Full Breakdown
Lawsuit Over Autism Student’s Criminal Charge in Sumner County
By Drooid · · How we work
Core Event: Parents File Federal Suit Against District and Administrator
The parents of a kindergartner with autism have filed a federal lawsuit against Sumner County Schools and Brandon Smart, an assistant principal at Liberty High School. The suit alleges that the district failed to provide a full-time one-on-one aide and other behavioral supports, and that Smart pursued a juvenile criminal petition against the child after a school resource officer charged him with felony aggravated assault. A judge dismissed all criminal charges in April after finding the child incompetent to stand trial.
Background & Context
The family enrolled their son in kindergarten at H.B. Williams Elementary for the 2025-2026 school year and notified the school of his autism and need for intensive behavioral support. Federal law—including the Americans with Disabilities Act (ADA) and the Rehabilitation Act—requires schools receiving federal funds to furnish appropriate accommodations. The district initially declined the request, citing a need to gather evidence, and only provided an aide after further incidents in August and September 2025 involving pushing, shoving, and throwing objects at classmates.
The Sumner County District Attorney’s Office declined to prosecute, but Smart and another parent filed private petitions seeking the child’s removal from school. One petition was later withdrawn; the remaining petition was dismissed in April 2026 when a forensic evaluation concluded the child could not comprehend the proceedings.
Data & Statistics
- The child is five years old.
- Autism affects roughly 1 in 36 children in the United States, according to the CDC’s Autism and Developmental Disabilities Monitoring Network.
- Tennessee law sets no minimum age for criminal charges, allowing children as young as five to face formal petitions.
Official Statements & Responses
Sumner County Schools and Brandon Smart have not responded to requests for comment.
Verbatim Quotes
- “Being a parent, in my heart I don’t think this is about money,” — Brad Meshell, executive director of Jacob’s Audible
- “They could use this as a platform and a voice not only for themselves, but for future schools that hopefully view this incident and take it very seriously,” — Brad Meshell, executive director of Jacob’s Audible
What’s Next
The amended complaint, filed Monday, remains pending in federal court. The plaintiffs seek compensatory and punitive damages, attorney fees, and a jury trial. Sumner County Schools and Smart have an opportunity to file a response, after which the case will proceed toward discovery and potential settlement or trial.