,,ii #aagth ,,congress #b;d ,session ,s4 #cigc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ca1 #bjbb ,mr4 ,bennet introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to help local educational agencies replace zero-tolerance disciplinary policies and punitive discipline in elementary and secondary schools with restorative practices4 #a4 ,short title ,this ,act may be cited as the ,restorative ,practices in ,schools ,act of #bjbb4 #b4 ,purpose ,the purpose of this ,act is to help local educational agencies replace zero-tolerance disciplinary policies and punitive discipline in elementary and secondary schools with restorative practices that-- 7#a7 provide an intentional approach to school safety and student well-being that addresses the needs of the whole child2 7#b7 recognize student behavior as a result of underlying need1 and childhood emotional and behavioral development2 7#c7 build community and repair relationships while developing students' proactive skills for conflict resolution1 communication1 problem-solving1 and empathy2 7#d7 reduce undesirable behavior2 and 7#e7 promote relationship-centered schools and safe1 inclusive learning environments with positive school climates4 #c4 ,definitions ,in this ,act3 7#a7 ,,esea ,terms ,the terms elementary school1 evidence-based1 local educational agency1 parent1 professional development1 school leader1 secondary school1 ,secretary1 specialized instructional support personnel1 and other staff have the meaning given those terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,program personnel ,the term program personnel means-- 7,a7 any agent of a local educational agency1 including an individual who is employed by a local educational agency1 or who performs services for a local educational agency on a contractual basis1 including-- 7i7 school leaders2 7ii7 educators2 7iii7 specialized instructional support personnel2 7iv7 paraprofessionals2 or 7v7 other staff2 and 7,b7 a school-based law enforcement officer4 7#c7 ,restorative practices ,the term restorative practices means evidence-based practices that-- 7,a7 acknowledge and honor the dignity of students2 7,b7 are proactive approaches that teach and build community1 empathy1 and accountability school-wide to reduce and discourage undesirable student behavior2 7,c7 improve school climate1 elevate students' voices1 and strengthen all relationships in a school community2 7,d7 may include-- 7i7 strategies such as restorative dialogue1 informal conferencing1 proactive circles1 and responsive circles2 7ii7 reactive strategies that address conflicts1 individual incidents1 and classroom-wide issues2 and 7iii7 formal conferences1 reintegration circles1 and circles of support and accountability to cultivate empathy and repair harm2 and 7,e7 do not include mediation or school-based mediation to address bullying1 harassment1 or other forms of discrimination4 7#d7 ,school-based law enforcement officer ,the term school-based law enforcement officer means any person1 sworn or unsworn1 who-- 7,a7 is assigned by the employing law enforcement agency to a local educational agency or school1 who is contracting with a local educational agency or school1 or who is employed by a local educational agency or school2 7,b7 7i7 has the power to detain1 arrest1 issue a citation1 perform a custodial investigation1 or refer a person to criminal or juvenile court2 or 7ii7 is considered under ,state law to meet the definition of law enforcement2 and 7,c7 includes an individual referred to as a school resource officer1 school safety agent1 or a school police officer1 if that individual meets the definition in subparagraphs 7,a7 and 7,b74 7#e7 ,school to prison pipeline ,the term school to prison pipeline means the use of discipline practices such as zero-tolerance policies that funnel students out of school and toward the juvenile legal and criminal legal systems4 7#f7 ,subgroup of students ,the term subgroup of students has the meaning given that term in section #aaaa7;c77#b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;c77#b774 #d4 ,grant program 7a7 ,in ,general ,the ,secretary of ,education shall award grants1 on a competitive basis1 to local educational agencies to enable those local educational agencies to implement and sustain restorative practices for elementary and secondary schools and to replace existing punitive models1 in accordance with subsection 7d74 7b7 ,applications 7#a7 ,in ,general ,local educational agencies desiring a grant under this section shall submit an application at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including-- 7,a7 information about-- 7i7 the number of students served by that local educational agency who are in contact with the juvenile legal system at the time the application is submitted2 7ii7 the percentage of residents living in the area served by the local educational agency who are in contact with the legal justice system at the time the application is submitted2 7iii7 the percentage and number of residents living in the area served by the local educational agency who are admitted to correctional facilities each year2 7iv7 the percentage and number of residents living in the area served by the local educational agency who are on probation1 parole1 or any other form of community-based supervision at the time of the application2 and 7v7 the percentage or number of students served by the local educational agency who-- 7,i7 received one or more in-school suspensions2 7,,ii7 received one or more out-of-school suspensions2 7,,iii7 were expelled because of zero-tolerance policies2 7,,iv7 were referred to a law enforcement agency or official2 7,v7 were arrested for school-related activity2 or 7,,vi7 received corporal punishment2 7,b7 demographic information that shows evidence that the community served by the local educational agency is disproportionally impacted by the legal justice system or that marginalized subgroups in that community are disproportionally impacted by the legal justice system2 7,c7 documentation of meaningful community engagement and stakeholder interest in establishing or expanding restorative practices at the local educational agency or schools served by the local educational agency1 including engagement and interest of teachers' unions and organizations1 school leadership parent-teacher associations1 student councils1 and not less than #a advocacy organization for each subgroup of students1 and which may include other relevant groups2 7,d7 a plan to implement evidence-based1 restorative1 equitable1 and non-discriminatory school discipline practices that improve the climate of the local educational agency and that meet the requirements of subsection 7c72 7,e7 the number and percentage of exclusionary discipline practices implemented by the local educational agency1 including suspensions and expulsions1 as a whole and disaggregated by student subgroup1 students experiencing homelessness1 and students who are children and youth in foster care2 7,f7 an assurance that the local educational agency will meet the requirements described in subsection 7c72 and 7,g7 a description of whether the local educational agency meets the criteria described in subparagraph 7,a7 or 7,b7 of paragraph 7#c74 7#b7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to local educational agencies that-- 7,a7 serve communities that have been disproportionately impacted by the juvenile and criminal legal systems2 7,b7 have disproportionally high rates of grade retention1 suspensions1 and expulsions for certain subgroups of students2 7,c7 serve students in an area that has a high concentration of residents in poverty1 including local educational agencies that are in the highest quartile of local educational agencies in a ranking of all qualified local educational agencies in the ,state ranked in descending order by the number or percentage of children in each agency counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 or 7,d7 serve students in a rural community and need additional staff to support the implementation of restorative practices4 7#c7 ,grant applicant pools ,in awarding grants under this section1 the ,secretary shall evaluate applicants according to the following two distinct applicant pools3 7,a7 ,applicants seeking to implement restorative practices in one or more schools served by the local educational agency for the first time4 7,b7 ,applicants seeking to expand and sustain existing restorative practice programs in one or more schools served by the local educational agency or improve data collection systems under subsection 7d77#d71 as the case may be4 7c7 ,requirements for grant recipients ,in order to receive a grant under this section a local educational agency shall submit an assurance to the ,secretary as part of the application described in subsection 7b7 that the local educational agency will agree to-- 7#a7 hire a full-time employee 7who shall not have academic teaching or administrative duties distinct from the responsibilities described in this paragraph and shall not be a law enforcement officer or a retired law enforcement officer7 whose primary responsibility is to provide training1 professional development1 coaching1 and oversight for restorative practices implementation in the local educational agency or schools served by the local educational agency2 7#b7 fund ongoing restorative practices training1 professional development1 and on-site coaching for all program personnel1 students1 and interested parents2 7#c7 eliminate-- 7,a7 zero-tolerance disciplinary policies at the local educational agency or at all elementary and secondary schools served by the local educational agency2 or 7,b7 the application of these policies to undesirable behavior to the greatest extent possible under ,state law2 7#d7 adopt safety and discipline policies or codes of conduct that-- 7,a7 emphasize ways of maintaining safety that minimize the involvement of law enforcement 7including school-based law enforcement officers and including ,u4,s4 ,immigration and ,customs ,enforcement71 to the greatest extent that is practicable and permitted under applicable ,federal1 ,state1 and local laws2 and 7,b7 eliminate the use of exclusionary discipline policies1 including suspensions and expulsions for undesirable student behavior to the greatest extent permitted by ,federal1 ,state1 and local laws2 7#e7 implement implicit bias1 cultural competence1 and anti-racist training for program personnel2 7#f7 establish policies that limit when law enforcement can be called into schools1 including by-- 7,a7 recognizing the local educational agency as the primary authority responsible for school climate and safety2 7,b7 requiring that school discipline issues be handled by program personnel who are not school-based law enforcement officers1 police1 security officers1 or other law enforcement1 unless there is a real1 immediate1 specific1 and credible threat of serious physical injury to a student1 teacher1 or other member of the school community2 and 7,c7 establishing that school administrators shall have final responsibility and jurisdiction over the building1 the grounds1 and all members of the school community1 to the greatest extent permitted by law2 7#g7 prohibit the issuance of tickets1 summonses1 and referrals of students to the juvenile or criminal legal systems for all school disciplinary matters and school status offenses2 7#h7 provide proper notice and a right of action or appeals procedures for students1 parents1 and guardians involved in school discipline2 7#i7 prohibit the use of metal detectors1 facial recognition software1 and other surveillance technology and approaches2 and 7#aj7 prohibit the sharing of student data 7personal and academic7 with ,federal1 ,state1 or local law enforcement1 ,u4,s4 ,immigration and ,customs ,enforcement1 or other law enforcement1 except as required by law4 7d7 ,uses of grant funds ,a local educational agency shall use grant funds received under this section to support the implementation of restorative practices in elementary and secondary schools served by the local educational agency4 ,funds may be used to carry out one or more of the following activities3 7#a7 ,hiring additional full-time and part-time employees 7including students and parents7 to lead evidence-based1 restorative practices at the district or school level4 7#b7 ,providing anti-racist1 culturally competent1 and linguistically responsive curriculum and material development and training to program personnel4 7#c7 ,providing trauma-informed or healing-centered engagement practice training4 7#d7 ,if not already in place1 developing data collection systems to accurately document behavior incidents as well as school responses to those incidents1 such as restorative circles to support implementation of restorative practices4 7#e7 ,offering robust integrated student supports1 such as wraparound services and social services necessary to address the underlying causes of undesirable student behavior1 including hiring specialized instructional support personnel and related service providers such as psychologists1 counselors1 nurses1 social workers1 paraprofessionals1 conflict resolution staff1 and advisors1 in a manner that is in accordance with-- 7,a7 evidence-based student-educator ratios2 and 7,b7 individual education plan requirements of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq474 7#f7 ,promoting partnerships and local liaisons in order to coordinate with existing social and community-based services and providers to connect youth with trusted and established resources4 7#g7 ,developing and implementing diversion programs for young people in their communities1 such as-- 7,a7 truancy diversion2 7,b7 truancy boards2 7,c7 peer mediation2 7,d7 alternative dispute resolution to reduce referrals to a court-designated worker2 and 7,e7 relationship-centered schools that support strong family and community engagement4 7#h7 ,providing training and professional development for program personnel to identify1 de-escalate1 and otherwise appropriately respond to student trauma and harm4 7e7 ,reporting 7#a7 local educational agency requirements ,not later than #a year after receiving a grant under this section1 and each year thereafter1 each local educational agency that receives a grant under this section shall provide to the ,secretary-- 7,a7 a written assurance that-- 7i7 the local educational agency or schools served by the local educational agency have been notified of and are in compliance with the requirements described under subsection 7c72 7ii7 all program personnel of the local educational agency have received training with respect to such requirements2 7iii7 parents of students enrolled in the local educational agency or served by such local educational agency have been notified of those requirements with respect to the local educational agency based on receipt of the grant2 and 7iv7 the notification required under clause 7iii7 is publicly available on the website of the local educational agency2 and 7,b7 a school climate report1 which shall be publicly available in an easily accessible format on a school or district website1 that includes a description of-- 7i7 the policies and procedures of the local educational agency with respect exclusionary and aversive discipline practices or interventions in the local educational agency or schools served by the local educational agency2 7ii7 how the local educational agency plans to implement1 is implementing1 or has implemented restorative practices and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions in the local educational agency or schools served by the local educational agency2 7iii7 efforts of the local educational agency to ensure all program personnel receive the supports and training necessary to implement restorative practices2 7iv7 efforts of the local educational agency to ensure program personnel are implementing practices of anti-racism1 cultural competence1 and anti-bias to ensure the school environment is free from racial and other forms of harassment2 7v7 how the local educational agency has taken steps to ensure its restorative practices have centered on the needs of those who have been harmed by zero-tolerance disciplinary policies and punitive disciplinary practices2 7vi7 the number of students that are served by the local educational agency who engaged in some form of restorative practice during the reporting period and the kinds of restorative practices that were used1 disaggregated and cross-tabulated based on race1 gender1 and disability status1 and by category described under subsection 7b77#a77;,a77v72 7vii7 the number of students that are served by the local educational agency that were subject to exclusionary discipline during the reporting period1 which shall be disaggregated and cross-tabulated based on race1 gender1 and disability status2 7viii7 a demonstration of continued engagement among students1 parents1 and other stakeholders2 and 7ix7 a plan that articulates how the local educational agency will sustain the use of restorative practices after the grant period is concluded4 7#b7 ,report ,the ,secretary shall study data collected from the grant program under this section and other relevant programs and use such data to submit1 not later than #c years after the date of the enactment of this ,act1 and not less than once every #a year thereafter1 to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and make publicly available1 a report-- 7,a7 summarizing the information from grantees as described under paragraph 7#a72 7,b7 highlighting strong examples of restorative practices in schools2 7,c7 informing guidance on school discipline that can dramatically reduce the number of children who are funneled into the school to prison pipeline2 and 7,d7 containing recommendations about how schools can strengthen compliance with ,federal civil rights laws4 7f7 ,accountability ,if the ,secretary determines that an entity has misused funds or failed to comply with program requirements1 the ,secretary may withhold funds until an entity comes into compliance1 in accordance with part ,d of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd et seq474 #e4 ,study of restorative practices 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study on the school to prison pipeline for the purposes of-- 7#a7 identifying evidence-based interventions to improve student well-being and improve school climate1 including restorative practices2 and 7#b7 examining the role of ,state and local legal1 and education systems in exacerbating disparities among students 7based on race1 sex 7including sexual orientation and gender identity71 socioeconomic status1 and disability status71 including the disproportionate involvement of certain students in the legal system4 7b7 ,duties ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall initiate the study under subsection 7a71 which may include-- 7#a7 examining school discipline policies that are alternatives to exclusionary discipline practices1 that include-- 7,a7 the models for professional development and family engagement in local educational agencies or ,states that have adopted and effectively implemented such policies2 7,b7 a review of the research on the impact that such policies may have on student achievement1 disproportionate discipline rates1 and student well-being2 and 7,c7 the measurement tools used to collect1 analyze1 and respond to data related to student discipline1 school climate1 and student well-being after such policies have been implemented2 7#b7 examining the consequences that disparities in school discipline policies may have on affected students1 including impacts on learning loss and school completion rates1 families1 and local communities1 including increasing trauma and other risk factors associated with the school to prison pipeline2 7#c7 identifying harmful education and public safety policies that direct more students into the justice system and examples of efforts to disrupt such policies2 and 7#d7 elevating public health oriented approaches to improving student well-being and school climate4 7c7 ,report ,upon the conclusion of the study under subsection 7a71 the ,comptroller ,general of the ,united ,states shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 the ,committee on ,education and ,labor of the ,house of ,representatives1 and the ,department of ,education a report regarding the study and the conclusions and recommendations generated from the study4