SF 3643

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2024 03:13pm

A bill for an act
relating to education; repealing changes to prone restraints, certain physical holds,
and reasonable force standards used on students; repealing Laws 2023, chapter
55, article 2, section 36; article 12, section 4.

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

Section 1. new text begin REPEALER.
new text end

new text begin Laws 2023, chapter 55, article 2, section 36; and Laws 2023, chapter 55, article 12,
section 4, new text end new text begin are repealed.
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

APPENDIX

Repealed Minnesota Session Laws: 24-05150

Laws 2023, chapter 55, article 12, section 4

Sec. 4.

Minnesota Statutes 2022, 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 deleted text begin or deleted text end new text begin to new text end prevent new text begin imminent new text end bodily harm or death to new text begin the student or to new text end 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 or deleted text end new text begin to new text end prevent bodily harm or death to new text begin the student or to new text end another.

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

new text begin (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). new text end

new text begin (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 end

Laws 2023, chapter 55, article 2, section 36

Sec. 36.

Minnesota Statutes 2022, section 121A.58, is amended to read:

121A.58 CORPORAL PUNISHMENT new text begin ; PRONE RESTRAINT; AND CERTAIN PHYSICAL HOLDS new text end .

Subdivision 1.

deleted text begin Definition deleted text end new text begin Definitions new text end .

new text begin (a) new text end 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.

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

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.

new text begin Subd. 2a. new text end

new text begin Prone restraint and certain physical holds not allowed. new text end

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

new text begin (b) An employee or agent of a district, including a school resource officer, security personnel, or police officer contracted with a district, 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 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. new text begin 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 end