H.R. 8360 — Commission on Advancing Restorative Justice in Elementary and Secondary Education Act of 2026

This section states congressional findings that racial and gender biases in school discipline, codes of conduct, and dress code policies disproportionately affect students of color and that culturally competent professional development can reduce disciplinary disparities between Black and White students. The section declares the purposes of the Act to be supporting the mental and behavioral health of students of color; increasing capacity for accessible, culturally competent mental health support and counseling services; providing recommendations on universal school psychologist-to-student and counselor-to-student ratios; and codifying restorative practices to promote equitable learning environments.

This section establishes the Interagency Advisory Commission on Advancing Restorative Justice in Elementary and Secondary Education (Commission), to be created not later than 90 days after enactment by the Secretaries of Education and Health and Human Services. The Commission must (1) create guidelines for elementary and secondary schools to track and report student participation in mediation and restorative practices; (2) develop Department of Education definitions of restorative justice and restorative practices; (3) develop and distribute training materials for school personnel on such practices, including bias reduction and cultural competency; (4) increase school personnel's capacity for culturally competent mental health support for students of color; and (5) recommend school psychologist-to-student and counselor-to-student ratios to schools receiving funds under applicable programs (i.e., those defined in section 400(c) of the General Education Provisions Act). The Commission comprises up to 13 members appointed from specified Department of Education and Health and Human Services offices, organizations representing restorative justice, mental health, and students of color, a scholarly expert, and students of color or their family members. It must hold an initial meeting within 60 days of appointment and at least seven additional meetings, submit annual progress reports for five years (including on training distribution, cultural competence gains, and reduced disproportionate discipline), and terminate 90 days after its final report.