by Aliyya Swaby
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New laws in Georgia and New Mexico are requiring harsher punishments for students — or anyone else — who make threats against schools, despite growing evidence that a similar law is ensnaring students who posed no risk to others.
ProPublica and WPLN News have documented how a 2024 Tennessee law that made threats of mass violence at school a felony has led to students being arrested based on rumors and for noncredible threats. In one case, a Hamilton County deputy arrested an autistic 13-year-old in August for saying his backpack would blow up, though the teen later said he just wanted to protect the stuffed bunny inside.
In the same county almost two months later, a deputy tracked down and arrested an 11-year-old student at a family birthday party. The child later explained he had overheard one student asking if another was going to shoot up the school tomorrow, and that he answered “yes” for him. Last month, the public charter school agreed to pay the student’s family $100,000 to settle a federal lawsuit claiming school officials wrongly reported him to police. The school also agreed to implement training on how to handle these types of incidents, including reporting only “valid” threats to police.
Tennessee requires schools to assess whether threats of mass violence are valid before expelling students. But the felony law does not hold police to the same standard, which has led to the arrests of students who had no intent to disrupt school or carry out a threat.
In Tennessee’s recent legislative session, civil and disability rights advocates unsuccessfully pushed to change the law to specify that police could arrest only students who make credible threats. They argued that very young students and students who act disruptively as a result of a disability should be excluded from felony charges.
Several Tennessee lawmakers from both parties also voiced their dissatisfaction with the school threats law during the session, citing the harm done to children who did not pose real danger. “I’m still struggling through the unintended consequences because I’m still not entirely happy with what we did before,” Sen. Kerry Roberts, a Republican, said at a committee hearing in April. “We’re still struggling to get that right.”
But Greg Mays, the deputy commissioner of the Department of Safety and Homeland Security, told a committee of lawmakers in March that in his “informed opinion,” the law was having a “deterrent effect” on students who make threats. Mays told ProPublica that the number of threats his office was tracking had decreased since the law went into effect. His office did not immediately release that number and previously denied requests for the number of threats it has tracked, calling the information “confidential.”
According to data ProPublica obtained through a records request, the number of students criminally charged is growing, not shrinking. This past school year through the end of March, the number of charges for threats of mass violence in juvenile court has jumped to 652, compared to 519 the entire previous school year, when it was classified as a misdemeanor. Both years, students were rarely found “delinquent,” which is equivalent to guilty in adult court. The youngest child charged so far this year is 6.
Rather than tempering its approach, Tennessee toughened it this year. The Legislature added another, higher-level felony to the books for anyone who “knowingly” makes a school threat against four or more people if others “reasonably” believe the threat will be carried out. Legal and disability rights advocates told lawmakers they worried the new law would result in even more confusion among police and school officials who handle threats.
Despite the outcry over increased arrests in Tennessee, two states followed its lead by passing laws that will crack down harder on hoax threats.
In New Mexico, lawmakers increased the charge for a shooting threat from a misdemeanor to a felony, in response to the wave of school threats over the previous year. To be charged with a felony, a person must “intentionally and maliciously” communicate the threat to terrorize others, cause the evacuation of a public building or prompt a police response.
Critics of the bill warned that even with the requirement to prove intent, it was written too vaguely and could harm students.
“This broad definition could criminalize what is described as ‘thought crimes’ or ‘idle threats,’ with implications for statements made by children or juveniles without a full appreciation of the consequences,” the public defenders’ office argued, according to a state analysis of an earlier, similar version of the legislation.
After a 14-year-old shot and killed four people at Apalachee High School in Georgia last September, the state’s House Speaker Jon Burns vowed to take tougher action against students who make threats.
He sponsored legislation that makes it a felony to issue a death threat against a person at a school that terrorizes people or causes an evacuation. The law, which went into effect in April, says someone can be charged either if they intend to cause such harm or if they make a threat “in reckless disregard of the risk” of that harm.
Neither Burns nor the sponsor of the New Mexico bill responded to requests for comment.
Georgia also considered a bill that would treat any 13- to 17-year-old who makes a terroristic threat at school as an adult in court. But after pushback from advocates, the bill’s author, Sen. Greg Dolezal, a Republican, removed threats from the list of offenses that could result in transfer to adult court.
During a March committee hearing, Dolezal acknowledged advocates’ concerns with the original bill language. “We recognize that there is actually a difference between people who actually commit these crimes and minors who are unwisely threatening but perhaps without an intent to ever actually follow through on it,” he said.
Other states also considered passing harsher penalties for school threats.
In Alabama, Rep. Alan Baker, a Republican, sponsored a bill that removes the requirement that a threat be “credible and imminent” to result in a criminal charge. The bill passed easily in both chambers but did not go through the final steps necessary to make it through the Legislature.
Baker said the broader version of the penalty was intended to target hoax threats that cause panic at schools. A first offense would be a misdemeanor; any threats after that would be a felony. “You’re just talking about a very disruptive type of scenario, even though it may be determined that it was just a hoax,” Baker said. “That’s why there needed to be something that would be a little bit more harsh.”
Baker told ProPublica that he plans to reintroduce the bill next session.
Pennsylvania is considering legislation that would make threats against schools a felony, regardless of credibility. The bill would also require offenders to pay restitution, including the cost of supplies and compensation for employees’ time spent responding to the threat.
In a memo last December, state Sen. Michele Brooks, a Republican, cited the “cruel and extremely depraved hoax” threats following Nashville’s Covenant School shooting as the reason for the proposal. “These calls triggered a massive emergency response, creating perilous conditions for students, teachers and public safety agencies alike,” she wrote.
The ACLU of Pennsylvania opposes the legislation, calling it a “broad expansion” of current law that could lead to “excessive” costs for children.
Pennsylvania’s Legislature adjourns at the end of December.
Paige Pfleger of WPLN/Nashville Public Radio contributed reporting.
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