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Current as of January 01, 2025 | Updated by Findlaw Staff
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 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 undersection 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 bodily harm or death to the student or another that is consistent with the definition of physical holding undersection 125A.0941, paragraph (c), as outlined insection 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 bodily harm or death to the student or another that is consistent with the definition of physical holding undersection 125A.0941, paragraph (c).
Subd. 2. Civil liability. (a) A teacher or school principal 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 undersection 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 undersection 123B.25.
Subd. 3. Criminal prosecution. (a) A teacher or school principal 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 undersection 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 undersection 609.06, subdivision 1.
Subd. 4. Supplementary rights and defenses. Any right or defense in this section is supplementary to those specified insection 121A.58,121A.67,123B.25, or609.06, subdivision 1.
Subd. 5. Definition. For the purpose of this section, a school resource officer, as defined insection 626.8482, subdivision 1, paragraph (c), is not a school employee or agent of the district.
Cite this article: FindLaw.com - Minnesota Statutes Education Code: Prekindergarten-Grade 12 (Ch. 120-129C) § 121A.582. Student discipline; reasonable force - last updated January 01, 2025 | https://codes.findlaw.com/mn/education-code-prekindergarten-grade-12-ch-120-129c/mn-st-sect-121a-582/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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