MN Republican legislators call for special session on law that changes school resource officers’ use of force

Mara H. Gottfried, Pioneer Press
Updated ·4 min read
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Minnesota Republican legislators called for a special session Wednesday to address concerns about changes to state law on what force school resource officers can use against students.

An updated law about corporal punishment says school resource officers, security personnel, or police officers contracted with the district “shall not” put a child in a face-down position or “inflict any form of physical holding that restricts or impairs a pupil’s ability to breathe,” among other provisions.

Some law enforcement leaders say the law puts different restrictions on school resource officers than any other patrol officers, and that it has too much ambiguity.

Republicans wrote to Gov. Tim Walz that “the real-world impacts of this legislation are undeniable; students attending schools in Moorhead, Anoka, Coon Rapids, Andover, Rockford, Redwood Falls, St. Louis County, and a growing number of other communities have been forced to suspend or cancel SRO agreements,” said the letter signed by House Minority Leader Lisa Demuth and Senate Minority Leader Mark Johnson.

Walz, a Democrat, told WCCO Radio Tuesday he didn’t think a special session would be needed.

He said in a Wednesday statement: “Our students need to be safe in school — that’s why this year we passed gun safety legislation, funded teacher training, and advanced the largest education budget in state history. As a former 20-year teacher, I know that School Resource Officers play an important role in keeping our kids safe. Our administration will continue working with school districts and law enforcement agencies to ensure they have the guidance and resources they need to do their jobs effectively.”

The Minnesota House and Senate education committee chairs, all DFL members, said in a Wednesday statement that they “value the role that School Resource Officers play in keeping schools safe.”

They said the Democrat-led Legislature and Walz had “made historic investments in education this year, including free school meals for all children and more staff to help our kids navigate mental health challenges. We are united in our commitment to ensuring a safe, supportive, and healthy learning environment for students and everyone who works in our Minnesota schools.”

But the Minnesota Police and Peace Officers Association’s general counsel, Imran Ali, said Wednesday that with school starting, “we must act with urgency and not wait until February.”

“The easiest way to promote safety and security in our schools is to correct the SRO language which could create an unsafe environment,” he said in a statement.

Minnesota Attorney General Keith Ellison issued a legal opinion last week, at the request of the Minnesota Department of Education commissioner, saying the changes to the law “do not limit the types of force that may be used by school employees and agents to prevent bodily harm or death, but retain the instruction that force must be ‘reasonable’ in those situations.”

The police association said in a previous letter that they, along with the state chiefs and sheriffs’ associations, are concerned about “the increased liability, both civilly and criminally, that may occur.”

Brian Podany, Blaine safety services manager/police chief, said Wednesday that a fix for the law is needed because “varying interpretations have created confusion about how to respond to and manage incidents in our schools. … It’s hard enough for educators and our peace officers to manage at times chaotic, violent and unusual situations involving our children and their safety. Having to navigate the legal confusion surrounding that in a split second sets everyone involved in that situation up for failure.”

The Solutions Not Suspensions coalition says changes to state law “have been overstated and misunderstood.”

“As the Attorney General noted, they do not prevent school resource officers from using reasonable force when necessary to prevent bodily harm or death,” said a statement from the coalition. “The new law, however, did prohibit the use of force for the sole purpose of restraining a student when there is no immediate threat of harm or death. Students deserve to be surrounded by adults who can utilize safety techniques without resorting to prone restraint, choke holds, or other dangerous restraints. The discussion surrounding these changes has raised anxiety and fear among parents and students and community members at the start of this school year, when communities should instead be joining together to support schools to best welcome students to the new year.”

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