A Chattanooga, Tennessee, public charter school has agreed to pay the family of an 11-year-old boy $100,000 to settle a federal lawsuit claiming that it wrongfully reported the student to police for an alleged threat of mass violence.
The incident happened at the beginning of the school year when Junior, who is autistic, overheard two students talking. (We are using a nickname to protect his privacy.) As Junior later described it, one asked if the other was going to shoot up the school tomorrow. Junior looked at the other student, who seemed like he was going to say yes, and answered yes for him. Students then reported that Junior had threatened to shoot up the school.
Administrators said he could return to school the next day, but hours later, a sheriff’s deputy tracked him down at a family birthday dinner and handcuffed him in the restaurant parking lot.
ProPublica and WPLN News wrote about the case last October as part of a larger investigation into a new law in Tennessee making threats of mass violence at school a felony.
According to the settlement, Chattanooga Preparatory School also agreed to implement training on how to handle threats of mass violence at school, including reporting only “valid” threats to police and differentiating between “clearly innocuous statements” and “imminent” violence.
A federal judge will hold a final hearing on the settlement on July 1. According to the family’s lawyer, this is the first known monetary settlement in a case challenging this law. Chattanooga Prep did not immediately respond to a request for comment from the news organizations.
Junior’s mother, Torri, said the settlement is “bittersweet.” He still gets fearful when he sees police cars, reminded of the evening he was taken to juvenile detention. We are only using Torri’s first name at her request, to prevent her son from being identifiable. His case was dismissed in juvenile court in December.
But Torri said she is happy that employees at the school will get training on how to do better in the future.
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Andrea Morales for ProPublica
“I don’t want anyone — any child, anyone, any parent — to go through it or witness it,” she said. “Other kids will be more protected if they are ever put in that situation.”
Junior’s lawyers argued in the lawsuit that the school was at fault for reporting him to police as though he had made a valid threat, while knowing he had not. “Instead of reporting only valid threats of mass violence to police, Chattanooga Prep reports all threats to law enforcement regardless of validity,” an amended version of the lawsuit against the school reads. The school did not file a response to the legal complaint.
During the last legislative session, advocates for children with disabilities testified about problems with the law — but lawmakers did not alter the existing statute. Instead they added another similar statute to the books, which could open the door for children to be charged with harsher penalties.
The family’s lawyer, Justin Gilbert, said he hopes this settlement will force lawmakers to pay attention and make necessary changes to the law.
“Monetary figures — for better or for worse — can be a driver for policy change, and sometimes legislators can react to that, school districts can react to that,” Gilbert said. “Then that results in a deeper look at the settlement terms and what kind of training is necessary to hopefully prevent these kids from being arrested and expelled unnecessarily.”
