The Context of Behaviour Issues

Describe and discuss the aspects of National legislation which have relevance to behaviour in the learning environment
There are many factors that can affect behaviour in the learning environment; national legislation is put in place to help tutors recognise what is the law and how to reduce this disruptive behaviour in order for learners to reach their full potential.
Organisations have a duty of care. Teachers and lecturers have a professional responsibility to ensure that students feel secure when learning – both physical and psychological safety
Some of the following is legislation in which I will discuss how this has an effect on the learning environment in my subject specialism area Uniformed Public Services.
The Children??™s??™ Act 2004 put into law the multi-disciplinary recommendations of the 2003 Green Paper ???Every Child Matters??? ??“ a report produced by Lord Laming.
The Children??™s Act 2004 was designed with guiding principles in mind for the care and support of children.
These are:
1. Being healthy
2. Staying safe
3. Enjoying and achieving
4. Achieving economic well-being
5. Making a positive contribution

To limit bad behaviour the following steps should be taken into consideration. By being healthy helps maintains the learner??™s healthy way of life in preparation for Public Service and stimulates my learners so they are active and not bored which therefore will not misbehave in the learning environment.
Staying safe, risk assessments created for all enrichment. Health and safety procedures are also briefed. If learners feel sae in the learning environment they will engage and stay focused which in turn will cause less behavioural issues.
If learners are enjoying and achieving and successful learning and achieving takes place learners have no need to disrupt lessons and misbehave
Achieving economic well-being- Students who obtain their chosen qualification stand improved chances of gaining employment within their chosen sector and will know how to act appropriately in the work environment but having the standards set in FE.
Making a positive contribution- Imperative to learning environment otherwise students will not gain adequate knowledge aiding in their careers and feel inadequate in class and therefore disrupt and undermine tutors.

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The Disability Discrimination Act (1985 onwards) gives disabled people the right to employment, education and other services. (L.Wilson 2008:20). This ensures that students receive inclusiveness and equal opportunities to progress with other students. The Disability Discrimination Act (DDA) 1995 aims to end the discrimination that many disabled people face. This Act has been significantly extended, including by the Disability Discrimination Act 2005. It now gives disabled people rights in a range of areas from:
* employment
* education
The Act? requires public bodies to promote equality of opportunity for disabled people. It also allows the government to set minimum standards so that disabled people can use public transport easily.
In order that a disabled student can be included fully into the class it is important to understand what they are able to do without help and then to adapt lessons to enable them to participate in the whole lesson. Maslow??™s Hierarchy of Needs (1943, 1954) identifies five levels of need, each of which has to be satisfied before the next level becomes a motivating factor.
This can also impact Hertford Regional College due to the fact it needs to provide an establishment where learning can take place that everyone can access.
If students do not feel safe then effective learning is difficult. Feeling of sexual, racial or homophobic disadvantages will affect classroom performance. accessed Nov 2010

By ensuring that the learners physiological and safety needs are first met then it adds to their sense of belonging, knowing that their social needs have been addressed. This, in turn, will help to achieve the upper part of Maslow??™s pyramid of needs. This again makes the leaner feel equal and will hopefully cause them not to disrupt in the learning environment due to frustration and not feeling included.
With a group that has a mix of abilities it is useful to plan for differentiation (VAK) in order to keep the interest of those with greater knowledge as well as keeping the interest of the less able learners. Pairing students of different abilities so that one can mentor the other will often keep interest, both benefitting from the task.
Sex and Gender The equality Act (2010)
???All students must feel that they are positively and equally valued and accepted, and that their efforts to learn and recognised and judged without bias??™ Petty P81
There should be no discrimination against any pupil on the grounds of race, sex, disability, sexual orientation, religion or belief.
There should be no discrimination (direct or in direct) in recruitment, allocation to courses, assessment, the application of college rules and regulations, disciplinary processes, the provision of course experiences such as visits or work experience and the allocation of resources and facilities.

This is relevant to my learners due to the very common stereotyping such as police man and fireman. It must be reinforced that every person is now equal and that they are officially known as police officers and fire fighters. This can produce lively debates and can sometimes have a negative input on the learning environment due to boisterous males.

Every learner must be asked at least one question to keep them engaged throughout therefore minimizing disruptive behaviour. Pictures used on power points must include females and BME role models to make all learners feel included. If this is not done learners can sometimes feel isolated and therefore disrupt and misbehave to hide this.
Health and Safety at Work Act 1974
The Health and Safety at Work Act 1974 also referred to as HASAW or HSW is the primary piece of legislation covering occupational health and safety in the United Kingdom. The Health and Safety Executive is responsible for enforcing the Act and a number of other Acts and Statutory Instruments relevant to the working environment.

If a learner does not feel safe and comfortable in their learning environment they will not be achieving their full potential. This could then make the learners somewhat disheartened and bored and therefore disrupt a class due to the fact they are not stimulated or safe. Tutors must also risk assess every physical activity and every classroom the learner goes to in order to keep them safe. This applies for trips and visits too.
For example when I take learners off site for a run, I make sure that I have another member of staff present. The activity is appropriately risk assessed; first aid kits are carried along with duty mobiles. All learners are also asked if they have any injuries prior to taking part, and the topographical and climate elements are assessed prior to departing.

Public Law & Order Act 1986 A piece of legislation that can in extreme circumstances be used is the section that is relevant to teaching is section 4 ??”? (1)? A person is guilty of an offence if he:

(a) Uses towards another person threatening, abusive or insulting words or behaviour,
(b) Distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.

This Law has to be the last resort but if a student or member of staff feels threatened it must be considered for others and personal safety.

The Special Educational Needs and Disability Act 2001 (SENDA) introduces the right for disabled students not to be discriminated against in education, training and any services provided wholly or mainly for students, and for those enrolled on courses provided by ???responsible bodies??™, including further and higher education institutions and sixth form colleges.
SEN is a term used to mean Special Educational Needs.? 
A child is considered as having special educational needs if he/she has a learning difficulty which requires special educational provision (that is provision more than the average child) to be made for him/her. Many children have learning difficulties, but the important thing is that:
* The learning difficulty must be significantly greater than the majority of others of the same age. * The disability prevents or hinders him/her from making use of the facilities provided for other childrenThis can affect my learner??™s particularly when it comes to physical activity, and they may feel different and isolated by the group. One particular student is registered disabled, as the college is required to provide learning for all learners regardless of disabilities language barriers and background we are able to combat this. We do this by taking them in to the remedial gym in the sports centre to physically work on other parts of the body that can be exercised. |

Review the policies relevant to managing behaviour in your organisation, identifying areas for improvement where appropriate

The organisational policy I am going review for this task will be that of the Hertford Regional College Disciplinary Procedures. Please see Appendix A for the full documentation.

Geoff Petty quotes about behaviour management ???Make sure you are constantly ???on the beat??™, enforce the rules conspicuously, and be vigilant.??™ Petty P 122

The college policy is very clear that a Stage 2 Disciplinary for Gross misconduct ends up with a final written warning with view the next student behaviour form they student will be excluded pending an investigation.
Within my class this year, students have been put on student learning contracts regarding their behaviour. A particular student ???Student A??™ has been caught on several occasions after being put on a Stage 2 contract verbally bullying other members of the group, undermining and threatening tutors, and showed acts of violence towards other learners and admitted smoking drugs outside college premises after being caught.
However when discussed within the chain of command, I was advised we cannot exclude them for this behaviour as the college would lose funding for this student and it will hit the college statistics.

Student A now knows that they can get away with any type of disruptive behaviour within the learning environment and get away with it, whether it is physical violence or verbal bullying.
This has particularly affected several of my learners due to the harassment and bullying and has seriously impaired their studies and the students are becoming frequently more absent on most days and have set up one to one meeting with me wanting to withdraw from the course. The class dynamics drastically shift when they student A is in lesson and behaviour management is very difficult and trying due to the lack of backing from HRC.
When giving the learner a student behaviour form, see Appendix B, they laugh at it and say ???I know the college won??™t do anything to me so I can do whatever I want. ???
On the behaviour form there is no praise for a student now in which the old ones did but have since been replaced. This can seriously affect learners??™ behaviour as now there is no formal praise on file so their attitude is negative towards learning.

The College policy is not consistent with the actions taken; the way I feel this can be improved is the policy being changed to a zero tolerance stand on acts of physical violence and threats towards staff. This coupled with smoking illegal substances I feel learners should be excluded permanently. The HRC disciplinary appendix clearly states that
???There is zero tolerance of bullying and harassment??™
This however is not the case, I believe that any types of physical violence should result in a permanent exclusion regardless if the college loses funding for that particular learner .The College does offer an option of only excluding that learner for that particular academic year but accepts the learner the following year for re application.
When a learner consistently disrupts the class and all behaviour management techniques have failed coupled with numerous disciplinary procedures upheld against them and shown acts of violence they should be excluded in order for dynamics of the class to change and no re applications should be accepted.
This way other members of the class will feel safe and the behavioural management of the class will also be easier to control and therefore maximum learning can take place.