HF 3674

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; allowing teachers and other 
  1.3             district agents to use reasonable force within the 
  1.4             exercise of lawful authority to discipline a student; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 121A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [121A.582] [STUDENT DISCIPLINE; REASONABLE 
  1.9   FORCE.] 
  1.10     Subdivision 1.  [REASONABLE FORCE STANDARD.] (a) A teacher, 
  1.11  school employee, school bus driver, or other agent of a 
  1.12  district, in exercising the person's lawful authority, may use 
  1.13  reasonable force when it is necessary under the circumstances to 
  1.14  correct or restrain a student or prevent bodily harm or death to 
  1.15  another. 
  1.16     (b) Paragraph (a) does not authorize conduct prohibited 
  1.17  under section 121A.58. 
  1.18     Subd. 2.  [CIVIL LIABILITY.] A teacher, school employee, 
  1.19  bus driver, or other agent of a district who, in the exercise of 
  1.20  the person's lawful authority, uses reasonable force under the 
  1.21  standard in subdivision 1, has a defense against a civil action 
  1.22  for damages under section 123B.25. 
  1.23     Subd. 3.  [CRIMINAL PROSECUTION.] A teacher, school 
  1.24  employee, bus driver, or other agent of a district who, in the 
  1.25  exercise of the person's lawful authority, uses reasonable force 
  1.26  under the standard in subdivision 1, has a defense against a 
  2.1   criminal prosecution under section 609.06, subdivision 1. 
  2.2      Subd. 4.  [SUPPLEMENTARY RIGHTS AND DEFENSES.] Any right or 
  2.3   defense in this section is supplementary to those specified in 
  2.4   section 121A.58, 123B.25, or 609.06, subdivision 1. 
  2.5      Sec. 2.  [EFFECTIVE DATE.] 
  2.6      Section 1 is effective for the 2000-2001 school year and 
  2.7   later.