HF 3892

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 05:02pm

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; 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 or
pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; 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 or
pupil, in the exercise of lawful authority, to restrain or correct the child or pupil; 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 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 to prevent bodily harm or death
to the child or another or damage to property 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 section 609.06, subdivision 1, and section 121A.582,
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.
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, or a Tribal contract or grant school eligible
for aid under section 124D.83.
new text end

new text begin (c) "School resource officer" means a peace officer who is assigned to work in an
elementary 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 may 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) coordinating criminal investigations between law enforcement and 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 and execution of other duties imposed upon peace
officers by law.
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 mandated in paragraph (a).
new text end

new text begin (c) A school resource officer may not participate in the enforcement of discipline for
violations of school rules.
new text end

new text begin (d) Nothing in the enumeration of these duties or the inclusion of them in a contract
between a school resource officer's employer and the designated school district or charter
school shall create a special duty to any individual.
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 December 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 June 1, 2025, shall be deemed to be in compliance
with the training mandated under paragraph (a).
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.
new text end

new text begin (d) An officer who is serving as a substitute school resource officer for fewer than 60
school days is not obligated to complete the required training.
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 Department of Public Safety
School Safety Center, in consultation with the board, 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 physical intervention strategies for handling conflicts
in schools;
new text end

new text begin (5) responding to persons experiencing a mental health crisis, 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; and
new text end

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

new text begin (b) The Department of Public Safety School Safety Center 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 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

Sec. 11. new text begin SCHOOL RESOURCE OFFICER TRAINING REIMBURSEMENT;
APPROPRIATION.
new text end

new text begin $250,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of public safety to reimburse law enforcement agencies for costs associated with school
resource officer training, backfilling staffing costs, and lodging while a school resource
officer is attending mandatory training.
new text end