Minnesota Senate approves bill clarifying use-of-force rules for SROs, but change sends it back to House

ST. PAUL, Minn. — The Minnesota Senate on Monday approved a bill to clarify use-of-force standards for school resource officers following a controversy surrounding a law implemented last year. But lawmakers in the chamber tacked on an amendment that will send it back to the House for final approval.

At issue was a small section of a sweeping education policy bill last year that prohibited school staff and school resource officers from using certain types of restraints and physical holds on students. 

Law enforcement worried the language was ambiguous and raised concerns about the impact, so dozens of departments chose to pause their school resource officer programs awaiting further action from the legislature.

Under this plan, school resource officers are exempt from those recent regulations on holds and restraints of students, though they still have to follow other laws governing police conduct, including a ban on chokeholds except in narrow circumstances. The rules still apply to school employees.

"This is a good bill. It is a thoughtful bill. It has input from any number of stakeholders, agencies, the other body and this body and I'm proud of the work that we did," said Sen. Bonnie Westlin, DFL-Plymouth, the bill's author. "I'm proud of the bill that we produced. And I believe to my core that this bill will, in fact, be better for our kids."

During an hours-long debate Monday, Republicans successfully amended the bill to expand the definition for when "reasonable force" may be used by school staff to include preventing theft, damage, or destruction of property. The language the House approved said only to prevent "bodily harm."

They are still prohibited from using the prone restraint and other holds that put weight on a student's head, neck, chest, back or abdomen as the original law required. 

"We're going to take a stand for the role of the Senate, in the legislative process and not simply rubber stamp a bill that came to us from the other house," said Sen. Zach Duckworth, R-Lakeville. "We're willing to have debate, that we're willing to deliberate, and we're willing to make improvements and take a stand for a better bill and we believe that's possible."

Republicans for months called for a special session to fix the issue. Earlier Monday, they sought to overhaul the bill entirely and start over by simply repealing the law passed last year. That effort failed and ultimately all of them joined Democrats in supporting the final bill; nine DFL members rejected it. 

The proposal requires SRO training on topics like de-escalation and responding to mental health crises. 

The Board of Peace Officer Standards and Training would develop a model policy with stakeholders, like groups representing school boards and law enforcement. The House lead author on the legislation called these provisions the "centerpiece." 

School resource officers also cannot be used to discipline students for violating school policy.  

Legislative leaders had hoped the bill would be among the first laws signed this session, but the change will delay a final resolution by at least a few days.  There is already a conference committee scheduled for Tuesday, when a panel of lawmakers from both chambers convene to sort out differences.

Walz told reporters that he is hopeful he can sign the bill by the end of the week.

"The commitment from law enforcement, schools, parents – all of us – is to get them back into the classroom in a safe way," he said.