Hennepin County Attorney Mary Moriarty has sown fresh confusion over the fate of school resource officer programs a week after Minnesota Attorney General Keith Ellison offered a clarification intended to settle the issue.
While Ellison said school resource officers may restrain students if they're breaking the law, Moriarty on Wednesday gave law enforcement officials under her jurisdiction a different interpretation.
The upshot of Moriarty's letter, first reported by KARE 11 and obtained by the Star Tribune, is that school resource officers should only restrain students if they pose the risk of physical threat to themselves or others. That's the same authority that bus drivers or other school employees currently hold.
"This statutory change indicates that the legislature wants SROs aligned with school personnel in terms of the tools used to interact with youth in schools," Moriarty wrote.
Jeff Potts, executive director of the Minnesota Chiefs of Police Association, said Moriarty's interpretation of the student restraint law "puts us back to where we were roughly two weeks ago."
That's when Minnesota Republicans and several law enforcement officials pushed Gov. Tim Walz to order the Legislature into a special session to amend the law. House Minority Leader Lisa Demuth, R-Cold Spring, renewed that call in response to Moriarty's letter.
"Waiting until next session — six months into the school year — to even consider making changes is not acceptable," Demuth said in a statement. "House Republicans are ready to hold hearings and develop a bipartisan fix that puts the safety of our students and teachers first."
Late last week, several associations representing Minnesota law enforcement officials gave members the go-ahead to reinstate school resource officer programs. That was based on Ellison's assurances that police stationed in schools would not be held to a different standard than their colleagues when it came to enforcing the law and that legislators would clarify language in state law to that effect next year.