Amy Simonson : Parents Sue TN Governor and School District Over Punishment

By | June 5, 2024

Parents sue Tennessee governor claiming kids were punished

Parents claim school district misinterpreted state statute.

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By Amy Simonson and Rebekah Riess, CNN

(CNN) — Two families have filed a federal lawsuit against Tennessee Governor Bill Lee and the Williamson County School District, alleging that their middle school children were wrongfully arrested, strip-searched, placed in solitary confinement, and forced to undergo evaluations after conversations with peers were misinterpreted as “threats of mass violence.”

The lawsuit, stemming from incidents in August 2023, challenges the application of Tennessee statute 39-16-517, a 2021 law addressing threats of mass violence on school property. The families claim that the speech by the students did not meet the criteria outlined in the statute.

Incident involving 14-year-old student, B.N.

In one incident on August 10, 2023, a 14-year-old boy, identified as B.N., was accused of making threatening statements about having a gun in his backpack and shooting up the school. However, B.N. denied these claims and stated that his comments were related to a conversation about firearms his friend’s grandfather owned.

Following interviews with school officials and police, B.N. was taken into custody for violating the Tennessee statute on threats of mass violence. He was subjected to a 24-hour solitary confinement hold, strip-searched, and placed under house arrest for four days. Despite an appeal, B.N. faced a 365-day suspension under the zero tolerance rules.

Second incident involving 13-year-old student, H.M.

In a separate incident on August 22, 2023, a 13-year-old student at Fairview Middle School, identified as H.M., sent a text in a school email group chat that was deemed a “Threat of Mass Violence.” The context of the chat revealed that H.M. was teased by peers for her appearance, leading to her jokingly saying, “On Thursday, we will kill all the Mexicos.”

H.M. was arrested at school, taken to the Williamson County Juvenile Detention Center, strip-searched, and questioned about personal matters. She was suspended from school and ordered to undergo mental health evaluations, facing the possibility of involuntary commitment.

Legal action and response

The families’ attorney, Larry Crain, stated that the Tennessee zero tolerance law was being misused against innocent children. The lawsuit seeks to declare the law unconstitutional in cases like those of B.N. and H.M. Since filing, more cases of wrongful criminal prosecution by the school district have come to light.

Williamson County Schools declined to comment on the pending litigation, and Governor Lee’s office has not responded to requests for comment.

Impact of zero tolerance policies

A 2022 report by Everytown for Gun Safety highlighted the negative effects of “zero tolerance” policies in schools. Such policies can create a threatening environment, instilling fear and eroding student trust. The report recommends a more compassionate and intervention-focused approach to address student behaviour, rather than punitive measures.

Overall, the families in the lawsuit claim that their children have suffered severe emotional distress and are seeking compensatory damages for the violations of their rights.

CNN’s Emma Tucker contributed to this report.

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Parents sue Tennessee governor and school district, claiming kids were punished after officials misinterpreted state statute

Parents claim Tennessee governor and school district punished kids for misinterpreting state statute.

   

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