Navajo committee backs writing restorative justice into the Nation's education law

The Law and Order Committee has supported legislation that would write restorative justice into the Navajo Nation's education laws.

Legislation No. 0183-26, sponsored by Council Delegate Dr. Andy Nez, would amend Sections 3, 106, 107, 108, 116, and 119 of Title 10 of the Navajo Nation Code. It defines restorative justice in relation to the Navajo peacemaking system, according to the Navajo Nation Council.

It proposes changes to the Navajo Nation Board of Education, to the Department of Diné Education, to parental involvement, to school counseling, and to responses to substance and alcohol abuse.

Council Delegate Arbin Mitchell expressed support for the intent of the legislation while emphasizing that its implementation must be clear to schools, students, and families.

"I'm supporting this legislation because it strengthens protections for Navajo students and incorporates values of accountability, communication, and peacemaking into school discipline," said Delegate Mitchell. "Restorative justice must be more than words; it must be understandable and actionable for students, families, and schools."

The proposal addresses concerns from the Navajo Nation Human Rights Commission's public hearings with Navajo students and families in Gallup-McKinley County Schools. The 2025 report highlighted issues like cultural recognition, language barriers, discipline, educational resources, and Navajo students' experiences.

Dr. Wendy S. Greyeyes, who chairs the commission, discussed the public hearings and the need to address disciplinary practices affecting Navajo students. She emphasized that restorative justice offers an alternative to exclusionary discipline by focusing on accountability, repairing harm, and restoring relationships, aligned with Navajo peacemaking values.

Committee members discussed the importance of ensuring parents, grandparents, and other caregivers understand school disciplinary procedures and have meaningful opportunities to participate when a student faces disciplinary action. The discussion also highlighted the challenges faced by grandparents and relatives who raise children but may lack formal legal guardianship.

Eugenia Charles-Newton, who chairs the committee, raised concerns about clearly distinguishing noncriminal school disciplinary matters from serious criminal conduct, and said restorative justice should not replace law enforcement or criminal justice processes when conduct involves serious violence or weapons. She also cautioned against requiring victims to participate in peacemaking or restorative processes when participation may be inappropriate or unsafe.

The amendments would direct the education board, through the Department of Diné Education and in cooperation with the Health, Education and Human Services Committee, to develop procedures for school attendance laws and restorative justice in student codes.

The legislation advances to the Naabik'íyáti' Committee for further consideration.