TEA releases guidance on school walkouts, threatens consequences for teachers who support or encourage protests

On February 3^rd, TEA released guidance regarding the increasing number of student walkouts occurring across Texas. The strongly-worded announcementspells out potentially severe consequences for students, teachers, and school districts if students protest during school hours, including investigation and sanction of teachers as well as state takeover of school districts.

Student walkouts are not a new phenomenon, but the strength of the response signals a shift in how student activism is viewed by TEA and state leaders. Late last month, Gov. Greg Abbott called on Commissioner Mike Morath to investigate the student demonstrations in Austin ISD. Since then, other demonstrations have occurred in multiple school districts in Texas.

School districts are in a particularly difficult position regarding student walkouts. Students have a protected First Amendment right to free speech, and although districts may take measures to ensure that disruption to the learning environment does not occur, districts must ensure that those measures do not infringe on student rights. Accordingly, district responses to student walkouts tend to focus on maintaining order and safety while the walkout itself is occurring. A district may choose to direct teachers that they are not permitted to physically bar students from leaving the campus but remind them that they are still responsible for ensuring student safety during the school day. This may require monitoring the movements and activity of students who have left the campus but remain on school property. TEA's guidance complicates issues for school personnel in an already complex and politically-charged situation.

While state law prohibits school systems from supporting or opposing any forms of political activism that disrupt learning during the school day, a teacher's role in a student walkout can be more complicated. TCTA supports the efforts of school districts to make decisions that are appropriate for their local community. If you are unsure of what to do in the event of a student walkout at your campus, follow your district's directives and ensure that your focus remains on protecting student safety and maintaining an orderly learning environment. Your rights to free speech are not unrestrained while on the job, so be aware that your actions must conform to the district code of conduct and expectations for professionalism.