2000 Minnesota Statutes

     121A.582 Student discipline; reasonable force. 

    Subdivision 1.    Reasonable force standard.  (a) A 
 teacher, in exercising the person's lawful authority, may use 
 reasonable force when it is necessary under the circumstances to 
 correct or restrain a student or prevent bodily harm or death 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 or prevent bodily harm or death to another. 

    (c) Paragraphs (a) and (b) do not authorize conduct 
 prohibited under sections 121A.58 and 121A.67. 

    Subd. 2.    Civil liability.  (a) A teacher who, in the 
 exercise of the person's lawful authority, uses reasonable force 
 under the standard in subdivision 1, paragraph (a), has a 
 defense against a civil action for damages under section 123B.25.

    (b) A school employee, bus driver, or other agent of a 
 district who, in the exercise of the person's lawful authority, 
 uses reasonable force under the standard in subdivision 1, 
 paragraph (b), has a defense against a civil action for damages 
 under section 123B.25. 

    Subd. 3.    Criminal prosecution.  (a) A teacher who, in 
 the exercise of the person's lawful authority, uses reasonable 
 force under the standard in subdivision 1, paragraph (a), has a 
 defense against a criminal prosecution under section 609.06, 
 subdivision 1. 

    (b) A school employee, bus driver, or other agent of a 
 district who, in the exercise of the person's lawful authority, 
 uses reasonable force under the standard in subdivision 1, 
 paragraph (b), has a defense against a criminal prosecution 
 under section 609.06, subdivision 1. 

    Subd. 4.    Supplementary rights and defenses.  Any 
 right or defense in this section is supplementary to those 
 specified in section 121A.58, 121A.67, 123B.25, or 609.06, 
 subdivision 1. 

    HIST: 2000 c 489 art 6 s 3