Six new laws afecting school discipline and safety
By David Aron, General Counsel
This Legal Briefs column, written by Education Minnesota attorneys, is one of an occasional series on legal developments that affect educators.
As a new school year begins, educators are busy establishing positive climates in their classrooms, and school buildings and campuses. Many educators are also rightfully concerned with how they should address student behaviors that endanger safety and disrupt learning. In recent years, the Legislature has passed a number of laws that aim to make improvements in school climates. The following is a summary of changes that may affect you and your students.
1. Non-exclusionary discipline law
Passed in 2023, the non-exclusionary discipline (NED) law provides that before a school can suspend or expel a student, they must first exhaust non-exclusionary policies and practices, including referrals to mental health and counseling services. Importantly, the NED contains an exception for student behavior that poses “an immediate and substantial danger to self or to surrounding persons or property.” In addition, the NED law does not prohibit schools from sending a student home for the remainder of a school day, or from removing a student from a particular classroom for misbehavior. Finally, the law requires schools to provide materials and resources to students serving suspensions of five days or longer to allow them to complete all school assignments during the suspension.
Reasons for this law and practical tips for educators:
The NED law is intended to help educators, support personnel, students and their families address the root causes of problematic behaviors and allow students opportunities to remain connected to school while serving longer suspensions. To effectively implement non-exclusionary discipline, schools need to make educators aware of the non-exclusionary discipline options available to them when they encounter disruptive student behavior. Collaborate with your colleagues and seek guidance from your administration so you know what the options are and how you can access them.
2. Prohibition on prone restraints and other holds that restrict breathing
Another provision passed in 2023 affect the scope of allowable physical interventions by school staff. The law allows the use of reasonable force on a student only when there is a risk of bodily harm or death to a student or others; force to correct or restrain a student is no longer allowed unless they pose a safety threat. But in 2024, the Legislature removed the requirement that the safety threat be “imminent” for reasonable force to be used. The law also prohibits educators from using prone restraints (placing a student face down) or other physical restraints that restrict students’ ability to breathe or communicate distress. These prohibitions had already been in place for students with disabilities, but they now apply to all students.
Reasons for this law and practical tips for educators:
Although we don’t believe prone restraints were being used on students, this law reflects concern about the danger that they pose because of their potential to restrict breathing. Ideally, staff should be trained in proper hold procedures if they are working in environments where students are likely to become physically aggressive. Staff should also seek clear guidance or policies from administration about whether they are authorized or expected to intervene in fights between students, as districts and schools may vary on this point.
3. School district cell phone policy requirement
A new law passed in 2024 requires all school districts and charter schools in the state to adopt a policy on students’ use and possession of cell phones in schools no later than March 15, 2025. The law also requires that “the Minnesota Elementary School Principals Association and the Minnesota Association of Secondary School Principals must collaborate to make best practices available to schools on a range of different strategies in order to minimize the impact of cell phones on student behavior, mental health, and academic attainment.”
Reasons for this law and practical tips for educators:
This law is a response to growing concern about the mental health toll and academic harms associated with adolescents’ excessive use of cell phones and social media, especially at school. Since the law does not contain any requirements for these policies beyond the language above, districts and charter schools have wide latitude to craft their policies. The two principals’ associations created the legally required guidance in July of 2024, which is available on the Minnesota School Board Association website, mnmsba.org. While cell phone policies are not likely to be a mandatory subject of bargaining, we would still recommend classroom educator representation on any committees or workgroups formulating these policies, since classroom educators will be on the front lines of their implementation.
4. Paraprofessional training requirements
For many years, Education Minnesota has advocated for paraprofessionals and other student support staff to receive better, more consistent, paid professional development early in each school year, particularly as it relates to the specific educational and emotional needs of their students. In 2023, the legislature required and provided funding for school districts to provide all paraprofessionals, Title I aides, and other instructional support staff with at least eight hours of paid orientation or professional development annually. Six of the eight hours must be completed before the first instructional day or within 30 days of hire. The law also states that “[t]he orientation or professional development must be relevant to the employee’s occupation and may include collaboration time with classroom teachers and planning for the school year. For paraprofessionals who provide direct support to students, at least 50 percent of the professional development or orientation must be dedicated to meeting the requirements of this section.”
Reasons for this law and practical tips for educators:
This law was a response to countless stories of paraprofessionals, teachers, and parents frustrated with the lack of time for paraprofessionals and other student support staff to receive adequate paid time to prepare for a new school year. We strongly encourage paraprofessionals and union leadership to be vigilant in ensuring that this training occurs and is “relevant to the employee’s occupation.” Paraprofessionals should also request to review the IEPs of the students they serve during this orientation period, which is guaranteed in another statute, also because of Education Minnesota’s advocacy. If there are concerns about a district not providing the training, contact your Education Minnesota field representative for assistance.
5. Student data privacy act
Some schools in Minnesota and around the country have contracted with technology companies to track online behavior by students that may pose a threat to the student or the school community. In 2023, the legislature passed the Student Data Privacy Act (SDPA). In addition to prohibiting technology providers from selling or disseminating educational data for commercial purposes, such as marketing or advertising to students or parents, the SDPA also places restrictions on the use of software that records students, tracks their locations, or monitors their online activity unless one of several listed justifications exists, including when the monitoring is pursuant to a warrant or “is necessary to respond to an imminent threat to life or safety and the access is limited to that purpose.”
Reasons for this law and practical tips for educators:
A number of news outlets reported on spyware systems that tracked the online activity of students without their knowledge or permission while they used school devices or Wi-Fi. This law curtails surveillance activity that may have violated students’ privacy rights, while still allowing monitoring for students reasonably suspected to pose a safety threat. School administrators and IT staff should familiarize themselves with this law to ensure they are in compliance.
6. Extreme risk protection orders
Minnesota’s “red flag” law, passed in 2023, allows certain individuals to request what is called an extreme risk protection order (ERPO) from a court to temporarily prohibit someone from purchasing or possessing a firearm during a crisis when they are at risk of harming themselves or others. The law authorizes a person’s immediate family, household, or partners, as well as members of law enforcement, to petition a court for an ERPO on someone’s behalf by providing a sworn statement detailing why the person poses a risk of harm to themselves or others if they possess a firearm. If an ERPO is granted, the subject must surrender or transfer any firearms within 24 hours or be subject to a warrant to have them removed by law enforcement.
Reasons for this law and practical tips for educators:
Gun violence and school shootings are an all-too common fear for students, parents, and educators. While this law is not the only tool to reduce these tragedies, it provides a new mechanism for communities to respond quickly while still preserving the due process rights of gun owners. The law does not allow educators to petition courts for an ERPO on behalf of a student, but educators can and should share any concerns about students who have engaged in threatening behavior and are known to have access to firearms to their administration so that they may contact law enforcement about a potential ERPO.
“Know Your Rights” guide and training available to members
This content is excerpted from a longer “Know Your Rights” manual and training that the Education Minnesota legal department recently created for members. If you would like to view the full guide, contact your Education Minnesota field representative. If you are a local or IO leader and would like to request training from an Education Minnesota attorney on these topics, contact your Education Minnesota field representative as well. We hope this information is helpful in ensuring that you, your colleagues, and your students have a safe and productive school year.
