Special session isn't needed to get cops back in schools

Confusion and conflicting views have muddied the waters on new rules under which school resource officers should operate, causing some agencies to pull their officers from schools. But common sense should prevail in this case.

A recent fight at Mankato East High School required a police response and showed the value of having SROs in the schools.

Some school districts, including Mankato schools, have agreed to temporarily be without school resource officers after hearing police agencies were worried that new rules for restraining students, passed by the Legislature, would create liability for the agencies as they come across student conflicts where they intervene physically.

Other schools, including St. Peter public schools, have kept their officers on campus.

Schools can choose to contract with police agencies for SROs, but it appears in the case here and around the state, police agencies took the lead in pulling their officers.

Republicans have jumped on the issue, demanding a special session to clarify the rules or repeal the law. And while Gov. Tim Walz said earlier he was open to a special session, he later told MPR News that he did not believe one was needed as the details could be worked out with guidance from the attorney general and other government groups.

A coalition of about 40 Democrats issued a statement saying that they strongly opposed a special session to change the law many believe was needed to restrain cases of officer use of force that fell disproportionately on students of color.

Prone restraints are holds that would restrict breathing or make it difficult to communicate distress.

Ellison wrote in his advisory opinion: "The Legislature did not change the types of reasonable force that school staff and agents are authorized to use in responding to a situation involving a threat of bodily harm or death. Of course, what force is 'reasonable' is not defined in law and is determined on a case-by-case basis."

SROs can still separate students who are fighting. What they can't do under the new law is use choke-type holds. That seems reasonable. Even police say using such restraints is not the best option, and there are many ways to de-escalate situations.

Some law enforcement agencies that have pulled their officers say they worry about liability they could face if they could not restrain a student if they were breaking windows or damaging property or if they allowed a fight to get too far. Those may be legitimate concerns, but the evidence is mounting that such a risk of liability would be minimal or at the very least would not exceed the normal level of such risk police officers face every day.

Already the Minnesota Department of Education and the Department of Public Safety are meeting daily to help clarify what the law means. That's a good step. Discussion among reasonable people should eliminate the need for a special session. Given the rhetoric from both political parties, it seems a special session would devolve into political gamesmanship.