Hendersonville, Tennessee — The parents of a 5-year-old boy with autism are suing the Sumner County Board of Education after their son was referred for an aggravated assault charge following behavioral incidents at school, according to a federal lawsuit.
The child, identified in court filings only as “W.S.”, was a kindergarten student during the 2025-2026 school year. His parents say he needed a full-time one-to-one aide and behavioral support because his autism made it difficult for him to regulate his emotions.
According to an amended complaint, the family requested those supports before the school year began but alleges the district refused to provide them immediately. The parents claim school officials wanted additional evidence showing that the child was struggling before making the requested modifications.
Parents Say They Warned the School About His Behavior
The lawsuit alleges that W.S. was “high-functioning in many respects” but had serious difficulties regulating his emotions.
His parents say they specifically warned school officials that their son could experience behavioral crises without appropriate support. According to the complaint, the district allegedly wanted its own “evidence, or data” demonstrating the need for additional accommodations.
Without those supports, the parents allege that W.S. experienced multiple incidents involving harm to himself or others during August and September 2025.
The complaint says that by Sept. 3, the child had engaged in pushing, shoving or throwing objects at other students.
“By […] September 3, 2025, due to disability, W. had already engaged in pushing, shoving, or throwing objects at other children — and, understandably, those actions by W. had already greatly upset some parents of other children, whom the School District had informed,” the complaint says.
5-Year-Old Was Referred for Aggravated Assault
The situation escalated after a school resource officer spoke with parents about the incidents.
According to the lawsuit, the officer ultimately decided to refer the 5-year-old for aggravated assault, a felony.
The case did not result in a criminal charge from prosecutors. The complaint says the district attorney’s office reviewed the referral and declined to file charges against the child.
The parents argue that the decision to pursue the matter nevertheless caused significant emotional and legal consequences for their family.
Another Parent Allegedly Pursued Juvenile Case
The lawsuit also names a parent who allegedly had two children in W.S.’s class and worked as an assistant principal at another Sumner County school.
According to the complaint, that parent allegedly “pursued actions of vengeance” against W.S. and his parents by personally pursuing a juvenile delinquency petition for more than seven months.
The complaint alleges that the parent represented himself in the proceedings and sought to have the juvenile case continue even after prosecutors declined to bring criminal charges.
The parents further allege that the defendant sought to have W.S. undergo a forensic evaluation concerning his capacity.
Juvenile Petition Was Eventually Dismissed
According to the lawsuit, the family was required to return to juvenile court at least three additional times while the other parent continued pursuing the case.
The complaint alleges that the defendant sought permission to question the forensic examiner and introduce evidence of his own.
Ultimately, the effort did not succeed.
The juvenile petition was dismissed in April 2026, according to the family’s lawsuit.
The parents argue that the prolonged legal process caused additional stress for their son and family, including what they describe as stigma, anxiety and emotional injury.
Family Says School Support Eventually Helped
The parents maintain that the behavioral incidents could have been prevented or reduced if the school had provided the requested accommodations earlier.
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“The failure to provide the requested behavioral supports was a substantial factor in the behavioral crisis that followed,” the complaint says. “The crisis was the precise kind of event the parents had warned would occur without support.”
According to the lawsuit, the necessary support was eventually provided. The family says W.S. subsequently made “adequate educational progress and was promoted to first grade.”
The parents also acknowledged the work of special education staff who support children with disabilities.
“The family appreciates the hard and necessary work of special education teachers and aides who make inclusion possible,” attorney Justin Gilbert told Law&Crime in an email. “Obviously, angry school district employees filing criminal charges against a five year old with autism with developmental delays is unhelpful on many levels.”
Federal Lawsuit Seeks Damages
The family has filed the lawsuit in federal court against the Sumner County Board of Education and the parent named as a defendant.
The case alleges violations involving the Americans with Disabilities Act, the First Amendment and the Fifth Amendment, along with federal and state claims including malicious prosecution, intentional infliction of emotional distress and abuse of process.
The parents are seeking an unspecified amount of damages.
The allegations in the lawsuit are claims made by the family and have not been established as facts by a court. The case will determine whether the defendants are legally responsible for the conduct alleged in the complaint.
What are your thoughts on the situation described in the lawsuit? Do you think schools should have stronger procedures for handling behavioral crises involving young children with disabilities? Share your thoughts in the comments.