A mother in Minnesota is speaking out against a new state law that she says prevents authorities from taking action against a student who has been repeatedly assaulting her 11-year-old daughter.
Shannon Kobinski told Alpha News that her sixth-grade daughter has been subjected to physical and verbal harassment by a fellow student since last year. The attacks escalated last week, with video footage reportedly showing the alleged bully confronting Kobinski's daughter twice as she got off the bus near their home in Braham, north of Minneapolis.
In one incident on October 26, the footage shows the alleged bully pushing, chasing, and punching Kobinski's daughter in the face and head. The following day, October 27, the daughter was reportedly shoved to the ground. The 11-year-old did not retaliate in either instance, according to the video.
Kobinski took her daughter to a hospital, where the incident was documented as an assault. However, police indicated they could not pursue juvenile delinquency charges against the assailant due to a state law that prohibits children under 13 from being charged with a crime. This law, officially known as HF 5216 and passed in 2024 under the state's Democratic trifecta, went into effect in August.
The law prevents young offenders from being prosecuted for acts that would be considered criminal if committed by an adult. While authorities can investigate and child protection services can intervene, the possibility of formal juvenile delinquency proceedings is eliminated. The law also permits students under 13 who commit offenses to return to school the next day.
Kobinski stated that the Braham Public School District has taken disciplinary measures, including suspension, against the alleged bully, but the behavior has continued. She claims school officials were aware of the ongoing issues and were supposed to keep the two students separated, a directive she believes has not been followed. She also recounted a meeting with Braham Public School District Superintendent Kenneth Gagner and Principal Jeff Eklund, where they reportedly said the student would not be expelled because "all children deserve an education."
Kobinski fears the district is not prioritizing her daughter's safety and education, as the 11-year-old has missed school due to fear of further assaults. She has reached out to the governor, state legislators, the attorney general's office, and the state education department. Braham Mayor Nate George is reportedly planning to issue a press release regarding the situation.
In a Facebook post, Kobinski expressed her determination to hold officials accountable for what she described as a "bullying protection policy" and their actions. She called for community support to demand accountability and ensure rules are applied equally.
Superintendent Gagner issued a statement to Alpha News asserting that the safety and well-being of students are the district's highest priority. He confirmed that appropriate disciplinary action was taken in accordance with district policies and procedures following an investigation into the reported incidents.