In response to ICE Immigration enforcement actions, students in Texas and across the country have engaged in walkouts and protests during the school day. Texas’ response appears to focus on holding educators and school districts accountable for student protests. Districts need to proactively plan and take appropriate action to address student misconduct associated with disruption of school in order to respond to what appears to be heightened oversight by the state.  

On February 3, 2026, TEA sent out a “To the Administrator Addressed” Memo (TAA) in response to student protests and statements by various state-wide leaders. (It’s an election year, y’all).  The TAA reiterates and emphasizes existing requirements for student safety, educator ethical obligations, compulsory attendance and PEIMS accounting. The message conveyed is that if students walkout, specific attention will be paid to investigating districts and educators.

Prepare and Communicate Policies Clearly

Review and distribute district policies on student absences, protests, and staff conduct to all employees,students, and parents in advance, emphasizing that walkouts are not endorsed by the school and that participation may result in unexcused absences and disciplinary action. Additionally, explain the consequences of unexcused absences and missing or late assignments due to unexcused absences.  

Ensure Staff Understand Responsibilities

·      Staff should understand that public school students in the United States retain First Amendment rights to freedom of speech and expression while at school and generally may engage in symbolic speech (like wearing armbands to protest), distribute materials, wear expressive clothing, or speak out on political or social issues, provided the expression does not cause a material and substantial disruption to school activities or invade the rights of others.

·      Staff may and absolutely should try to direct students back to class and students may be disciplined for defiance of administrative directives, disruption of class or school activities or other conduct infractions as appropriate.

·      Designate administrators and school police to monitor any on-campus or near-campus walkouts for student safety, coordinating with local law enforcement if protests move off-campus, while ensuring school staff remain on-site and do not join or guide the activity.

·      Instruct all employees that they must not participate in, plan, encourage, endorse, or facilitate student walkouts.

Documentation for Administrative and Disciplinary Uses

·      To the extent possible, document participation and the nature of any disruption.  Pull security video to identify participants departing class or the building at the time of the protest and retain for later disciplinary use.

·      Request teachers provide reports of students who walked out of class.

·      Mark participating students’ unexcused absences from school or from class if required by Attendance reporting requirements, and refer students to the administration for skipping class or truant conduct if warranted by the facts.

·      Notify parents of their child’s participation.

Truancy

·      If a student has three unexcused absences within a four-week period, schools must notify the parent, inform them of their duty to monitor and require their student to attend school, warn that the student is subject to truancy prevention measures under Section Tex.Educ. Code § 25.0915, and request a conference to discuss the absences.

Parent Grievances

The TAA Memo appears to encourage parent grievances if it is perceived in the event educators are encouraging or participating in protests. This could potentially trigger TEA scrutiny and oversight of both the district and individual educators. Having clearly defined responses, roles, procedures, and collaborating with parents before a protest is anticipated may alleviate concerns, avoid and facilitate response to a complaint.

Attorney General Investigations

The Texas Attorney General has sent investigative notice letters to school districts accusing them of taking no action and requesting documents via the Texas Public Information Act such as the following:

·      All policies and training material related to student ingress and egress to and from campus.

·      All communications related to the student protests during specified timeframes.

·      Any alternative or additional guidelines for excused absences adopted by schools.

·      All policies concerning adverse consequences for students who leave school without permission during the school day.

The district must respond to the Public Information Request. Gather the materials and determine whether an exception may apply.

Finally

If a protest is anticipated, review responsibilities for student safety, supervision, and attendance. Additionally, you should review your district-specific policies, safety procedures, and communication plans in advance. Educators need to maintain strict boundaries on involvement and avoid any action that could be perceived as facilitation of a walkout or protest.

Administrators should try to discourage, but most likely cannot prevent mass walk-outs in response to ICE Immigration enforcement actions, and while students have 1^st Amendment rights, they do not extend to disruption of school activities. Taking documented, proactive measures before, and appropriately addressing student misconduct after, should afford some measure of protection from investigations by the state.  Should questions about this Legal Brief, the Texas Public Information Act or in the event you receive notification of an investigation, contact Leon, Alcala, Morse & Reynolds or your district’s counsel for further guidance.

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