as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/21/2000 |
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.