Tennessee governor and school district face lawsuit from parents who allege their children were punished due to misinterpretation of a state law.
A legal action has been initiated due to two separate instances in August 2023 in which students at a middle school were accused of making menacing statements. However, as per the lawsuit, the phrases employed by these middle schoolers in these two unrelated situations didn't reach the level of a threat of large-scale violence or actions suggesting severe bodily harm or even the demise of two or more individuals, as stated by Tennessee statute 39-16-517.
This lawsuit objects to the manner in which school officials have interpreted and applied Tennessee statute 39-16-517, a 2021 law that handles communications threatening mass violence on school property or at school-related events and compels districts to expel students for an entire year if they have been found to make these types of threats.
In one of these incidents from August 10, 2023, a 14-year-old boy named B.N. was reported by another student as making remarks about possessing firearms in his backpack, shooting up the school, and owning a bomb at home. However, according to the lawsuit, B.N. had merely mentioned guns when discussing a casual conversation he had had with a different boy regarding the guns his grandfather owned.
After interviews with educators and law enforcement officers, B.N. was apprehended for breaching the Tennessee statute entitled "Threat of Mass Violence on School Property." He was held in solitary confinement for 24 hours and had to change into prison clothing while an adult male guard's back was turned. B.N. was incarcerated for four days and later placed under house arrest in the custody of his parents. The lawsuit states that B.N. was not allowed to set foot on any Williamson County School property and faced a 365-day suspension as per the zero tolerance regulations.
Apparently, following their appeal of the suspension, Williamson County Superintendent Jason Golden came to the conclusion that B.N. had propagated a false alarm about a weapon on school premises. Although the "joke had resulted in disruption at school," Golden permitted B.N. to return. Principal Eric Lifsey allegedly told B.N. and his mother, "You can blame Governor Bill Lee...We don't consider you a threat. That wasn't the case."
CNN made an attempt to contact Lifsey for a comment.
A spokesperson for Williamson County Schools informed CNN via email that they do not provide comments on ongoing litigation.
Governor Lee's office has ignored CNN's request for comment.
Lawrence Crain, the lawyer for the families, said in a statement to CNN, "The new Tennessee zero tolerance law is being used unfairly against children who participate in everyday actions that teenagers typically engage in."
The second incident occurred on August 22, 2023, according to the lawsuit. School officials said that the text of a 13-year-old student at Fairview Middle School, identified as H.M., was judged as a "Threat of Mass Violence."
The text, which was exchanged within a school email group chat, said, "On Thursday, we will eliminate all the Mexicans."
As per court documents, the entire chat transcript, acquired by H.M.'s mother at a later date, revealed other girls within the chat making fun of H.M. for seeming to "look Mexican because of her darker complexion."
When one friend asked H.M. about her plans on Thursday, H.M. "replied in jest, 'On Thursday, we will eliminate all the Mexicans,'" the lawsuit says.
H.M. was apprehended at school, escorted to the Williamson County Juvenile Detention Center, required to undergo a strip search, take a shower with a camera pointed at her, and was questioned about her sexual history, whether she had an abortion or suicidal thoughts.
In addition to her suspension from school, H.M. was ordered to undergo a mental health evaluation. She was given the option of voluntary or involuntary commitment to determine if she was capable of standing trial, the lawsuit says.
The lawsuit alleges that the two students have "suffered significant emotional trauma" and are "lacking the necessary coping tools" to deal with the scenarios surrounding their cases.
Since filing the lawsuit, Crain informed CNN in his statement that his office has come across "several more children who have been incorrectly handed over to criminal proceedings" by the school district.
"The lawsuit aims to declare this law unconstitutional when applied to harmless acts of these children. It also seeks monetary compensation from the school district for breaching their own internal school board policies and consistently referring students for criminal prosecutions," Crain added.
Stopping Bullying and Shootings in Schools: Everytown for Gun Safety's Approach to Ending Gun Violence in Schools
In the aftermath of the 2022 mass shooting at Robb Elementary School in Uvalde, Texas, Everytown for Gun Safety published a report to halt shootings and gun violence in schools.
This report focuses on approaches that have been proven to be most effective and highlights that most students experiencing crises will never resort to violent action, emphasizing the importance of treating them with compassion rather than as criminals. Unfortunately, "zero tolerance" policies like Tennessee's may inadvertently penalize students who require empathetic support instead.
Recent investigations by Everytown have revealed that severe discipline measures, referred to as "zero tolerance policies," can contribute to an intimidating environment that discourages students from opening up about their concerns involving schoolmates. Students of color, particularly, have been affected by these policies to a significant degree.
Everytown recommends a proactive approach instead, one that avoids punishing or adopting a criminal justice mindset, and one that doesn't rely on expulsion as a reaction. This is according to the nonprofit's report.
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The parents, being part of 'us', have taken legal action against the Tennessee governor and school district, disputing the punishments given to their children due to a misinterpretation of the state law.
'Us', referring to the families involved in the lawsuit, are seeking to declare the zero tolerance law unconstitutional when applied to harmless acts of their children and are seeking monetary compensation from the school district for breaching their own policies.
