Current through Register Vol. 49, No. 8, August 19, 2024
Section 121A.58 - CORPORAL PUNISHMENT; PRONE RESTRAINT; AND CERTAIN PHYSICAL HOLDSSubdivision 1.Definitions.(a) For the purpose of this section, "corporal punishment" means conduct involving: (1) hitting or spanking a person with or without an object; or(2) unreasonable physical force that causes bodily harm or substantial emotional harm.(b) For the purpose of this section, "employee or agent of a district" does not include a school resource officer as defined in section 626.8482, subdivision 1, paragraph (c).(c) For the purpose of this section, "prone restraint" means placing a child in a face-down position. Subd. 2.Corporal punishment not allowed.An employee or agent of a district shall not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil to reform unacceptable conduct or as a penalty for unacceptable conduct.
Subd. 2a.Prone restraint and certain physical holds not allowed.(a) An employee or agent of a district shall not use prone restraint.(b) An employee or agent of a district shall not inflict any form of physical holding that restricts or impairs a pupil's ability to breathe; restricts or impairs a pupil's ability to communicate distress; places pressure or weight on a pupil's head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen; or results in straddling a pupil's torso. Subd. 3.Violation.Conduct that violates subdivision 2 is not a crime under section 645.241, but may be a crime under chapter 609 if the conduct violates a provision of chapter 609. Conduct that violates subdivision 2a is not per se corporal punishment under this statute. Nothing in this section or section 125A.0941 precludes the use of reasonable force under section 121A.582.
1989 c 114 s 1; 1990 c 382 s 1; 1998 c 397 art 9 s 20, 26
Amended by 2024 Minn. Laws, ch. 78,s 2, eff. 3/15/2024.Amended by 2024 Minn. Laws, ch. 78,s 1, eff. 3/15/2024.Amended by 2023 Minn. Laws, ch. 55,s 2-36, eff. 7/1/2023.