A 13-year-old with autism got arrested after his backpack sparked fear. Only his stuffed bunny was inside.
Disability rights advocates said kids like Ty should not be getting arrested under Tennessee’s school threats law.
By Aliyya Swaby, ProPublica, and Paige Pfleger, WPLN/Nashville Public Radio.
This story was originally published by ProPublica.
On the second day of school this year in Hamilton County, Tennessee, Ty picked out a purple bunny from hundreds of other plushies in his room. While his mom wasn’t looking, the 13-year-old snuck it into his backpack to show to his friends.
It was the 10th anniversary of his favorite video game franchise, Five Nights at Freddy’s, and Bonnie the bunny is one of the stars. Ty has autism and Bonnie is his biggest comfort when he gets agitated or discouraged. No one other than Ty, not even his mom, is allowed to touch Bonnie.
Ty was new to Ooltewah Middle School, located just east of Chattanooga. In class that morning, he told his teacher he didn’t want anyone to look in his backpack, worried they would confiscate his toy, according to Ty and his mom. When the teacher asked why, Ty responded, “Because the whole school will blow up,” he and his mom recalled.
School officials acted quickly, Ty’s mom said: The teacher, who had only known Ty for one day, called a school administrator, who got the police involved. They brought Ty to the counselor’s office and found Bonnie in the backpack. As Ty stood there, he said, confused about what he had done wrong, the police handcuffed him and patted him down before placing him in the back of a police car.
“I think they thought an actual bomb was in my backpack,” Ty told ProPublica and WPLN. But he didn’t have a bomb. “It was just this, right here,” he said, holding Bonnie. “And they still took me to jail.”
The sheriff’s department issued a press release about the incident stating that police checked the backpack and it was “found to not contain any explosive device.” ProPublica and WPLN are using a nickname for Ty at his mother’s request, to protect his identity because he’s a minor. The sheriff’s department didn’t respond to questions about Ty’s case. The Hamilton County School district, which includes Ty’s school, declined to respond, even though his mother signed a form giving officials permission to do so.
Ty’s arrest was the result of a new state law requiring that anyone who makes a threat of mass violence at school be charged with a felony. The law does not require that the threat be credible. ProPublica and WPLN previously reported on an 11-year-old with autism who denied making a threat in class and was later arrested at a birthday party by a Hamilton County sheriff’s deputy.
Advocates had warned Tennessee lawmakers during this year’s legislative session that the law would be particularly harmful for students prone to frequent outbursts or disruptive behavior as a result of a disability.
Lawmakers did include an exception for people with intellectual disabilities. And according to Ty’s mom and a school district psychological report, Ty has an intellectual disability as defined by Tennessee statute, in addition to autism. But the family’s lawyer said there is no evidence that law enforcement took that into consideration — or even checked to see if Ty had a disability — before handcuffing and arresting him.
The law doesn’t state how police should determine whether kids have intellectual disabilities before charging them. Rep. Cameron Sexton, the Tennessee House speaker and Republican co-sponsor of the law, said Ty’s case shows that “there may need to be more training and resources” for school officials and law enforcement.
Rep. Bo Mitchell, a Nashville Democrat who co-sponsored the law, said he hoped the exception for kids with intellectual disabilities would be enough to keep students like Ty from being arrested. “No one passed that law in order for a child with any type of disability to be charged,” he said.
But he said the law was still necessary to help prevent hoax threats that disrupt learning and terrify students. “I don’t know whose level of trauma is going to be the greatest: the kids in the classroom wondering if there’s an active shooter roaming their halls or a kid that didn’t know better and says something like that and gets arrested,” Mitchell said. “It’s a no-win situation.”
The state does not collect information about how the felony law, which went into effect in July, has applied to kids with disabilities like Ty. Data from Hamilton County provides a limited glimpse. In the first six weeks of the school year, 18 kids were arrested for making threats of mass violence. A third of them have disabilities, more than double the proportion of students with disabilities across the district.
Before the academic year began, Ty’s mom sent an email to school officials asking for their help to make her son’s transition to eighth grade as smooth as possible.
Ty’s specialized education plan states that he is social and friendly with other students but regularly has outbursts and meltdowns in class due to his disability. He struggles to regulate his feelings when asked to follow classroom guidelines and to understand social situations and boundaries.
Federal law prohibits his school from punishing him harshly for those behaviors, since they are caused by or related to his disability. But Ty’s principal later told his mom in an email that Tennessee’s threats of mass violence law requires school officials to report the incident to police.
When Ty’s mom got the phone call that her son was going to be arrested, she said it was her worst fear come true: Her son’s autism was mistaken for a threat. “Once you looked at his backpack, if there was nothing in there to hurt anyone, then why did you handcuff my 13-year-old autistic son who didn’t understand what was going on and take him down to juvenile?” she said.
Disability rights advocates said kids like Ty should not be getting arrested under the current law. And they tried to push for a broader exception for kids with other kinds of disabilities.
In a meeting with Mitchell before the law passed, Zoe Jamail, the policy coordinator for Disability Rights Tennessee, explained that the legislation could harm kids with disabilities who struggle with communication and behavior — such as those with some developmental disabilities — but aren’t diagnosed with an intellectual disability. She proposed language that Mitchell and other sponsors could include in the law, to ensure children with disabilities were not improperly arrested.
“No student who makes a threat that is determined to be a manifestation of the student’s disability shall be charged under this section,” one version of the amendment read.
The amendment was never taken up for a vote in the state legislature. Lawmakers passed the narrower version instead.
“I think it demonstrates a lack of understanding of disability,” Jamail said.
Sexton, the Republican House speaker, said kids with disabilities were capable of carrying out acts of mass violence and should be punished under the law. “I think you can make a lot of excuses for a lot of people,” he said.
Ty still doesn’t fully grasp what happened to him, and why.
On a recent morning in October, Ty turned the stuffed bunny toward his mom and asked, “Is he the reason why I can’t bring plushies anymore?”
Ty’s mom told him the reason is because he didn’t ask first. “You can’t just sneak stuff out of the house,” she said.
“Will I get in trouble for that?” he asked her.
“Yeah, absolutely,” she said. “You want them to possibly think it’s another bomb and take you back down to kiddie jail?”
“No,” he said, emphatically.
After the incident, Ty’s middle school suspended him for a few days. His case was dismissed in juvenile court soon after.
The principal told Ty’s mom in an email that if Ty said something similar again, the school would follow the same protocol. She decided to transfer him out of Ooltewah Middle School as soon as she could.
“Whenever we go past that school, Ty’s like: ‘Am I going back to jail, mom? Are you taking me back over there?’ He’s for real traumatized,” she said. “I felt like nobody at that school was really fighting for him. They were too busy trying to justify what they did.”
Mitchell, the Democratic representative, said he was “heartbroken” to hear that Ty was handcuffed and traumatized. But, he added, “we’re trying to stop the people who should know better from doing this, and if they do it, they should have more than a slap on the wrist.” He said he would be open to considering a carve-out in the law in the upcoming legislative session for kids with a broader range of disabilities.
But, he said, he believes that the law as it stands is making all children in Tennessee, with or without disabilities, safer.
The Americans with disabilities act stipulate that laws can be bent in order for people with disabilities to participate fully and things like school.
Sexton is an asshole who sounds like he doesn’t have a clue about people with disabilities.