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