Tennessee School Threat Laws Impact All Students, Especially Disabled Ones

By Darius Spearman (africanelements)

Support African Elements at patreon.com/africanelements and hear recent news in a single playlist. Additionally, you can gain early access to ad-free video content.

KEY TAKEAWAYS
Tennessee’s law mandates felony charges for all threats of mass violence.
This law disproportionately affects students with disabilities, including autism.
Ty, a 13-year-old boy with autism, was arrested for a harmless comment.
A significant percentage of students arrested under this law are Black and disabled.
The law leads to severe penalties like expulsion and loss of driving privileges.
Advocates argue for comprehensive reforms to protect vulnerable students.

Tennessee’s School Threat Laws: A Tough Reality for Students with Disabilities

Following the tragic shooting at Nashville’s Covenant School in March 2023, Tennessee lawmakers quickly enacted laws to curb mass violence threats. Though their aim was honorable, this law negatively affects many students, especially those with disabilities. It mandates police to label threats by children and adults as felonies, no matter the threat’s credibility. This harsh policy has led to a spike in young students’ arrests, many with mental and intellectual challenges.

The Uneven Impact on Students with Disabilities

Because the law is broadly applied, it raises alarms among disability rights groups. Federal law forbids harsh punishment of disabled students for behaviors linked to their disability. Yet, Tennessee’s law seems to overlook this important protection. Although the law makes exceptions for those with intellectual disabilities, advocates claim it’s too limited and misses other vulnerable students.

In Hamilton County, data shows a significant impact on disabled students. About 33% of students arrested for threats had disabilities, twice the percentage of disabled students in the district. This stark disparity highlights the urgent need for better school safety methods that don’t target vulnerable students.

The Story of “Ty”: A Warning Sign

“Ty,” a 13-year-old Black boy with autism, illustrates the law’s negative effects. Fearing trouble, he mentioned his school might “blow up” if his stuffed bunny was taken away. Although his words were harmless, Ty was handcuffed, taken to juvenile detention, and suspended.

This event sheds light on the risks at the junction of disability, race, and the justice system. In Hamilton County, 39% of students arrested for threats were Black versus 30% of the general student population. This shows a system deeply flawed by systemic racism and unfair treatment of disabled students.

The Legal Tangle: Felony Charges and Harsh Outcomes

Under Tennessee’s law, students making threats endure severe punishments, impacting their lives dramatically. The rule forces police to label threats as felonies, affecting students’ lives through arrests, school suspensions, or even juvenile detention.

These penalties extend beyond legal troubles. Convicted students may lose their driving privileges for a year. Additionally, if their threat is considered genuine, they may face school expulsion for a year. These penalties can hinder educational and personal growth, leading to ongoing involvement in the justice system.

Challenging the Roots of Systemic Racism

The implementation of Tennessee’s threat law shows the deep-seated issue of systemic racism within education and justice systems. By unfairly affecting Black students and those with disabilities, it continues a cycle of marginalization and criminalization.

The overrepresentation of Black and disabled students in these legal troubles is not by chance. It reflects ingrained biases and structural inequalities within our society. Rather than isolated incidents, these differences demonstrate a system that keeps the old order at the cost of marginalized groups.

The Need for Broader Reform

The law includes some protections for people with intellectual disabilities, yet they are lacking. Advocates push for more changes, broadening exceptions for various disabilities. However, fixing these issues requires more than small adjustments.

We need to fundamentally rethink our strategies for school safety and discipline. This new mindset should ensure the well-being of all students, particularly those from marginalized communities. Schools should emphasize restorative justice, mental health support, and proper training for educators and police working with disabled students.

The Lasting Effects of Felony Charges on Youth

Felony charges can have a lasting impact on young people’s lives. They carry severe legal penalties and can follow a person for years. In Tennessee, students who make threats face felony charges, even if the threat lacks credibility. This approach can derail a student’s future (The Long-Term Implications of a Felony Record).

Felony convictions can affect many areas of life. They can limit job opportunities, housing options, and access to education. This makes it hard for young people to rebuild their lives after an offense. They may struggle to find work or continue their education (The Long-Term Consequences of a Felony on Your Life).

Moreover, these harsh penalties often do not take into account the needs of students with disabilities. Many young people facing charges have conditions that affect their behavior. These include intellectual disabilities, learning disabilities, and mental health conditions.

Systemic Racism in the Juvenile Justice System

Systemic racism refers to the way institutions disadvantage certain racial groups. It’s not just about personal prejudice; it’s built into laws and policies. Students of color are more likely to face harsh punishments in schools. This includes arrests and felony charges.

In Hamilton County, Black students make up 30% of the student population. However, they account for 39% of those arrested for making threats. This disparity shows how systemic racism affects these students. It leads to unequal treatment and outcomes.

Promoting Restorative Justice in Schools

Restorative justice focuses on repairing harm rather than punishing offenders. It’s an approach that involves the victim, the offender, and the community. In schools, this can mean mediation, counseling, and support services. These practices help students learn from their actions.

Instead of facing felony charges, students can address their behavior in a constructive way. This reduces the chances of reoffending. By adopting restorative justice, schools can support students with disabilities and students of color. It creates a safer and more supportive environment for everyone.

Recognizing the Effects of Trauma on Behavior

Many students who act out may be dealing with trauma. This can affect their behavior and emotions. It’s important for schools to understand and address trauma. Misinterpreting behavioral issues can lead to unfair punishments.

By providing mental health support, schools can help students heal. This can prevent negative outcomes like arrests and suspensions. Understanding trauma can lead to better responses to student behavior.

The Role of Advocacy and Community Support

Advocates are pushing for changes to protect students with disabilities. They call for policies that consider the diverse needs of all students. Community support is vital in this effort. Families, educators, and organizations can work together to influence policy.

By raising awareness and lobbying for change, communities can help create fairer systems. This benefits students and promotes equity. It also helps address the systemic issues that lead to disparities.

Conclusion: A Call for Change

The tough reality of Tennessee’s school threat laws challenges us to dismantle systemic racism and bias within education and justice systems. As champions of social justice, we must push against these unfair structures and demand real reform.

Merely changing laws isn’t enough. We must scrutinize the foundations of these systems and strive to build a society that genuinely respects and protects all its people, no matter their race, disabilities, or other attributes. True justice and equality are possible only then.

FAQ

Q: What is Tennessee’s new school threat law?
A: Tennessee’s school threat law mandates that individuals, including students, who make threats of mass violence are charged with felonies, regardless of the threat’s credibility.

Q: How does this law impact students with disabilities?
A: The law has led to a surge in arrests among students with disabilities, disproportionately affecting them compared to their peers, as it does not fully comply with federal protections against harsh punishment for behaviors related to disabilities.

Q: Can you give an example of the law’s consequences?
A: A notable example is a 13-year-old boy with autism who was arrested after expressing a harmless concern about a toy. This incident illustrates the law’s unintended and harsh impact on vulnerable students.

Q: What are the consequences for students charged under this law?
A: Students face severe penalties, including felony charges, potential arrest, suspension, and expulsion from school, which can significantly affect their future opportunities.

Q: What do advocates suggest for reform?
A: Advocates are calling for a comprehensive reform of the law, emphasizing the need for a focus on restorative justice, increased mental health support, and better training for educators on issues related to students with disabilities.

ABOUT THE AUTHOR

Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.