School Board Policy 507 -
Corporal Punishment and Prone Restraint

Adopted: july 22, 1996
REVISED: june 11, 2001
revised: september 9, 2002
revised: july 16, 2018
Revised: April 11, 2022
Revised: September 11, 2023
Revised: January 8, 2024
Revised: July 8, 2024
Revised: October 14, 2024

I. Purpose

The purpose of this policy is to describe limitations on the use of corporal punishment and prone restraint upon a student.

II. General Statement of Policy

No employee or agent of the school district shall inflict corporal punishment or use prone restraint upon a student except as provided below.

III. Definitions

A. “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. "Employee or agent of the district" does not include a school resource officer as defined in Minnesota Statutes, section 626.8482, subdivision 1, paragraph (c).

C. “Prone restraint” means placing a child in a face-down position.

IV. Prohibitions

A. An employee or agent of a district shall not inflict corporal punishment or cause corporal punishment to be inflicted upon a student to reform unacceptable conduct or as a penalty for unacceptable conduct.

B. An employee or agent of a district shall not use prone restraint.

C. An employee or agent of a district shall not inflict any form of physical holding that restricts or impairs a student's ability to breathe; restricts or impairs a student's ability to communicate distress; places pressure or weight on a student's head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen; or results in straddling a student's torso.

D. Conduct that violates this Article is not a crime under Minnesota Statutes, section 645.241, but may be a crime under Minnesota Statutes, chapter 609 if the conduct violates a provision of Minnesota Statutes, chapter 609. Conduct that violates IV.1 above is not per se corporal punishment under the statute. Nothing in this Minnesota Statutes, section 121A.58 or 125A.0941 precludes the use of reasonable force under Minnesota Statutes, section 121A.582. The use of reasonable force, as set forth in Section V, does not authorize conduct prohibited pursuant to Minnesota Statutes, section 125.A.0942.

V. Reasonable Force

A. Reasonable force may be used upon or toward the person of another without the other’s consent when the following circumstance exists, or the actor reasonably believes it to exist:

1. when used by a teacher, school principal, school employee, school bus driver, or other agent of the school in the exercise of lawful authority, to restrain a child or student to prevent bodily harm or death to the child, student, or another.

B. Reasonable force may be used upon or toward the person of a child without the child’s consent when used by a teacher, school principal, school employee, school bus driver, other agent of the district, or other member of the instructional, support, or supervisory staff upon or toward a child or student when necessary to restrain the child or student to prevent bodily harm or death to the child, student, or another. Nothing in section Minnesota Statutes, section 609.379 limits any other authorization to use reasonable force, including but not limited to authorizations under Minnesota Statutes, section 121A.582, subdivision 1, and section 609.06, subdivision 1.

C. An employee or agent of the school district may use reasonable force under the conditions set forth in Policy 506 (Student Discipline).

VI. Violation

Employees and agents of the school district who violate the provisions of this policy shall be subject to disciplinary action as appropriate. Any such disciplinary action shall be made pursuant to and in accordance with applicable statutory authority, collective bargaining agreements, and school district policies. Violation of this policy may also result in civil or criminal liability for those school district employees and agents.

Legal References:
Minn. Stat. § 121A.58 (Corporal Punishment)
Minn. Stat. § 121A.582 (Student Discipline; Reasonable Force)
Minn. Stat. § 123B.25(Legal Actions Against Districts and Teachers)
Minn. Stat. § 125A.0941 (Definitions)
Minn. Stat. § 125A.0942 (Standards for Restrictive Procedures)
Minn. Stat. § 609.06 (Authorized Use of Force)
Minn. Stat. § 609.379 ( Permitted Actions)
Minn. Stat. § 626.8482 (School Resource Officers; Duties; Training; Model Policy)
Minn. Stat. § 645.241 (Punishment for Prohibited Acts)

Cross References:
WBLASB Policy 403 (Discipline, Suspension and Dismissal of School District Employees)
WBLASB Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)
WBLASB Policy 415 (Mandated Reporting of Maltreatment of Vulnerable Adults)
WBLASB Policy 506 (Student Discipline)
WBLASB Policy 507.5 (School Resource Officers)