The Bills That Could Push Kids Out of School: Talking HB7 and SB31 with James Gallini

Feb 23
3 min read

In the latest episode of "Make It Make Sense Alabama," hosts Whitney Scapecchi and Neeli Faulkner dive into the potential ramifications of two controversial bills currently moving through the Alabama legislature: HB7 and SB31. These bills aim to redefine what constitutes a terrorist threat in schools, raising significant concerns about student rights and safety.

The Bills in Question

HB7, which has already passed the House, seeks to expand the definition of a credible terrorist threat. This includes a requirement for school principals to immediately notify law enforcement if a student's actions could be interpreted as a threat. Additionally, the bill increases penalties for first-degree terrorist threats, elevating them from a class C felony to a class B felony. Another notable aspect is the mandate for restitution, with convicted individuals required to repay emergency response costs, capped at $10,000.

On the other hand, SB31, which is still in the legislative process, mirrors HB7 in its language and intent. Both bills have raised alarms among educators, parents, and advocates for students, particularly those with disabilities.

Expert Insight from James Gallini

Joining the discussion is James Gallini, a special education and civil rights attorney. Gallini emphasizes the negative implications these bills could have, particularly for students with disabilities. He argues that the subjective nature of interpreting student speech under these new laws could lead to increased punitive actions against vulnerable students. For example, he highlights how the existing laws already disproportionately affect students with disabilities, and the new bills could exacerbate this issue.

Gallini shares a harrowing case that illustrates the potential consequences of these proposed laws. He recounts the experience of a 14-year-old boy with autism who was wrongfully accused of making threats based solely on a peer’s perception. The boy spent three weeks in juvenile detention before being released, highlighting the dangers of a system that prioritizes fear over due process.

The Broader Context

The conversation also touches on the historical context of zero-tolerance policies in schools, which many believe contribute to a school-to-prison pipeline. Gallini argues that the current legislative approach fails to address the root causes of safety concerns in schools and instead criminalizes typical childhood behavior. He suggests that the focus should be on creating supportive environments that foster understanding rather than fear.

The Role of Legislation

As the bills progress, questions arise regarding the motivations behind their introduction. Gallini points out that despite claims of increasing safety, there is a lack of data supporting the need for such drastic legislative changes. He urges legislators to consider the real impact on students and to engage with the education community to better understand the challenges schools face.

As Alabama navigates the complexities of school safety and student rights, the proposed HB7 and SB31 bills represent a significant shift in how threats are defined and handled in educational settings. The insights shared by experts like James Gallini emphasize the potential dangers these changes pose, particularly for students with disabilities. Key takeaways include the need for a balanced approach that prioritizes understanding and support over punitive measures. It is crucial for lawmakers to consider the implications of their decisions on the future of Alabama's students.