Agency guidance on preventing discrimination and bias

(a) In general Not later than 1 year after the date of the enactment of this section, the Secretary shall issue guidance that clarifies— (1) what constitutes unlawful discrimination in school discipline under Federal civil rights laws; (2) the standards for determining disparate treatment in the administration of school discipline; (3) the standards for determining when school discipline policies result in unlawful disparate impact; (4) the effect of law enforcement presence in schools on discrimination in school discipline policies; and (5) the benefits of restorative practices in schools, as well as strategies that schools can use to implement such practices. (b) Restorative practices defined In this section, the term restorative practices means evidence-based practices that— (1) acknowledge and honor the dignity of students; (2) are proactive approaches that teach and build community, empathy, and accountability school-wide to reduce and discourage undesirable student behavior; (3) improve school climate, elevate students’ voices, and strengthen all relationships in a school community; (4) may include— (A) strategies such as restorative dialogue, informal conferencing, proactive circles, and responsive circles; (B) reactive strategies that address conflicts, individual incidents, and classroom-wide issues; and (C) formal conferences, reintegration circles, and circles of support and accountability to cultivate empathy and repair harm; and (5) do not include mediation or school-based mediation to address bullying, harassment, or other forms of discrimination.