Elementary and secondary schools nationwide are imposing behavior contracts on students at all grade levels. School officials claim that behavior contracts can help students conform to school expectations. But behavior contracts can also prove to be a trap under which the school sets up a student for failure, suspension, expulsion, and referral to an alternative disciplinary placement or boot camp. Retain the Lento Law Firm's premier Student Defense Team if your K-12 student faces behavior contract issues with the school. Call 888.535.3686 or use our contact form now to tell us about your case.
What Is a Behavior Contract?
A behavior contract is an agreement between the school and your student that your student will behave as the school reasonably expects. A contract is a voluntary agreement between two parties with which the parties must comply and that either party can enforce. In a school behavior contract, the student agrees to behave as the written agreement specifies. The behavior contract may include terms with which the parents also agree to comply. In return, the school may agree to maintain the student's participation in the regular classroom and permit the student to continue with enrollment rather than remove, suspend, or expel the student. Your student's teacher may also commit within the behavior contract to certain positive reinforcements for compliant behaviors. The behavior contract then becomes a document upon which each party, you, your student, the teacher, and the school, may rely. A well-written behavior contract typically has these components:
● a list of the behaviors that your student is to increase, decrease, follow, or avoid, best written in positive rather than negative terms, achievable rather than impossible terms, objective and verifiable rather than subjective terms, and in enough detail for everyone to understand;
● the conditions under which the teacher will grant your student a sticker, badge, point, or other token for complying with the behavior contract, and what rights or privileges your student will earn when accumulating tokens;
● a bonus clause for achieving such consistent contract compliance as to demonstrate reformed character, set against a penalty clause for such inconsistent compliance or breach of contract as to demonstrate a failure to reform or retrograde behavior;
● signature and date blanks and other marks and indicia that the parties have considered, voluntarily agreed to, and committed to comply with the behavior contract, ensuring that you and your student understand the opportunity and obligation and that the teacher and school do likewise.
Why Behavior Contracts Are Popular
Properly used, a behavior contract can be a tool that responsible school officials use to help your student conform your student's behavior to the school's reasonable expectations. Behavior contracts are popular because they are supposed to represent positive reinforcement in which the student voluntarily participates. The idea is that if your student gets to consider, negotiate, and approve the contract's terms, your student may be more willing and motivated to comply. Some students rebel against imposed rules and sovereign authority. The idea is for the school to cede some of that authority back to the student to negotiate behavioral terms. A behavior contract can also help the parties think proactively and sensitively about how to resolve your student's behavioral issues. When a student's behavior frustrates everyone, a behavior contract, when properly used, can be a positive rallying point.
What Student Behaviors Does a Behavior Contract Specify?
A behavior contract may specify any student behavior that the teacher and school wish to increase or decrease. Some behavior contracts will incorporate the school's academic integrity policy and student conduct code. However, behavior contracts typically only address, or primarily address, the student's behavioral problems. The teacher may look at how the student is interfering with or avoiding instruction and then list the positive behaviors the student needs to adopt to correct the student's misbehaviors. Typical behaviors seen in behavioral contracts at the K-12 level include:
● timely arrival at school and in classes;
● remaining on school grounds during school hours;
● timely completion of all assignments;
● raising of a hand rather than shouting requests and answers;
● remaining silent and on task during quizzes and exams;
● remaining in line in classrooms or hallways;
● keeping one's hands to one's self;
● respect for the personal property of other students;
● respect for the personal space of other students;
● respect for the reputation and privacy of other students;
● leaving personal electronic devices at home;
● keeping words and gestures respectful;
● keeping electronic messages respectful;
● complying with teacher and staff instructions;
● respecting the school principal and other officials;
● complying with the school's behavior code; and
● complying with the school's academic code.
Which Students Get Behavior Contracts?
In theory, every student in the school could operate, or does operate, under a sort of contract to comply with the school's rules and expectations. However, schools don't generally request behavior contracts for all students or even for high-performing students. Generally, schools use behavior contracts only with students who misbehave and only with students who misbehave so frequently and consistently, despite correction, that the teacher needs a stronger or better tool. If your student faces a request for a behavior contract, you can reasonably believe that the teacher or school regards your student as unusually difficult, requiring more than the usual correction. In the worst case, the school's request for a behavior contract may indicate to you that the school is preparing itself to take further disciplinary action, including removal from the classroom or school.
Can Schools Force Students to Sign Behavior Contracts?
In a word, no. In theory, a behavior contract is supposed to be a positive reinforcement tool that your student voluntarily negotiates and accepts. But in practice, you and your student may have little choice but to agree to a behavior contract. It may be either a contract, a suspension, or a referral for alternative disciplinary placement. And you and your student may have little choice in the contract's terms. The teacher or school may insist on including behaviors about which you do not believe your student needs guidance or correction. The school should not force your student into a behavior contract. Doing so would defeat the contract's positive nature. But school officials can be very persuasive in these situations, especially if they threaten suspension, expulsion, and alternative disciplinary placement.
Behavior Contract Problems
Educators are generally aware of problems that can arise with behavior contracts. Watch out for these problems:
● as just described above, the behavior contract may not be truly voluntary. Your student may instead rightly perceive that the contract is just another school effort to force your student to do things without considering your student's interests, concerns, and objections;
● your student may not believe that the behavior contract's terms are helpful, appropriate, or valuable and may instead consider them to be frustrating, discouraging, or embarrassing;
● the behavior contract may require actions that your student is unable to perform, whether because of developmental issues, disabilities, bullying and harassment by other students, or for other reasons largely or entirely beyond your student's control;
● your student may not have the time and attention to comply with the behavior contract, on top of all the school's other demands, schedules, and requirements with which your student may already be struggling and from which the contract may further distract your student;
● the teacher may not have the time or inclination to consistently follow the contract's reward schedule, thus showing your student that the school lacks commitment to your student's appropriate education, development, and reform, and
● inconsistent use, compliance with, and enforcement of the behavior contract may contribute to the lack of confidence you, your student, the teacher, or the school has in the overall situation.
How Schools May Misuse Behavior Contracts
Another concern is that schools may, unfortunately, sometimes misuse and abuse behavior contracts. In theory, behavior contracts provide a positive path toward student reform and recovery and further student development. However, in practice, some school administrators treat behavior contracts as a last resort before classroom removal and school suspension or expulsion, followed by alternative disciplinary placement. Still worse, some school officials may use the behavior contract to document the grounds for removal, suspension, expulsion, and referral to reform school. Those school officials may already have made up their minds to suspend and expel your student but recognize that they need to better document the grounds. By imposing an unfair and unachievable behavior contract, school officials can then use your student's inability to comply with the contract as grounds for suspension and expulsion. In short, beware of behavior contract motivations and terms. The behavior contract may be setting your student up not for success but for failure.
How Schools Enforce Behavior Contracts
As just indicated, schools often enforce behavior contracts by following their student conduct codes and disciplinary procedures. If, as just suggested, the behavior contract is the school's last-ditch attempt at reforming your student or, worse, the school's deliberate effort to document your student's misconduct, then the next step when your student fails to meet the contract's terms may be disciplinary charges. School, district, and state student conduct codes typically enumerate both specific and broad grounds on which to discipline students up to suspension and expulsion. For instance, state laws and district policies may prohibit weapons, alcohol, drugs, tobacco, gangs, violence, and pornography on school grounds. Violating a behavior contract including these terms could result in suspension or expulsion. However, state laws and district policies often also prohibit disrupting school operations or classroom instruction. And again, violating a behavior contract addressing those issues could establish grounds for suspension or expulsion.
How We Can Help with Behavior Contract Issues
Let us help if your student faces behavior contract issues. Your student may not need a behavior contract at all. Your student's school may have failed to diagnose your student's learning disability, refer your student for evaluation, form an individualized education plan (IEP), and comply with state and federal disability laws by providing the necessary services and accommodations. The school may have failed to protect your student against bullying and harassment, causing your student to act out in response. Your student may instead be facing issues with injury, illness, or changes at home or in student relationships, affecting your student's school behavior. Or your student may just have a personality conflict with a difficult teacher, staff member, or group of students. Whatever the case may be, our attorneys can help you determine the issues and show the school your student's need for other relief outside of a behavior contract.
Defending Behavior Contract Discipline
If, instead, your student's matter has already proceeded to a disciplinary level because of your student's failure to comply with a behavior contract, our skilled and experienced attorneys can help you invoke the school's and district's protective procedures for a fair hearing and best outcome to the disciplinary charges. For instance, if your student has an IEP, then the school must provide a manifestation determination review before making any changes to your student's placement to see how the disability is contributing to the behavioral issues. Even if your student has no IEP, we can help you present exonerating and mitigating evidence at the disciplinary hearing while communicating and negotiating with school, district, and oversight officials for alternative special relief. Don't assume that disciplinary charges must result in discipline. We have helped favorably resolve hundreds of student misconduct cases nationwide without formal discipline on the student's record.
Premier K-12 Student Defense Available
Retain the Lento Law Firm's premier Student Defense Team now if your K-12 student has a dispute with the school over a behavior contract. Get the skilled and experienced attorney representation your student needs to stay on track. Your student's consistent academic progress and clean academic record are worth it. You and your student have laudable ambitions for your student's future education. Preserve those ambitions. Call 888.535.3686 or use our contact form now to tell us about your case.
