Two Families Sue After 11-Year-Old and 13-Year-Old Students Were Arrested Under Tennessee’s School Threat Law

Two families in Tennessee are suing their school district for violating students' rights under a law that punishes threats of mass violence. One 11-year-old with autism was arrested for allegedly saying "yeah" when asked if he would shoot up the school. Another 13-year-old with intellectual disabilities was handcuffed for saying his backpack would blow up, which contained only a stuffed animal. ProPublica and WPLN previously reported on these arrests and similar incidents in Hamilton County, where police arrested children disproportionately Black and with disabilities. The lawsuits allege the district violated state law by physically restraining students with special needs and failing to follow proper procedure. Disability advocates fought for an exception in the law for students whose disabilities may lead them to make threats but were unsuccessful. Lawmakers only excluded those with intellectual disabilities, leaving other disabilities unprotected. The Tennessee House Speaker does not plan to amend the law. Disability Rights Tennessee plans to push for an amendment to protect more students with disabilities. A federal judge allowed a similar lawsuit against a suburban Nashville school board to proceed, questioning the school's interpretation of the law that led to the suspension and arrest of students for making non-credible threats.