mathematics and aspects of behaviour or physical skills * The pupil’s strengths and successes should underpin targets set and the strategies used Though not included in the IEP teachers should always refer back to the pupil’s Individual Pupil Record to get information on their baseline or entry level assessment as well as information about the pupil’s particular needs and current strengths. This profile should also include information regarding the pupils needs in relation to general strategies such as: Natalie Levy Student no: SH34604/DLC Assignment no: 6 Page no: 11 * The short-term targets set for or by the pupil * The teaching strategies to be used * The provision to be put in place * When the plan is to be reviewed * Success and/or exit criteria * Out comes (to be recorded when IEP is reviewed) Success criteria in an IEP means that targets have been achieved and new targets need to be set, whilst exit criteria means that not only have targets been achieved but that an IEP may no longer be required.Teachers should always aim to talk to pupils about their IEPs in a quiet place away from the rest of the class. A teaching assistant can contribute towards achieving the IEP aims by: * Providing a positive caring and learning environment that promotes improved self esteem and confidence * Supporting the child on a one-to-one basis in the area of disability e. g. reading, writing * Providing a quiet place to work * Keeping instructions direct and simple, one at a time. Repeating and rephrasing instructions where necessary * Providing visual cues and peer mentoring * Providing consistent and ongoing clarification * Teaching the child â€Å"strategies† not just facts Reducing working time and expectations initially to ensure the chi ld is successful * Trying to ensure that there is a good partnership between home and the school setting and keeping parents informed as to how they can support their child at home. Describe how you might carry out a case study for a learner with special educational needs and what information it should contain. To carry out a case study for a learner with special educational needs the objective is to portray: * How the learner’s needs are identified * The learning experiences and provisions in place for them * The levels of satisfaction, appropriateness and challenge for the learner * The learning impacts and outcomes for themIn a case study I would need to conduct a range of interviews with: * The individual learner (except in the case of a very young person) * Relatives or friends who might have a perspective on the learners experience and development * Those directly providing the learning opportunities at an operational level (tutors, teachers etc) this would usually incl ude local authority representatives. Questions I may need to ask are: * How are the learner’s needs identified and what learning experiences are in place for them? * Are the learner’s satisfied and challenged? * What are the learning impacts and outcomes for them? Natalie Levy Student no: SH 34604/DLC Assignment no: 6 Page no: 12Where a pupils’ learning has been supported, helped or promoted by local authorities already, my report should identify the nature of the learning experiences, the outcome derived by the individual learner, the factors contributing to the effectiveness of the learning opportunity and key factors that contributed to the success. Alternatively, where a pupil has not been supported, helped or promoted I should include in the report the key factors and barriers affecting achievement. My report should draw out key messages for local authority staff, schools and other organisations and individuals concerned with successful learning. In short a case study should include: * The relevant characteristics of the learner * How his/her learning needs were identified, or the learning opportunities were accessed * Standard of achievement * Quality of access to curriculum * Support available Quality and effectiveness of support * How well providers work in partnership * Barriers that prevent the learner accessing appropriate curriculum and support * Key factors and barriers affecting the achievement in these outcomes * Progress made * Examine and illustrate the distinct role and contribution of the local authority leadership in promoting and ensuring learning * Key issues for action * The next steps or future developments both for the learner and local authority and other providers who may be involved. Design a brief that could be used to advise school staff of the guidelines in confidentiality in an imaginary school. See attached document.

Example of a Bad Academic Dismissal Appeal Letter

If youve been dismissed from your college or university because of poor academic performance, its only natural to feel embarrassed, angry and defensive. You may feel like youve let down your parents, your professors, and yourself. Because a dismissal can be so humiliating, many students try to place the blame for the low grades on anyone but themselves. After all, if you view yourself as a good student, then those Ds and Fs cant be your fault. However, to make a successful academic dismissal appeal, you need to take a long hard look in the mirror. While many factors can contribute to academic failure, that person in the mirror is the one who got the low grades on those papers, exams, and lab reports. The person in the mirror is the one who didnt attend class or failed to turn in assignments. When Brett appealed his academic dismissal, he did not own up to his own blunders. His appeal letter is an example of what not to do. (see Emmas letter for an example of a well-written appeal) Bretts Academic Dismissal Appeal Letter To Whom It May Concern:I am writing because I would like to appeal my dismissal from Ivy University for poor academic performance. I know my grades were not good last semester, but there were a lot of circumstances that were not my fault. I would like to encourage you to reinstate me for next semester.I work really hard at my schoolwork, and I have since high school. My grades dont always reflect my hard work, though, and I sometimes get low grades on tests and essays. In my opinion, my math professor was not clear about what would be on the final, and did not give us notes to study from. His English is also really bad and made it hard to understand what he was saying. When I emailed him to ask what I made on the final, he did not reply for several days, and then just told me I should come by to pick up the exam without emailing me my grade. In my English class, I think the professor just did not like me and several of the guys in class; she made a lot of sarcastic jokes that were no t appropriate. When she told me to take my essays to the Writing Center, I did, but that just made them worse. I tried to revise them on my own, and I worked really hard, but she would never give me a higher grade. I dont think anybody made an A in that class.If I am allowed to come back to Ivy University next fall, I will work even harder and maybe get a tutor for the classes like Spanish that I was struggling with. Also, I will try to get more sleep. That was a big factor last semester  when I was tired all the time and sometimes nodded off in class, even though one reason I didnt get sleep was because of the amount of homework.I hope you will give me a second chance to graduate.Sincerely,Brett Undergrad Critique of Bretts Academic Dismissal Appeal Letter A  good appeal letter  shows that you understand what went wrong and that you are being honest with yourself and the appeals committee. If your appeal is to succeed, you must show that you take responsibility for your low grades. Bretts appeal letter fails on this front. His first paragraph sets the wrong tone when he states that many of the problems he encountered were not my fault. Immediately he sounds like a student who lacks the maturity and self-awareness to own up to his own shortcomings. A student who tries to place blame elsewhere is a student who is not learning and growing from his mistakes. The appeals committee will not be impressed. Working Hard? It gets worse. In the second paragraph, Bretts claim that he works really hard sounds hollow. How hard is he really working if he has just failed out of college for low grades? And if he is working hard but getting low grades, why hasnt he sought out help in assessing his learning difficulties? The rest of the paragraph actually suggests that Brett does  not  work hard. He says his math professor was not clear about what would be on the final and did not give us notes to study from. Brett seems to think he is still in grade school and he will be spoon fed information and told exactly what will be on his exams. Alas, Brett needs to wake up to college. It is Bretts job to take notes, not his professors job. It is Bretts job to figure out what information has received the most emphasis in class and is, therefore, most likely to be on exams. It is Bretts job to work hard outside of the classroom so that he has mastery over all of the material covered throughout the semester. But Brett is not done digging himself into a hole. His complaint about his instructors English sounds petty if not racist, and the comments about receiving his grade over email is irrelevant to the appeal and shows laziness and ignorance on Bretts part (because of privacy issues and FERPA laws, most professors will not give out grades over email). When Brett talks about his English class, he again looks to blame anyone but himself. He seems to think that taking a paper to the Writing Center will somehow magically transform his writing. He seems to think that a feeble effort at revision represents hard work deserving of a higher grade. When Brett complains that she would never give me a higher grade, he reveals that he thinks grades are given, not earned. Its Not the Professors Job to Like You Bretts claim that the professor didnt like him and made inappropriate comments raises a couple of issues. Professors arent required to like students. Indeed, after reading Bretts letter, I dont like him very much. However, professors should not let their fondness or dislike of a student affect their evaluation of the students work. Also, what was the nature of the inappropriate comments? Many professors will make snide comments to students who are slacking off, not paying attention, or being disruptive in some way. However, if the comments were in some way racist, sexist or in any way discriminatory, then they are indeed inappropriate and should be reported to the professors Dean. In Bretts case, these vague accusations of inappropriate comments sound as if they belong in the former category, but this is an issue the appeals committee will want to investigate further. Weak Plans for Future Success Finally, Bretts plan for future success sounds weak. Maybe  get a tutor? Brett, you need a tutor. Get rid of the maybe and act. Also, Brett says that homework was one reason he didnt get enough sleep. What were the other reasons? Why was Brett always sleeping through class? How will he address the time management problems that have left him exhausted all the time? Brett provides no answers to these questions. In short, Brett has made a losing appeal in his letter. He doesnt seem to understand what went wrong, and he put more energy into blaming others than figuring out how to improve his academic performance. The letter provides no evidence that Brett will succeed in the future. More Tips on Academic Dismissals Jasons Appeal Letter and Critique: Jason was dismissed because of alcohol abuse. See how he appealed his dismissal, with feedback.10 Tips for an In-Person Appeal: You may be able to appeal in-person to the scholastic standards committee. See tips for making the best case.10 Questions You Might Be Asked When Appealing a Dismissal: Be prepared to answer these questions appropriately.