Tennessee’s new cyberbullying law was passed with the right goal in mind: protecting students from real harm in an increasingly digital world. Online harassment can be serious, and when threats are involved, swift action is necessary. But as the law is implemented across Tennessee — including here in Knox County — an important question is emerging: Are we escalating some school incidents to law enforcement before schools and families have a real opportunity to address them?
The issue is not whether cyberbullying should be taken seriously. It should be. The question is how the response begins.
When I spoke with Rep. Lowell Russell, who sponsored the legislation, he emphasized that the law does allow discretion. As he explained, charges are not automatically filed. A law enforcement officer or school resource officer is required to make a report to document the incident, but is not required to pursue charges.
That distinction matters — but it also raises another question: If discretion exists at the charging stage, should schools have clearer discretion before a police report is required at all?
Under Tennessee’s education laws, schools are expected to evaluate harassment in context. Administrators look at severity, intent, repetition, and whether a student’s education is being disrupted. That process allows schools to intervene through discipline, counseling, and parent involvement — often the most effective tools, especially for younger students.
But Tennessee’s criminal code defines harassment more broadly. Once law enforcement becomes involved, an official police report is required, even if no one is seeking charges. For private schools without School Resource Officers, that can mean calling the Sheriff’s Office simply to document an incident the school believes it can handle internally.
Charges may not be automatic, but the process itself can feel overwhelming for families. It can also make schools hesitant to continue addressing behavior administratively once law enforcement is involved.
A third question emerges: So what is the right balance?
Parents, administrators, or students should always be able to request police involvement. Credible threats should trigger immediate action. But is it reasonable to ask whether every first-time, non-threatening incident needs to begin with a police report?
A clearer, tiered response may better serve everyone: school and parent intervention first when appropriate, law enforcement involvement when requested or when behavior escalates or becomes threatening.
Protecting kids means stopping harm. It also means asking whether our systems are correcting behavior — or escalating faster than necessary.
That is a conversation worth having.
Det. Brandon Burley (Ret.), M.P.A., is a criminal justice educator whose academic work focuses on reducing recidivism through public policy. He has authored several criminal justice books and has been published in national law enforcement publications.
Follow Detective Burley on his website here.
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