4 October 2023
BRAINERD With recent clarification from Minnesota Attorney Keith Ellison on a change to state law involving school resource officers, Brainerd Police Chief John Davis believes the city and school district can reestablish their contract.
Elected officials from the two entities opted to sever the contract earlier this year after Davis said he was concerned about a school resource officer’s ability to intervene in certain situations following a change to state law.
The law previously stated school resource officers could use a level of reasonable force to “restrain a student or to prevent bodily harm or death.” The newly adopted language as of Aug. 1 removed the word “or.” The amendment also states school employees and agents (including school resource officers) “shall not use prone restraint” or “inflict any form of physical holding that restricts or impairs a pupil’s ability to breathe.”
The original amendment had police officers and school districts around the state confused about what resource officers could and couldn’t do and worried about liability. Brainerd was among several districts that opted out of its school resource officer contract with local law enforcement.
Both City Council and School Board members agreed to send letters to state officials asking them to call a special session and rework their law for the safety of the students.
“We implore and expect you to immediately fix this situation so our children and staff feel and are safe in their schools,” the letter from the School Board to Gov. Tim Walz and other lawmakers stated. “We also demand that you all stop playing political football with this issue. Governor, you need to call a special session. Legislators, you need to fix the legislation that never should have been passed. We pray that nothing happens to our children or staff during this ‘fix’ time. If something terrible happens that could have or should have been prevented, it will be shame on all of us for allowing this situation not to be fixed NOW.”
Ellison issued clarifying legal opinions on the law Aug. 23 and Sept. 20, stating the amendments 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 amendments also do not limit the types of reasonable force that may be used by public officers to carry out their lawful duties as described in state statute.
“Reasonable force” is a legal standard that demands a response must be proportional to the threat, based on the totality of the circumstances.
“The standard for reasonable force has not changed, and is highly fact-specific,” Ellison stated in his opinions, adding that “the level of threat posed by a particular student or situation can change rapidly, and any assessment of what use of force was reasonable must take that into account.”
After speaking with City Attorney Joe Langel, Davis told the City Council Monday, Oct. 2, he believes the opinion has addressed a lot of his primary concerns, and he intends to start discussions with the school district about reestablishing the contract.
He expects the council to take up the issue at its next meeting Oct. 16.
]]>