Restorative Justice for Schools: Virginia Lawmakers Aim to Reform Discipline

Lawmakers are pushing for a groundbreaking pilot program at eight Virginia schools to transform school discipline by replacing punishment-first approaches with restorative practices aimed at racial disparities and supporting students.

Black students and students with disabilities are disproportionately removed from classrooms for behavioral issues, according to a study by the Legal Aid Justice Center. The study found that Black students made up 21% of Virginia’s student population but faced a much higher share of disciplinary actions. Similarly, students with disabilities, who represent 13% of the population, are disciplined at disproportionate rates.

The proposed Restorative Schools in Virginia Pilot Program, sponsored by Del. Delores McQuinn, D-Richmond (House Bill 2196) and Sen. Stella Pekarsky, D-Fairfax (Senate Bill 1262), would provide nearly $2 million in grants to develop restorative practices in one school district from each of the state’s eight regions. These practices focus on fostering positive relationships, encouraging conflict resolution, and creating supportive environments to reduce racial disparities and lower discipline rates.

Harrisonburg and Lynchburg are already seeing success with restorative practices, said Chloe Edwards, policy director for New Virginia Majority, part of the Fund Our Schools coalition.

Advocates at a news conference in Richmond on Wednesday emphasized the importance of restorative practices, describing them as strategies that “prioritize students’ safety by creating environments where they feel welcome and supported through encouraging positive relationships and conflict resolution.”

They noted that schools using this approach have seen fewer disciplinary issues and a more positive overall school climate, which contributes to better learning outcomes.

“This bill will create a cultural environment that provides school divisions with the tools and resources needed to help our students face behavioral challenges,” McQuinn said in a statement. “It is the responsibility of legislators to improve the quality of life for our students and children in the commonwealth of Virginia. It is important that we protect our children now.”

Pekarsky highlighted the harmful effects of exclusionary discipline, particularly for students of color and those with disabilities. She described it as a “major contributor” to the school-to-prison pipeline and emphasized the damaging impact of removing students from classrooms for non-serious offenses.

The latter “often leads to poor academic performance, school dropout, substance abuse, and criminal activity,” Pekarsky said. “It is absolutely essential that we are making sure the punishment fits the behavioral infraction. For the vast majority of students who are suspended or expelled, this is simply not happening.”

Pekarsky added that restorative disciplinary measures are critical to keeping students in classrooms and fostering their development. “Adopting restorative disciplinary measures for non-serious student behavioral issues will improve outcomes, reduce mental health challenges, and put students on the path to success,” she said.

If approved, the legislation would establish a pilot program administered by the Virginia Department of Education. The department would award grants to schools in each of the commonwealth’s eight superintendent regions, providing resources to help schools develop plans for incorporating evidence-based restorative practices into their operations.

Pekarsky emphasized that certain severe infractions, such as carrying firearms or endangering someone’s safety, would remain outside the scope of the program. “Some behavioral infractions are so egregious that they would not qualify under the legislation,” she said.

Last year, McQuinn and Pekarsky successfully passed legislation through the General Assembly to require schools to address disruptive behavior with alternative measures before resorting to suspensions or expulsions. However, Gov. Glenn Youngkin vetoed the bills, arguing they would mandate administrators to prioritize restorative practices over immediate disciplinary action for violent behavior.

“I’m hoping that he could understand that we can’t continue to create this pipeline where young people are being imprisoned,” said McQuinn, responding to the governor’s veto.

As of Wednesday afternoon, SB 1262 advanced to the full Senate Education and Health Committee in a party-line 3-2 vote. The companion bill, HB 2196, has not yet been heard.

by Nathaniel Cline, Virginia Mercury

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