Tennessee lawmakers passed legislation this week to address the state's controversial threats of mass violence law, which had resulted in children being charged with felonies over jokes and misunderstandings. Gov. Bill Lee is expected to sign the bill, which will require that school officials only report student threats to police if a threat is "credible," meaning reasonably expected to be carried out.
The change comes after pressure from advocates and an investigation by ProPublica and WPLN. Many of the children charged under the previous law had disabilities and were students of color. One of the youngest children charged with a felony was 6 years old.
What the Left Is Saying
Democratic lawmakers and child advocacy groups have long called for reforming the school threats law, arguing that it disproportionately affected vulnerable students. During hearings, Democratic colleagues urged sponsors to consider only applying felony charges to people who intended to carry out threats, a position that gained little Republican support until this year.
Sen. Ferrell Haile, the Republican co-author of this year's bill, said during a late March committee hearing that he hoped the legislation would prevent students with disabilities from being needlessly arrested for statements "they have no ability to carry out."
Advocates are cautiously optimistic about the change. Zoe Jamail, an advocate for children with the nonprofit Raphah Institute, called it "a huge step forward in terms of signifying an intent by the legislature that noncredible threats shouldn't be prosecuted."
What the Right Is Saying
Republicans who previously supported the original law argued it was necessary to maintain school safety. Sen. Haile himself proposed a bill in 2025 that would extend the felony threats law to more locations, including child care agencies, preschools and churches.
Last year, Haile argued that police and district attorneys — not school principals or counselors — should be responsible for determining whether a threat was credible. He said at the time that he believed the existing framework was appropriate.
In some counties, the law has been applied broadly. Haile acknowledged during this year's hearing that "in some counties, it has become a standard practice to charge every threat even if it has been deemed not credible." The new legislation represents a shift from his prior position and that of most other Tennessee Republicans, who refused to back similar language as recently as last winter.
What the Numbers Show
ProPublica and WPLN documented multiple cases where children were charged under the previous law. In one case, an autistic teenager with an intellectual disability told his teacher that his backpack would blow up if anyone touched it. Police found only a stuffed bunny inside, yet he was arrested and charged with making a threat of mass violence.
One family won a $100,000 settlement against a Chattanooga public charter school after claiming their 11-year-old autistic child was wrongly reported to police. Multiple parents also filed a lawsuit against Williamson County Schools, claiming their children were wrongly suspended and arrested after being accused of making threats.
In an initial ruling in the Williamson County case, the judge said the families had a "plausible claim" and allowed the lawsuit to move forward. The school board disputed the claims in court records and moved to dismiss.
The Bottom Line
The legislation represents a significant change to Tennessee's approach to student threats, specifically addressing concerns that children with disabilities were being unfairly criminalized. While advocates applaud the change, they caution it is not a total solution because Tennessee law still does not require police to consider whether a threat is credible before charging or arresting youth.
The bill now goes to Gov. Bill Lee for his signature. Once signed, it will take effect for the upcoming school year. Watch for implementation details and whether schools develop consistent standards for determining threat credibility.