Governor Signs School Resource Officer Legislation

The measure, which is supported by the League and law enforcement groups, defines school resource officers, requires they receive training, and clarifies the authority they have to restrain students.

Gov. Tim Walz signed a bill into law on March 14 clarifying the authority of school resource officers (SROs). The bill, Chapter 78, authored by Rep. Cedrick Frazier (DFL-New Hope) and Sen. Bonnie Westlin (DFL-Plymouth), was supposed to be fast-tracked during the first days of session in early February, but it moved in fits and starts, ultimately ending up in a conference committee after a surprise amendment was adopted on the Senate floor.

The bill, which represents the work of many stakeholders including the League, passed on bipartisan votes of 119-9 in the House and 61-3 in the Senate. The new law went into effect March 15.

Key provisions in the law

The new law contains several new and clarifying provisions. It:

• Defines the terms “school” and “school resource officer.”
• States that a SRO’s contractual duties with a school district include seven specified items, including:
  • Fostering a positive school climate through relationship building and open communication.
  • Protecting students, staff, and visitors to the school grounds from criminal activity.
  • Serving as a liaison between law enforcement and school officials.
  • Providing advice on safety drills.
  • Identifying vulnerabilities in school facilities and safety procedures.
  • Educating and advising students and staff on law enforcement topics.
  • Enforcing criminal laws.
• Amends the authorization for the use of force to apply in situations where it is necessary to restrain the child or pupil to prevent bodily harm or death to the child, pupil, or another, and clarifies that SROs have the authority to use reasonable force as specified in the use of force section of law, Minnesota Statutes, section 609.06.
• States that an SRO must not use force or the authority of the SRO’s office to enforce school rules or policies, or participate in the enforcement of discipline for violation of school rules.
• States that, beginning on Sept. 1, 2025, any peace officer assigned to serve as an SRO must complete a training course.
• Requires the Peace Officer Standards and Training (POST) Board to develop a model SRO policy by Dec. 31, 2024.

Background

In 2023, the Legislature included provisions in the omnibus education bill amending the chapter of law that governs student rights, responsibilities, and behavior. The amended law generated conflicting legal interpretations and created ambiguity for SROs around when use of certain restraints is authorized in school settings and whether SROs retain the authority to use reasonable force as provided in Minnesota Statutes, section 609.06, the section of law governing use of force by licensed peace officers.

Due to ambiguity in the law and potential civil and criminal liability risks, some local law enforcement agencies suspended or terminated SRO contracts with school districts. In response to conflicting legal interpretations of the new law, the attorney general issued two opinions, the net practical effect of which is that SROs may use reasonable force toward students to carry out a duty that exists by virtue of law but may not use force to enforce a school rule or policy. Although the attorney general’s opinions made the law clearer, it is possible that those opinions could be challenged in court, which could have legal consequences for SROs and their employers.

League position

The League does not advise cities on whether to take part in SRO programs but supports the authority cities and school districts have to enter into agreements for the purpose of keeping schools safe. The League had concerns about the ambiguity created by the 2023 law. The ambiguity increased potential civil and criminal liability risks.

The League called upon the Legislature and governor to work with stakeholders including law enforcement, local government, and education organizations to clarify laws pertaining to the authority SROs have in schools. The League worked closely with the bill’s authors, legislative leaders, the administration, and law enforcement leaders to craft Chapter 78.

The League appreciates the work of multiple stakeholders who worked together to advance this legislation.

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