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.

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).