The lawsuit is a result of two different incidents that took place in August 2023, where two students were accused of using threatening speech. The lawsuit claims that the speech used by the middle schoolers in both incidents did not amount to a threat of mass violence, nor did it constitute actions that could lead to serious bodily injury or the death of two or more people. This definition is based on Tennessee statute 39-16-517.
The application of Tennessee statute 39-16-517, a 2021 “zero tolerance” law that concerns communications of threats of mass violence on school property or at school-related events and mandates the expulsion of students for one year if they are found to have made such threats, is being challenged in the lawsuit.
According to the boy, he only talked about guns during a lunchtime conversation with a friend who shared information about his grandfather’s firearms.
The lawsuit stated that after conducting interviews with school officials and the police, B.N. was arrested for violating the Tennessee statute titled “Threat of Mass Violence on School Property”.
According to the lawsuit, he had to undergo a 24-hour solitary confinement and was instructed to change into jail clothes while a male guard was present, but facing away from him.
According to the lawsuit, B.N. spent four days in jail before being placed under house arrest with his parents. He was completely prohibited from entering any Williamson County School grounds. Moreover, B.N. was facing a 365-day suspension under the zero tolerance rules.
Court documents reveal that B.N. appealed the suspension, and Williamson County Superintendent Jason Golden determined that B.N. had spread a false rumor about a weapon at school. Despite the disruption caused by the joke, Golden allowed B.N. to return to school.
Lifsey was contacted by CNN for a comment.
According to a statement made to CNN by Larry Crain, the families’ attorney, the Tennessee zero tolerance law is being used to harshly punish teenagers for behavior that is typical and harmless.
Court documents reveal that other girls in a chat were teasing H.M. for her darker complexion, going as far as to say she looked Mexican. The full transcript of the chat was obtained by H.M.’s mother.
According to the lawsuit, H.M. faced suspension from school and was directed to undergo a mental health evaluation. She was given the option to choose between voluntary or involuntary commitment to assess her ability to stand trial.
According to the lawsuit, the two students have experienced significant emotional trauma and have been unable to properly manage the mental strain caused by their respective cases.
According to Crain’s statement to CNN, his office has discovered additional cases of children being wrongly handed over to criminal prosecution by the school district since the lawsuit was filed.
He stated that the purpose of this lawsuit is to challenge the constitutionality of the new law in cases where innocent children are affected. Additionally, it aims to hold the school district accountable for disregarding its own internal policies and frequently referring children for criminal prosecution. Compensatory damages are also being sought as part of the legal action.
In response to the tragic mass shooting at Robb Elementary School in Uvalde, Texas earlier this year, Everytown for Gun Safety has published a report for 2022 on strategies to prevent shootings and gun violence in schools.
According to the report, it is crucial to take significant measures to combat gun violence in American schools. The report emphasizes the implementation of proven effective approaches and argues that students facing crises should not be treated like criminals. The report also highlights the negative consequences of the “zero tolerance” policies, such as Tennessee’s, which can end up punishing students that require compassionate intervention for their behavior.
Everytown’s research suggests that zero tolerance policies can have adverse effects on students. Such policies can create a “threatening climate that instills fear and erodes student trust,” ultimately discouraging students from sharing information when they are worried about their classmates. The research further highlights that these policies have an overwhelmingly negative impact on students of color.
According to the report by Everytown, their recommended practice differs from a “zero tolerance” approach, which relies on punitive and criminal justice measures and exclusionary discipline as a form of intervention. Instead, their approach is focused on more inclusive and non-punitive methods.
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