The Sixth Circuit’s decision in C.M. v. Croswell-Lexington Schools highlights the harsh reality of racial harassment in schools and the steep legal standard families face when seeking accountability. Despite repeated abuse, the court ruled the district’s responses—investigations, discipline, and protective measures—were not “deliberately indifferent.” For Tennessee, this case underscores the importance of schools acting promptly, documenting thoroughly, and fostering inclusive environments, while reminding families to keep careful records if harassment occurs.

Second, T.C.A. 49-6-4502, the portion of the law in Tennessee which defines bullying does not include the terms listed above, terms that most people associate with bullying.  In fact, following the law verbatim would likely lead many educators and parents to assume almost all conflict would qualify as bullying. As a result, the law creates a burden on school officials, confusion for parents and possibly harmful consequences for students.