H.R. 8360

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8360 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8360

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

April 16, 2026

Mrs. Watson Coleman (for herself, Ms. Lee of Pennsylvania, Ms. Sewell, 
Ms. Tlaib, and Ms. Bonamici) introduced the following bill; which was 
referred to the Committee on Education and 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 2026''.

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 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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