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Legal Perspectives

Behavioral Contracts: a Good Non-Judicial Tool or Just Another Pitfall

by Tom Rose

During my research into non-judicial approaches to promoting good juvenile behavior, I discovered a tool which is currently very popular nationwide. Is this an appropriate tool in Wyoming? The findings are mixed and I'll share what I found on both sides of the issue.

The tool is a behavioral contract and it is being used in schools and other communities to reduce and even eliminate problem behaviors ranging from chronic truancy to generally disruptive behavior. According to the parent and teacher resources at Intervention Central:

The behavior contract is a simple positive-reinforcement intervention that is widely used by teachers to change student behavior. The behavior contract spells out in detail the expectations of student and teacher (and sometimes parents) in carrying out the intervention plan, making it a useful planning document. Also, because the student usually has input into the conditions that are established within the contract for earning rewards, the student is more likely to be motivated to abide by the terms of the behavior contract than if those terms had been imposed by someone else.

That may sound simple to anyone who has never wrangled students in a classroom or other environment but there are a few key components that can literally make the difference between an effective tool and a counterproductive disaster.

One key factor is student involvement. Several scholarly studies including this one have indicated high success correlated with direct student involvement.

Another critical factor is the positive reinforcement. Younger kids can be rewarded with a game or recess or even a snack or group reward but for teenagers in a high school setting the reward or positive reinforcement rapidly becomes problematic.

Think about truancy. The student has already indicated by his or her behavior that he or she does not want to be in school. The possibility of a game, playground session or cookie changing that student's mind is low. With that reality comes the unpleasant fact that school districts are implementing these contracts anyway. So the school or class has a quasi-legal document with the student's signature promising that he or she will stop the undesired behavior with the understanding that if they do not, bad things will happen like criminal charges or even removal from their parents' custody.

I would love to be able to say that my interpretation is extreme. However, a recent publication from the national Office of Juvenile Justice and Delinquency Prevention indicates that the current interpretation of truancy and other behavioral issues includes frightening components such as an assumption of inadequate parenting. Please don't take my word for it, explore it yourself and see if you feel that this federally funded organization has your parental rights in mind.

Back to our consideration of these behavioral contracts which have so-called "positive" outcomes for Johnny or Keisha if he or she behaves and only punishment if they fail. In actual contract terms this is what is known as a "unilateral contract" because all of the performance is expected from one party. Unlike a legally enforceable unilateral contract, though, schools and communities executing these contracts are literally not promising anything to the kid except lack of bad things. This does not seem right to me.

Another voice in juvenile advocacy expresses other reservations on the use of behavioral contracts for student misbehavior. At the site Smart Classroom Management the authors point out some other key problems in the use of contracts.

Anytime you treat difficult students differently than everyone else—by applying a different set of rules, incentives, and consequences—you're communicating to them that they're different, that they can't control themselves like normal students and thus need special attention. It becomes who they are, a self-fulfilling prophecy. And children will always behave congruent with whatever label they're given.

As a juvenile advocate I find myself frequently frustrated that the reality of life experience for these kids is so laden with threats and so lacking in promises or opportunities.

Another online resource offers some potential for the limited use of behavioral contracts for specific students and situations and with expiration of the contract after a certain period of time. The site of the National Center for School Engagement turns the issue around to attempt to recreate the intrinsic motivations for students to not only attend school but to: "integrate the three A's necessary for school success; Attendance, Attachment, and Achievement"

Behavioral contracts appear to be a potentially powerful tool which could replace the criminal justice system for behavior such as truancy and other status offenses. The misuse of contracts could, however positively reinforce exactly the problem behavior we're intent on preventing. What every citizen can do is to stay engaged and stay informed and together we can keep strengthening our Wyoming communities from within.

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1740 H Dell Range Blvd. #274
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Phone: (307) 632-7020