Tennessee Lawmakers Amend School Threats Law to Protect Students

Tennessee lawmakers passed legislation this week to amend the state's controversial threats of mass violence law. The new law stipulates that school officials must only report threats they deem 'credible,' which means reasonably expected to be carried out. Previously, school administrators faced misdemeanor charges for failing to report any threat of mass violence.

This change follows an investigation by ProPublica and WPLN, which revealed that many children, including those with disabilities and students of color, were wrongly charged under the law. For instance, one autistic teenager was arrested after joking that his backpack would explode, which contained only a stuffed bunny. The mother of that child is currently suing the school district.

Sen. Ferrell Haile, who co-authored the bill, expressed hope that the new legislation would prevent unnecessary arrests of students with disabilities for statements they cannot carry out. He noted that in some counties, it had become common practice to charge every threat, regardless of credibility. This marks a significant shift in Haile's stance, as he previously supported extending the felony threats law to more locations.

While advocates have welcomed the amendment, they caution that it does not fully address the issue. Tennessee law still does not require police to assess the credibility of threats before charging or arresting youth. Zoe Jamail, an advocate for children, stated, 'This is not a total solution to threats of mass violence. It is a huge step forward in terms of signifying an intent by the legislature that noncredible threats shouldn’t be prosecuted.'

Power Read: The amendment to the law grants some leverage back to students and their families, particularly those from marginalized backgrounds who were disproportionately affected by the previous legislation. However, the law still leaves room for police discretion, which could continue to expose vulnerable students to legal repercussions. The strategic play for lawmakers appears to be a balancing act between public safety concerns and the rights of students, especially in light of advocacy pressures and legal challenges.

What to watch: The upcoming decision by Governor Bill Lee on whether to sign the bill into law will be crucial in determining the future of student rights in Tennessee schools.