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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10189 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10189

  To authorize the Secretary of Education, in collaboration with the 
  Secretary of Health and Human Services, to establish an interagency 
advisory Commission on Advancing Restorative Justice in Elementary and 
              Secondary Education, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 20, 2024

Mrs. Watson Coleman (for herself, Ms. Lee of Pennsylvania, Mr. Jackson 
of Illinois, Mr. Frost, Mr. Thanedar, Ms. Clarke of New York, Ms. Kelly 
  of Illinois, Ms. Tlaib, and Mr. Carter of Louisiana) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL

 
  To authorize the Secretary of Education, in collaboration with the 
  Secretary of Health and Human Services, to establish an interagency 
advisory Commission on Advancing Restorative Justice in Elementary and 
              Secondary Education, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Advancing Restorative 
Justice in Elementary and Secondary Education Act of 2024''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Students of color often experience harsher disciplinary 
        measures and greater barriers to educational opportunities due 
        to racial and gender biases embedded into school codes of 
        conduct, discipline policies, and dress code policies.
            (2) Racial and gender biases in school discipline practices 
        and limited requirements in educator preparation and 
        professional development all influence how school personal 
        react to behavior by students of color.
            (3) Improved and increased opportunities for culturally 
        competence professional development programs can help teachers 
        and related school personnel more effectively respond to 
        student behavior misbehavior and thereby decrease the disparity 
        between how Black and White students are disciplined.
    (b) Purpose.--The purposes of this Act are the following:
            (1) To support the mental and behavioral health of students 
        of color.
            (2) To increase capacity for providing mental health 
        support and counseling services that are accessible, culturally 
        competent, and responsive to the needs of students of color.
            (3) To provide recommendations on universal school 
        psychologist-to-student ratio and Counselor-to-student ratio to 
        ensure evidence-based healthy school climate interventions, 
        accessible mental health support, program evaluation, and 
        teacher consultation.
            (4) To codify restorative-level practices that create 
        equitable learning environments, developmental relationships, 
        and build academic engagement.

SEC. 3. INTERAGENCY ADVISORY COMMISSION ON ADVANCING RESTORATIVE 
              JUSTICE IN ELEMENTARY AND SECONDARY EDUCATION.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary, in collaboration with the 
Secretary of Health and Human Services, shall establish a commission to 
be known as the Interagency Advisory Commission on Advancing 
Restorative Justice in Elementary and Secondary Education (in this Act 
referred to as the ``Commission'').
    (b) Duties.--The duties of the Commission shall be to--
            (1) create guidelines for elementary schools and secondary 
        schools to track and report the groups of students who most 
        frequently participate in mediation, restorative practices, and 
        other similar practices;
            (2) develop definitions of the terms ``restorative 
        justice'' and ``restorative practices'' to be used by the 
        Department of Education;
            (3) develop and distribute training materials for school 
        personnel that--
                    (A) include practices that align with the 
                definitions developed pursuant to paragraph (2); and
                    (B) provide information on emotional and social 
                disruptions and delays, accountability checks, peer 
                discussions, and other classroom approaches that reduce 
                bias, enhance cultural competency, and allow for 
                critical reflection;
            (4) increase the ability of school personnel to provide 
        mental health support and counseling services that are 
        accessible, culturally competent, and responsive to the needs 
        of students of color; and
            (5) develop and recommend, to elementary schools and 
        secondary schools that receive funds under an applicable 
        program, school psychologist-to-student and counselor-to-
        student ratios that ensure lower caseloads, evidence-based 
        school climate interventions, accessible mental health support, 
        program evaluation, and teacher consultation.
    (c) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of not more than 13 members, appointed not later than 
        90 days after the date of the enactment of this Act by the 
        Secretary, in collaboration with the Secretary of Health and 
        Human Services, as follows:
                    (A) 1 member from each of the following:
                            (i) The Office of Elementary and Secondary 
                        Education of the Department of Education.
                            (ii) The Office of Special Education and 
                        Rehabilitative Services of the Department of 
                        Education.
                            (iii) The Office for Civil Rights of the 
                        Department of Education.
                            (iv) The Office of Early Childhood 
                        Development of the Department of Health and 
                        Human Services.
                            (v) The Office of Child Supportive Services 
                        of the Department of Health and Human Services.
                            (vi) The White House Initiative on 
                        Advancing Educational Equity, Excellence, and 
                        Economic Opportunity for Black Americans.
                            (vii) An organization that represents 
                        restorative justice and the behavioral health 
                        of young students of color.
                            (viii) An organization that advocates for 
                        mental health services and suicide prevention 
                        in elementary schools and secondary schools.
                            (ix) An organization representing secondary 
                        and postsecondary students of color with 
                        special education needs.
                            (x) An organization representing 
                        psychological and counseling directors at 
                        elementary schools and secondary schools.
                    (B) 1 member who is a scholarly expert and 
                practitioner in the areas of schooling experiences of 
                students of color and equity and school discipline 
                reform.
                    (C) 2 members who are--
                            (i) students of color; or
                            (ii) family members of such students.
            (2) Chairperson; vice chairperson.--The Chairperson and 
        Vice Chairperson of the Commission shall be selected from among 
        the members by the Secretary.
            (3) Rates of pay.--Members shall serve without pay.
            (4) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code.
    (d) Meetings.--
            (1) Initial meeting.--The Commission shall meet not later 
        than 60 days after the appointment of the members of the 
        Commission under subsection (c).
            (2) Additional meetings.--After the initial meeting 
        required under paragraph (1), the Commission shall meet no 
        fewer than 7 times at the call of the Chairperson.
    (e) Staff.--The Secretary may appoint personnel as the Secretary 
considers appropriate.
    (f) Reports.--
            (1) Annual reports.--Not later than 1 year after the date 
        on which all members are appointed under subsection (c), and on 
        an annual basis for each of the 4 years thereafter, the 
        Commission shall submit to the Secretary, the Secretary of 
        Health and Human Services, the Committee on Health, Education, 
        Labor, and Pensions of the Senate, and the Committee on 
        Education and the Workforce of the House of Representatives a 
        report on the progress of the Commission, including--
                    (A) a summary of the information gathered pursuant 
                to carrying out the duties described in subsection (b), 
                including any conclusions reached from such 
                information;
                    (B) a description of how the training materials 
                developed under subsection (b)(3)--
                            (i) were distributed by the Commission, 
                        including with respect to how such distribution 
                        focused on students of color; and
                            (ii) increased the cultural competence of 
                        school personnel and reduced disproportionate 
                        discipline of students of color, as compared to 
                        before the distribution of such materials;
                    (C) a description of the efforts taken to increase 
                the ability of school personnel to provide the mental 
                health support and counseling services described in 
                subsection (b)(4); and
                    (D) a description of the steps taken to--
                            (i) increase the capacity of school 
                        psychologists and counselors in the ways 
                        described in subsection (b)(5); and
                            (ii) reduce disproportionate discipline.
            (2) Final report.--The final report submitted under 
        paragraph (1) shall include, in addition to the information 
        required under such paragraph, the final findings, conclusions, 
        and recommendations of the Commission.
    (g) Termination.--The Commission shall terminate 90 days after 
submitting the final report described in subsection (f)(2).
    (h) Definitions.--
            (1) Applicable program.--The term ``applicable program'' 
        has the meaning given such term in section 400(c) of the 
        General Education Provisions Act (20 U.S.C. 1221(c)).
            (2) ESEA terms.--The terms ``elementary school'', 
        ``secondary school'', and ``Secretary'' have the meanings given 
        such terms in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
                                 <all>
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