Restorative justice in education

Full Title:
Commission on Advancing Restorative Justice in Elementary and Secondary Education Act of 2026

Summary#

This bill creates an interagency advisory commission to develop guidance, definitions, training, and recommendations to advance restorative justice and improve mental and behavioral health supports in K–12 schools, with a focus on students of color. The Department of Education and the Department of Health and Human Services must set up the commission quickly and receive annual reports on its work. The commission would recommend school psychologist-to-student and counselor-to-student ratios, create training materials, and track who participates in restorative practices.

  • Main change: Requires the Secretary of Education, with HHS, to establish an Interagency Advisory Commission on Advancing Restorative Justice in Elementary and Secondary Education within 90 days.
  • The commission must develop definitions of “restorative justice” and “restorative practices,” training materials for school staff, guidelines for tracking which student groups participate in restorative practices, and ratio recommendations for psychologists and counselors.
  • The commission will have up to 13 unpaid members from named federal offices, relevant organizations, experts, and students or family members of students of color.
  • The commission must meet at least seven times after an initial meeting and must submit an annual report (for about five years) and a final report, then terminate 90 days after the final report.
  • The bill does not appropriate specific funding or make the commission’s recommendations mandatory for schools.

What it means for you#

  • Students of color: The commission focuses on reducing disproportionate discipline and improving culturally competent mental health supports. It would recommend practices and staff ratios meant to lower discipline disparities and increase access to counseling.
  • Students with special needs: The commission includes a representative voice for students of color with special education needs and will consider those students when making recommendations.
  • School personnel (teachers, counselors, psychologists): The commission will develop and distribute training materials on restorative practices, bias reduction, cultural competence, and classroom approaches to address behavior without disproportionate discipline.
  • School administrators and districts that receive federal education funds: They would receive definitions, training resources, tracking guidelines, and recommended staff-to-student ratios. The bill does not require districts to adopt them.
  • Federal agencies (Education and HHS): These agencies must set up and support the commission, appoint members from specified offices, and receive the commission’s reports.
  • Members appointed to the commission: Serve without pay but may receive travel expenses and per diem under federal travel rules.

Expenses#

No public cost estimate is provided in the bill text or accompanying material.

  • The bill explicitly allows travel expenses and per diem for members under federal travel rules, so there will be some travel costs.
  • The Secretary may appoint staff to support the commission, which could create personnel costs for the Department of Education (and possibly HHS).
  • Members will serve without pay, which reduces direct salary costs for the commission itself.
  • The bill does not authorize specific appropriations. Any costs for implementing recommended psychologist/counselor ratios or for schools adopting new practices are not estimated in the bill.
  • It is unclear whether existing federal program funds would be used to support implementation at local schools.

Proponents' View#

  • The bill appears intended to address unequal school discipline and improve supports for the mental and behavioral health of students of color.
  • It aims to create clear, shared definitions and training so school personnel use consistent restorative practices.
  • The commission would produce recommended psychologist-to-student and counselor-to-student ratios to help lower caseloads and expand access to mental health services.
  • The bill emphasizes culturally competent training and tracking participation to reduce bias and disproportionate discipline.
  • Creating an interagency commission could coordinate efforts across Education and HHS and collect evidence to guide future policy.

Opponents' View#

  • One concern is that the bill does not provide dedicated funding for the commission or for schools to implement its recommendations; this may limit practical impact.
  • The commission’s recommendations are not mandatory. It is unclear whether school districts would be required or funded to follow ratio or practice guidance.
  • The bill gives few details on how success will be measured or what specific data will be collected beyond tracking participation groups.
  • Administrative costs and staff time for Education and HHS to run the commission are not estimated.
  • The commission is limited to 13 members and may exclude other local or community voices; it is unclear how broadly representative or how much field testing of materials will occur.