HF 3489

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/15/2024 08:08am

A bill for an act
relating to education; providing for public safety; modifying the grounds for the
use of reasonable force in schools; defining duties and establishing minimum
training requirements for school resource officers; requiring development of a
school resource officer model policy; appropriating money; amending Minnesota
Statutes 2022, sections 121A.582, by adding a subdivision; 123B.02, by adding a
subdivision; 124E.03, by adding a subdivision; 609.06, subdivision 1; 609.379,
subdivision 1; Minnesota Statutes 2023 Supplement, sections 121A.58, subdivisions
1, 2a; 121A.582, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2023 Supplement, section 121A.58, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

(a) For the purpose of this section, "corporal punishment"
means conduct involving:

(1) hitting or spanking a person with or without an object; or

(2) unreasonable physical force that causes bodily harm or substantial emotional harm.

(b) new text begin For the purpose of this section, "employee or agent of a district" does not include a
school resource officer as defined in section 626.8482, subdivision 1, paragraph (c).
new text end

new text begin (c) new text end For the purpose of this section, "prone restraint" means placing a child in a face-down
position.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 121A.58, subdivision 2a, is amended
to read:

Subd. 2a.

Prone restraint and certain physical holds not allowed.

(a) An employee
or agent of a district deleted text begin , including a school resource officer, security personnel, or police officer
contracted with a district, deleted text end shall not use prone restraint.

(b) An employee or agent of a district deleted text begin , including a school resource officer, security
personnel, or police officer contracted with a district, deleted text end shall not inflict any form of physical
holding that restricts or impairs a pupil's ability to breathe; restricts or impairs a pupil's
ability to communicate distress; places pressure or weight on a pupil's head, throat, neck,
chest, lungs, sternum, diaphragm, back, or abdomen; or results in straddling a pupil's torso.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 121A.582, subdivision 1, is amended
to read:

Subdivision 1.

Reasonable force standard.

(a) A teacher or school principal, in
exercising the person's lawful authority, may use reasonable force when it is necessary under
the circumstances to correct or restrain a student to prevent deleted text begin imminent deleted text end bodily harm or death
to the student or to another.

(b) A school employee, school bus driver, or other agent of a district, in exercising the
person's lawful authority, may use reasonable force when it is necessary under the
circumstances to restrain a student to prevent bodily harm or death to the student or to
another.

(c) Paragraphs (a) and (b) do not authorize conduct prohibited under section 125A.0942.

(d) Districts must report data on their use of any reasonable force used on a student with
a disability to correct or restrain the student to prevent deleted text begin imminent deleted text end bodily harm or death to
the student or another that is consistent with the definition of physical holding under section
125A.0941, paragraph (c), as outlined in section 125A.0942, subdivision 3, paragraph (b).

(e) Beginning with the 2024-2025 school year, districts must report annually by July
15, in a form and manner determined by the commissioner, data from the prior school year
about any reasonable force used on a general education student to correct or restrain the
student to prevent deleted text begin imminent deleted text end bodily harm or death to the student or another that is consistent
with the definition of physical holding under section 125A.0941, paragraph (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2022, section 121A.582, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Definition. new text end

new text begin For the purpose of this section, a school resource officer, as defined
in section 626.8482, subdivision 1, paragraph (c), is not a school employee or agent of the
district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2022, section 123B.02, is amended by adding a subdivision to
read:

new text begin Subd. 25. new text end

new text begin School resource officers. new text end

new text begin A board that contracts for the services of a school
resource officer must ensure the contract meets the requirements of section 626.8482.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2022, section 124E.03, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin School resource officers. new text end

new text begin A charter school board must comply with section
123B.02, subdivision 25.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2022, section 609.06, subdivision 1, is amended to read:

Subdivision 1.

When authorized.

Except as otherwise provided in subdivisions 2 and
3, reasonable force may be used upon or toward the person of another without the other's
consent when the following circumstances exist or the actor reasonably believes them to
exist:

(1) when used by a public officer or one assisting a public officer under the public
officer's direction:

(i) in effecting a lawful arrest; or

(ii) in the execution of legal process; or

(iii) in enforcing an order of the court; or

(iv) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive the
other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against
the person; or

(4) when used by any person in lawful possession of real or personal property, or by
another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, deleted text begin teacher, deleted text end or other lawful custodian of a child deleted text begin or
pupil deleted text end , in the exercise of lawful authority, to restrain or correct such child deleted text begin or pupil deleted text end ; or

(7) when used by a new text begin teacher, school principal, new text end school employee deleted text begin or deleted text end new text begin , new text end school bus driver, new text begin or
other agent of a district new text end in the exercise of lawful authority, to restrain a child or pupil deleted text begin , or deleted text end to
prevent bodily harm or death to new text begin the child, pupil, or new text end another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
requirement for the conduct of passengers and reasonable care is exercised with regard to
the passenger's personal safety; or

(9) when used to restrain a person with a mental illness or a person with a developmental
disability from self-injury or injury to another or when used by one with authority to do so
to compel compliance with reasonable requirements for the person's control, conduct, or
treatment; or

(10) when used by a public or private institution providing custody or treatment against
one lawfully committed to it to compel compliance with reasonable requirements for the
control, conduct, or treatment of the committed person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2022, section 609.379, subdivision 1, is amended to read:

Subdivision 1.

Reasonable force.

new text begin (a) new text end Reasonable force may be used upon or toward the
person of a child without the child's consent when the following circumstance exists or the
actor reasonably believes it to exist:

deleted text begin (a) deleted text end new text begin (1) new text end when used by a parent, legal guardian, deleted text begin teacher, deleted text end or other caretaker of a child deleted text begin or
pupil deleted text end , in the exercise of lawful authority, to restrain or correct the child deleted text begin or pupil deleted text end ; or

deleted text begin (b) deleted text end new text begin (2) new text end when used by a teacher new text begin , school principal, school employee, school bus driver,
other agent of a district, new text end or other member of the instructional, support, or supervisory staff
of a public or nonpublic school upon or toward a child new text begin or pupil new text end when necessary to restrain
the child deleted text begin from self-injury or injury to any other person or property deleted text end new text begin or pupil to prevent bodily
harm or death to the child, pupil, or another new text end .

new text begin (b) Nothing in this section limits any other authorization to use reasonable force including
but not limited to authorizations under sections 121A.582, subdivision 1, and 609.06,
subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

new text begin [626.8482] SCHOOL RESOURCE OFFICERS; DUTIES; TRAINING;
MODEL POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "School" means an elementary school, middle school, or secondary school, as defined
in section 120A.05, subdivisions 9, 11, and 13.
new text end

new text begin (c) "School resource officer" means a peace officer who is assigned to work in an
elementary school, middle school, or secondary school during the regular instructional
school day as one of the officer's regular responsibilities through the terms of a contract
entered between the peace officer's employer and the designated school district or charter
school.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) A school resource officer's contractual duties with a school district
or charter school shall include:
new text end

new text begin (1) fostering a positive school climate through relationship building and open
communication;
new text end

new text begin (2) protecting students, staff, and visitors to the school grounds from criminal activity;
new text end

new text begin (3) serving as a liaison from law enforcement to school officials;
new text end

new text begin (4) providing advice on safety drills;
new text end

new text begin (5) identifying vulnerabilities in school facilities and safety protocols;
new text end

new text begin (6) educating and advising students and staff on law enforcement topics; and
new text end

new text begin (7) enforcement of criminal laws.
new text end

new text begin (b) A school district or charter school may contract with a school resource officer's
employer for the officer to perform additional duties to those described in paragraph (a).
new text end

new text begin (c) A school resource officer must not use force or the authority of their office solely to
enforce school rules or policies or participate in the enforcement of discipline for violations
of school rules.
new text end

new text begin (d) Nothing in this subdivision limits any other duty or responsibility imposed on peace
officers; limits the expectation that peace officers will exercise professional judgment and
discretion to protect the health, safety, and general welfare of the public when carrying out
their duties; or creates a duty for school resource officers to protect students, staff, or others
on school grounds that is different from the duty to protect the public as a whole.
new text end

new text begin Subd. 3. new text end

new text begin Instruction required. new text end

new text begin (a) Except as provided for in paragraphs (b) to (d),
beginning September 1, 2025, a peace officer assigned to serve as a school resource officer
must complete a training course that provides instruction on the learning objectives identified
in subdivision 4 prior to assuming the duties of a school resource officer.
new text end

new text begin (b) A peace officer who has completed either the School Safety Center standardized
Basic School Resource Officer Training or the National School Resource Officer Basic
School Resource Officer course prior to September 1, 2025, must complete the training
mandated under paragraph (a) before June 1, 2027. A peace officer covered under this
paragraph may complete a supplemental training course approved by the board pursuant to
subdivision 4, paragraph (b), to satisfy the training requirement.
new text end

new text begin (c) If an officer's employer is unable to provide the required training course to the officer
prior to the officer assuming the duties of a school resource officer, the officer must complete
the required training within six months of assuming the duties of a school resource officer.
The officer is not required to perform the duties described in subdivision 2, paragraph (a),
clause (4) or (5), until the officer has completed the required training course. The officer
must review any policy adopted by the officer's employer pursuant to subdivision 6 before
assuming the other duties of a school resource officer and must comply with that policy.
new text end

new text begin (d) An officer who is serving as a substitute school resource officer for fewer than 60
student contact days within a school year is not obligated to complete the required training
or perform the duties described in subdivision 2, paragraph (a), clause (4) or (5), but must
review and comply with any policy adopted pursuant to subdivision 6 by the law enforcement
agency that employs the substitute school resource officer.
new text end

new text begin (e) For each school resource officer employed by an agency, the chief law enforcement
officer must maintain a copy of the most recent training certificate issued to the officer for
completion of the training mandated under this section.
new text end

new text begin Subd. 4. new text end

new text begin Training course. new text end

new text begin (a) By January 15, 2025, the Board of Peace Officer Standards
and Training, in consultation with the Department of Public Safety's School Safety Center,
shall prepare learning objectives for training courses to instruct peace officers in serving as
a school resource officer. At a minimum, the learning objectives must ensure officers receive
training on:
new text end

new text begin (1) the juvenile justice system;
new text end

new text begin (2) legal standards for peace officers to use force to detain or arrest students in schools;
new text end

new text begin (3) legal standards for school employees and contractors to use force to detain, discipline,
and arrest students in school;
new text end

new text begin (4) de-escalation techniques and using the least restrictive physical intervention strategies
for handling conflicts in schools;
new text end

new text begin (5) responding to persons experiencing a mental health crisis in a school setting, with
an emphasis placed on juveniles;
new text end

new text begin (6) understanding and working with students with disabilities and students receiving
special education services;
new text end

new text begin (7) juvenile brain development, including limitations on impulse control;
new text end

new text begin (8) the impact of childhood trauma on juvenile behavior;
new text end

new text begin (9) responding to threats of violence against students and schools;
new text end

new text begin (10) detecting juvenile exploitation;
new text end

new text begin (11) investigating crimes committed in schools, including student and parental rights;
new text end

new text begin (12) identifying vulnerabilities in school facilities and safety protocols;
new text end

new text begin (13) mandated safety drills and best practices in conducting safety drills; and
new text end

new text begin (14) the topics identified in section 626.8469, subdivision 1, as they pertain to juveniles
or students.
new text end

new text begin (b) The Board of Peace Officer Standards and Training may also approve supplemental
training courses that are offered by providers who have trained school resource officers in
the state prior to development of the learning objectives required under paragraph (a). At a
minimum, an approved supplemental course must provide instruction on each of the board's
learning objectives that were not covered in the provider's existing school resource officer
course curriculum.
new text end

new text begin Subd. 5. new text end

new text begin Model Policy. new text end

new text begin (a) By December 31, 2024, the Board of Peace Officer Standards
and Training shall develop a model school resource officer policy. In developing the policy,
the board must convene a group consisting of representatives from the Department of Public
Safety's School Safety Center, the Minnesota School Boards Association, the Minnesota
Association of Secondary School Principals, Education Minnesota, the Minnesota Sheriffs'
Association, the Minnesota Chiefs of Police Association, the Minnesota Police and Peace
Officers Association, the Minnesota Juvenile Officers Association, the National Association
of School Resource Officers, Solutions Not Suspensions, the Minnesota Youth Council,
the Minnesota Council on Disability, and one community organization supporting the rights
of students receiving special education services. The group must meet at least three times
to discuss the topics identified in paragraph (b), address any related issues, and provide
advice and direction regarding development of the model policy.
new text end

new text begin (b) The model policy must cover, at a minimum, the following:
new text end

new text begin (1) issues to be addressed in a school resource officer contract, including but not limited
to the use of plain clothes, modified uniforms, and other changes to school resource officer
attire in order to foster a positive school climate, facilitate the establishment of positive
relationships with students, and promote open communication;
new text end

new text begin (2) considerations for the proper use of force on school grounds, including:
new text end

new text begin (i) the prohibitions on choke holds and other restraints established in section 609.06,
subdivision 3;
new text end

new text begin (ii) the prohibition on using force or the authority of the peace officer's office solely to
enforce school rules or policies or participating in the enforcement of discipline for violations
of school rules;
new text end

new text begin (iii) the use of de-escalation techniques and other alternatives to higher levels of force
that are appropriate with juveniles and students in a school setting;
new text end

new text begin (iv) response tactics and strategies that minimize the use and duration of prone restraint,
as defined in section 121A.58, and other physical holds of students; and
new text end

new text begin (v) the duty to render reasonably prompt care, consistent with the officer's training, to
a person who an officer physically holds or restrains;
new text end

new text begin (3) alternative procedures that can be used to de-escalate conflicts in schools and students
and others in crisis;
new text end

new text begin (4) proper procedures and limitations placed on school districts and charter schools to
ensure school resource officers are being utilized appropriately and not for school disciplinary
purposes;
new text end

new text begin (5) considerations to build constructive police relationships with students, administrators,
and educational staff;
new text end

new text begin (6) proper procedures for protecting student data; and
new text end

new text begin (7) how soon after completing the training required under subdivision 3 that a school
resource officer must complete a refresher course that covers the learning objectives
established in subdivision 4.
new text end

new text begin Subd. 6. new text end

new text begin Policies required. new text end

new text begin By September 1, 2025, each law enforcement agency with
a school resource officer program shall develop, adopt, and implement a written policy
regarding school resource officers that is identical or, at a minimum, substantially similar
to the model policy adopted by the board under subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Licensing sanctions; injunctive relief. new text end

new text begin The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text begin DEPARTMENT OF PUBLIC SAFETY; APPROPRIATION.
new text end

new text begin $150,000 in fiscal year 2024 and $490,000 in fiscal year 2025 are appropriated from the
general fund to the commissioner of public safety to increase staffing in the department's
school safety center and perform the duties required by this act. The general fund base for
this appropriation is $490,000 in fiscal year 2026 and fiscal year 2027.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end