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The Tennessee Conservative [By David Seal] –
In the wake of a mass shooting in Georgia, school systems across the region are dealing with the onslaught of fake threats aimed at disrupting education.
Each threat, bogus or real, must be investigated. This involves the administrative resources of the school system, law enforcement, and in some cases the local district attorney’s office and Department of Homeland Security.
School systems are required by state code, to conduct a threat assessment when mass violence is threatened. (Full Text T.C.A § 49-6-3401)
The process of threat assessment is extremely time consuming and disruptive, absorbing human and financial resources that could otherwise be used to advance education. However, such assessments must be done, and if overlooked, or not taken seriously, the consequences could be catastrophic.
The Tennessee General Assembly enacted legislation during the past few legislative sessions adding definitions to “Zero Tolerance.”
In 2024, Public Chapter 299 added paragraph (D), Mass Violence, to TCA concerning zero tolerance offences.
“Notwithstanding this section or another law to the contrary, a student has committed a zero tolerance offense if the student:
(A) Brings to school or is in unauthorized possession on school property of a firearm, as defined in 18 U.S.C. § 921;
(B) Commits aggravated assault as defined in § 39-13-102 or commits an assault that results in bodily injury as defined in § 39-13-101 (a)(1) upon any teacher, principal, administrator, any other employee of an LEA, or a school resource officer;
(C) Is in unlawful possession of any drug, including any controlled substance: as defined in §§ 39-17-402 – 39-17-415, controlled substance analogue, as defined by§ 39-17-454, or legend drug, as defined by§ 53-10-101, on school grounds or at a school-sponsored event; or
(D) Threatens mass violence on school property or at a school-related activity pursuant to § 39-16-517.” [added 2024]
It has been widely reported that threats of mass violence, defined as “zero tolerance” offenses, require a full one calendar year expulsion from school. However, two loopholes give local school systems the option of not suspending the offender for a full calendar year, or not at all. (See excerpts below from T.C.A. 49-6-3401)
The first loophole hinges on a determination of validity.
“If the director of schools or the head of the public charter school determines, based on the results of the threat assessment required in this subdivision (g)(5), that the threat of mass violence made by the student was not a valid threat, then the student shall not be expelled for committing a zero tolerance offense, but may be suspended in accordance with this section.”
The second loophole falls under school director modification.
“Zero tolerance offense” means an offense committed by a student requiring the student to be expelled from school for at least one (1) calendar year that can only be modified on a case-by-case basis by the director of schools or the head of a charter school.
Other recent Tennessee Public Acts addressing mass violence, and zero tolerance offenses are linked here. pc0915.pdf (tnsosfiles.com) and pc0882.pdf (tnsosfiles.com)
About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and current Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award. David can be reached at david@tennesseeconservativenews.com.
