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Restorative Justice: Schools & Education States Legislation

Abbreviations

Abbreviations in this section include: CBP=Community Based Program, RJ=Restorative Justice, VOC=Victim-Offender Conferencing.


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California - Cal. Educ. Code

§ 33432       Education – Grant funds may be used for RJ.

§ 38000       Education – School resources may be used for RJ.

§ 41480       Education – Professional training to include RJ.

§ 44415.6   Education – School counselor residency grant recipients shall promote safe learning environment by supporting RJ practices.

§ 48900       Education – RJ practices may be used to help pupils gain social & emotional skills, help transform trauma-related responses, understand actions & develop methos for repairing harm.

§ 48900.5   Education – Suspension imposed when other means of correction, including RJ, fail to correct conduct.

§ 48900.9   Education – Superintendent, principal, etc. may refer victim of, witness, or others affected by bulling to school counselor, psychologist, etc. & participation in RJ as appropriate.

§ 48929       Education – Student convicted of violent felony can be transferred to alternate school when victim is in same school & attempts to resolve conflict (including RJ) have failed.

§ 49600       Education – School counselor shall promote a safe learning environment by providing RJ practices.

§ 8901          Education – “Community school” includes support of RJ.

Colorado - Colo. Rev. Stat.

§ 22-30.5-522 Education – State charter school institute encouraged to develop and utilize RJ practices.

§ 22-32-109.1 Education – School conduct & discipline codes include RJ practices.

§ 22-32-144     Education – Encouragement of the use of RJ as first consideration to remediate offenses.  Encouragement of school districts to implement training in RJ and VOC.

§ 22-33-204     Education – School districts may enter into agreements with local governmental & other agencies to provide RJ services to nonprofit & faith-based schools.

§ 22-33-205     Education – Services for expelled & at-risk students include multi-tiered systems of support including RJ.

Delaware - Del. Code Ann.

tit. 14 §  703     Education – Schools to review RJ practices, interventions, training & follow-up support.

tit. 14 §  4143  Education – Curricula must explore various mechanisms of transitional & RJ.

tit. 14 §  4141  Education – Instruction must explore various mechanisms of transitional & RJ.

District of Columbia - D.C. Code

§ 38-236.06     Education – Office of State Superintendent of Education to provide local education & school communities professionals in restorative practices.

§ 5-132.03b     Education – DCPS adopt school security personnel training to include RJ practices.

Florida - Fla. Stat.

§ 1006.13         Education – Schools may use RJ as alternative to expulsion.

Hawaii - Haw. Rev. Stat.

§ 302A-1004    Education - Department of Education shall report annually & make public information on RJ.

Illinois - 105 Ill. Comp. Stat.

5/2-3.181 Education – Safe Schools & Health Learning Environments Grant application may include RJ.

5/2-3.186 Education – Freedom Schools Grant application may include RJ.

5/22-45     Education – Illinois P-20 Council shall report on resources to include RJ.

5/34-18.73         Education – Schools to provide reporting to parent or guardian of student receiving disciplinary action, including a description of RJ measures.

Indiana - Ind. Code

§ 20-28-3-3.5  Education – Guidelines to incorporate methods to develop competency in RJ.

Louisiana - La. Stat. Ann.

§ 17:100.1 Education – Child assigned to CBP to be counted for federal funding.

§ 17:3991 Education – Charter school charters shall contain provision for RJ.

§ 17:3983 Education – RJ provision part of Charter school proposals to be review.

§ 17:416    Education – Disciplinary measures for students in kindergarten through grade five include RJ option.

Maine - Me. Stat.

20-A M.R.S. § 4014    Education - RJ included in a list of programs that reduce the likelihood of behavior that leads to physical restraint or seclusion.

20-A M.R.S. § 6557    Education - The Maine School Safety Center is responsible for providing RJ assistance.

Michigan - Mich. Comp. Laws

§ 380.1310b    Education - Schools are encouraged to include "restorative practices" in their anti-bullying practices.

§ 380.1310c     Education - A school can offer VOC.

§ 380.1310d    Education - Restorative practices to be considered when contemplating expulsion.

Montana - Mont. Code Ann.

20-9-236           Education – School district can transfer funds for RJ.

Nebraska - Neb. Rev. Stat.

§ 79-209            Education – School boards shall have a written attendance policy which shall include provision for excessive absences, ad barriers to attendance.  Services include referral to RJ practices or services.

§ 79-258            Education – Administrators & teaching personnel may take actions regarding student behavior, including referral to RJ practices or services.

Nevada - Nev. Rev. Stat.

§ 385A.250       Education – Annual report to include information on discipline of pupils, including plan for RJ & employee training in RJ.

§ 388.133         Education – Policy for safe & respectful learning must include requirements & methods for restorative disciplinary practices.

§ 388.887         Education – Curriculum on holocaust & genocide to include exploration of transitional & RJ.

§ 388.1333       Education – Development of statewide framework for RJ, to include action plan based on RJ in public school.

§ 388A.495       Education – Pupil who is at least 11 years & poses a continuing danger, may be removed from charter school only after a reasonable effort to complete an action plan based on RJ.

§ 388C.150       Education – Pupil who is at least 11 years & poses a continuing danger, may be removed from a university school only after a reasonable effort to complete an action plan based on RJ.

§ 392.466         Education – Pupil who commits a battery resulting in bodily injury of an employee or who sells or distributes controlled substance on school grounds.  School shall provide action plan based on RJ to the parent or legal guardian. If student is transferred to another school, school district shall coordinate with new school to create action plan based on RJ.

§ 392.472         Education – A public school shall provide action plan based on RJ before removing pupil from a classroom or other premises of the school, or suspending or expelling pupil.

§ 392.4644       Education – Board of trustees for each school district to establish plan to provide for restorative discipline of pupils that is in accordance with statewide framework for RJ.

New Jersey - N.J. Stat. Ann.

§ 18A:35-4.31 Education – Students denied recess for conduct violations shall be provided RJ activities.

§ 18A:37-38     Education – RJ defined.

§ 18A:37-39     Education – Establishment of RJ in Education Pilot Program to implement RJ in public schools, with a goal of reducing recidivism rates.

§ 18A:37-40     Education – Applications guidelines for participation in RJ in Education Pilot Program.

§ 18A:37-41     Education – Commissioner to select districts & award grants to be used to develop & implement RJ practices.

§ 18A:37-43     Education – School District in RJ in Education Pilot Program shall provide professional development.

§ 18A:37-45     Education – School Districts to report on RJ practices.

§ 18A:37-46     Education - Establishment of RJ Education Fund.

Oregon - Or. Rev. Stat.

§ 329.494         Education – Instruction on the Holocaust & genocide to include elements of RJ.

Pennsylvania - Pa. Cons. Stat.

24 P.S. § 13-1302-A         Education – Office of Safe Schools established, to fund RJ strategies.

24 P.S. § 13-1306-B         Education – Grants available to schools to address safety & security, including RJ strategies & curricula.

24 P.S. § 13-1313-C         Education – School may confer power on school resource officers to train students in conflict resolution, RJ and crime awareness.

Tennessee - Tenn. Code Ann.

§ 49-6-3009     Education – Progressive truancy plans include in Tier three participation in school-based RJ program.

§ 49-6-3024     Education – Pre-kindergarten through kindergarten exclusionary discipline plans include encouraging schools to adopt RJ practices.

Texas - Tex. Code Ann.

Educ.

§ 48.115            Education – Funds to be used for school safety, including development training and implementation of RJ programs.

Occ.

§ 1701.262       Education – Curriculum developed under this section to incorporate learning objectives that include RJ techniques. (expires 9/1/2023)

Utah - Utah Code Ann.

§ 53G-4-402    Education – Local school board may establish or partner with RJ program.  School may refer student to youth court or RJ program.

§ 53G-8-211     Education – RJ program defined.  Certain classes of behavior may result in referring minor to RJ program.

§ 53G-8-702     Education – School training programs include training on RJ practices.

Washington - Wash. Rev. Code

§ 28A.300.650 School – Superintendent of public instruction must have a grant program to fund training for school resource officers.  Training may incorporate restorative practices or RJ.

§ 28A.310.515 School – Educational service districts must identify or develop classroom training in RJ principles & practices.

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