SF 3642

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

A bill for an act
relating to education; modifying provisions for prone restraint, certain physical
holds, and reasonable force standards in schools; amending Minnesota Statutes
2022, sections 121A.58, as amended; 121A.582, subdivision 1, as amended.

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

Section 1.

Minnesota Statutes 2022, section 121A.58, as amended by Laws 2023, chapter
55, article 2, section 36, is amended to read:

121A.58 CORPORAL PUNISHMENT; PRONE RESTRAINT; AND CERTAIN
PHYSICAL HOLDS.

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) For the purpose of this section, "prone restraint" means placing a child in a face-down
position.

Subd. 2.

Corporal punishment not allowed.

An employee or agent of a district shall
not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil
to reform unacceptable conduct or as a penalty for unacceptable conduct.

Subd. 2a.

Prone restraint and certain physical holds not allowed.

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

(b) An employee or agent of a district, including deleted text begin a school resource officer, deleted text end security
personnel, deleted text begin 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 (c) An employee or agent of a district does not include a school resource officer or other
peace officer contracted with a district.
new text end

Subd. 3.

Violation.

Conduct that violates subdivision 2 is not a crime under section
645.241, but may be a crime under chapter 609 if the conduct violates a provision of chapter
609. Conduct that violates subdivision 2a is not per se corporal punishment under this statute.
Nothing in this section or section 125A.0941 precludes the use of reasonable force under
section 121A.582.

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 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 deleted text begin to deleted text end new text begin or new text end prevent bodily harm or death to the student or to
another. new text begin For a school resource officer or other peace officer contracted with a district, use
of force is governed by section 609.06.
new text end

(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 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).

(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 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