A debate over a law restricting the restraints police can use on students in schools is a top issue at the Capitol this session.

Right out of the gate, Minnesota lawmakers have been debating a fix to a law enacted last year that created confusion over whether school resource officers can use prone restraints on students.

The change prompted many law enforcement agencies to end partnerships with schools, though some returned after getting reassurances from Attorney General Keith Ellison that they would be able to use prone, or face-down, restraints in situations that threaten lives or risk serious bodily harm.

Democratic-Farmer-Labor lawmakers are now advancing a proposal to address law enforcement concerns by clearing up the school force standards language while addressing activist concerns by adding new training requirements.

“The goal is to have our students safe as they go back into school,” said Department of Public Safety Commissioner Bob Jacobson as he testified in favor of the bill at a Tuesday night hearing. “The path to get there is likely going to make stakeholders if not all just a little bit unhappy.”

But already there are signs the bill could face headwinds. The DFL majority could need votes from minority Republicans in order to pass any bill. Some activist groups have voiced opposition to any changes that loosen restrictions on officers using face-down restraints on students, arguing the holds are excessively dangerous and more likely to be employed against students of color.

And while Republicans have signaled interest in discussing a bipartisan solution, they’ve already expressed reservations about aspects of the bill, including the proposed training for school resource officers.

2023 SRO law

To get a better handle on the issue, it’s helpful to go back to what unfolded at the start of the school year.

Last August as students prepared to return to school, statewide law enforcement groups said there was a problem with a new law restricting the use of prone restraints on students. It led to dozens of agencies pulling officers out of schools and Republican calls for a special session to fix the law.

School district staff had been banned from using prone restraints since 2015, but the new law that came into effect as part of a 2023 education bill expanded the definition of school employees to include school resource officers.

It altered a reasonable force standard in such a way that law enforcement groups felt they could no longer use force to restrain unruly students. Their concern was officers could face liability for using what would be considered reasonable force in most settings if they did so in a school.

More than 40 agencies withdrew officers from school districts across the state. Many returned after Ellison issued updated guidance, which assuaged many concerns. Still there remained some confusion over the law.

DFL legislative leaders never agreed with Republican calls for a special session, but promised to hold hearings at the beginning of this year’s session.

DFL proposal

Hearings are underway for DFL-sponsored SRO bills. A proposal backed by Rep. Cedrick Frazier, DFL-New Hope, and Sen. Bonnie Westlin, DFL-Plymouth, aims to address remaining law enforcement concerns by allowing school resource officers to use prone restraints but requiring them to have special training first.

On the clarification side, the House bill carried by Frazier removes language from the statute classifying school resource officers as employees or agents of a school district. The change frees up officers to use face-down restraints on students.

But before officers can begin work in schools, they must be trained on a model policy developed by Minnesota’s Peace Officer Standards and Training Board.

The POST Board would have to get input from education groups, police groups and others, such as activist group Solutions Not Suspensions Coalition – which testified against the bill Tuesday.

Frazier acknowledged more work will have to happen before the bill is ready.

GOP and law enforcement concerns

Law enforcement groups say they want a more changes. The Minnesota Chiefs of Police Association says it wants six additional months before the new model policy goes into effect.

They also want language governing the duties of SROs to change so officers can use more discretion in how they approach the job.

Republicans say they want those law enforcement concerns addressed in the SROs bill, though Sen. Zach Duckworth, R-Lakeville, said the best fix would be a return to the status quo so lawmakers can start from scratch.

“There’s a real easy, simple fix: you push the reset button, repeal the law — which doesn’t mean we’re done with the issue,” he said. “We can then begin to have additional conversations about a model policy, about a universal standard for school resource officers.”

What’s next?

DFL legislative leaders pledged to have hearings on SROs within the first weeks of the 2024 session. They’ve made good on that promise, but there’s more work before the bill reaches the House and Senate floors and eventually the governor’s desk.

Already there’s been a snag. While Frazier’s SROs fix bill got through the House Education Committee on Monday, the House Public Safety Committee voted to table the bill until its Thursday meeting — even though it was scheduled to reach the Ways and Means Committee by Wednesday, which is typically the last stop before a vote of the full House.

DFL legislative leaders have said they expect a floor vote next week. Before that happens, Frazier said he hopes to address the concerns of progressive activists and lawmakers who say the current language should remain in place.

The Senate Education Committee on Wednesday advanced the bill to the Senate Public Safety Committee.

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