ST PAUL, Minn. — Editor's note: The above video first aired on Aug. 17, 2023.
Minnesota Attorney General Keith Ellison issued a legal opinion clarifying his interpretation of recent amendments to statewide school discipline laws after school officers raised concerns about restrictions on the use of physical holds.
Ellison says the amendments don't limit the types of force used if they are utilized to prevent bodily harm or death. However, if a physical hold is used, it must be considered "reasonable." Ellison went on to say that if there is no threat of bodily harm or death, then the school staff or agent should refrain from using any physical holds.
“Safety is essential for learning, and everyone in our schools — students, teachers, staff, administrators, SROs (school resource officers), and families — wants to be safe and feel safe. The aims of the new amendments to our school discipline laws are worthy," Ellison said in a statement. "I issued this opinion upon (Education) Commissioner (Willie) Jett’s request because it is important to provide clarity about the amendments’ scope. I thank everyone who brought this issue to the attention of my office and is contributing to the conversation and our shared goal of safety. Our working together is essential to ensuring that everyone in our schools can live with dignity, safety, and respect."
Last week, some school-based officers spoke out against the amendments, saying they curb a resource officer's ability to do their job effectively. Jeff Potts, executive director of the Minnesota Chiefs of Police Association, released a statement Wednesday in response to Ellison's opinion asking for more clarity.
"Our number one priority continues to be keeping students and staff members inside schools across our state safe," Potts said. "Although we are grateful for the Attorney General's expertise and thoughtful opinion, we still aren't confident that can be accomplished by the new law."
Potts went on to say that several questions remain unanswered, including what is acceptable under the new law if there is no threat of bodily harm or death, but there is a clear violation of state law.
"In some situations, an SRO responds to a student acting unruly and committing crimes such as damage to property, trespassing, or disorderly conduct," wrote Potts. "If an SRO is involved in these situations, what authority does an SRP have to intervene and stop the criminal behavior? The Attorney General indicated these are important questions but directed us to the legislature."
Officials with the Minnesota Police and Peace Officers Association (MPPOA) also responded Wednesday with concerns about the law, calling it "ambiguous and unclear." The letter, written by General Counsel Imran S. Ali and Executive Director Brian Peters, went on to suggest forgoing SROs and allowing law enforcement access to schools so the new restrictions wouldn't apply.
"The unintended consequences of this new law limit the lawful authority of SROs to keep children safe at school and those contracted with school districts to provide safety to the students and staff," the letter reads. "SROs are counted on to support students and staff safety and must have a clear understanding and meaningful procedures and training in place before the implementation of any laws."
The debate comes as schools across the country grapple with a rise in disciplinary issues coupled with increased scrutiny on police since George Floyd’s murder. The St. Paul, Minneapolis, and Hopkins districts eliminated armed police in school hallways in 2020. But Bloomington added police to three middle schools to supplement officers who already patrol the district’s two high schools.
Brooklyn Park Police Chief Mark Bruly said that because of increasing hostility toward police, and the lack of clarity in the new law, some of his officers are refusing assignments in schools.
Minnesota Department of Education spokesman Kevin Burns said the agency will soon provide districts with additional guidance on the matter.
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