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SF 3641

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2024 03:12pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to education; modifying provisions for reasonable force standards in
schools; amending Minnesota Statutes 2022, section 121A.582, subdivision 1, as
amended.

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

Section 1.

Minnesota Statutes 2022, section 121A.582, subdivision 1, as amended by Laws
2023, chapter 55, article 12, section 4, 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 imminent 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.

new text begin (d) Paragraph (b) does not alter any authorization for use of force by law enforcement
or peace officers under section 609.06.
 new text end

deleted text begin (d)deleted text end new text begin (e)new text end 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 imminent 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).

deleted text begin (e)deleted text end new text begin (f)new text end 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 imminent 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