In response to ICE Immigration enforcement actions, students in Texas and across the country have engaged in walkouts and protests during the school day. This is to summarize the legal rights and responsibilities of school administrators in this difficult moment.

Student Political Speech

‍Students generally have the right, under the First Amendment to the Constitution, to engage in political expression (remember the black anti-war armbands in Tinker v. Des Moines Indep. Comm. Sch. Dist.). Students may exercise that right at school, however, only to the extent that such expression is not “materially disruptive” to the operations of the school, and to the extent that the expression does not “collide” with the rights of others. While this area of law can be exceedingly complex, the purpose of this legal brief is to offer some common-sense guidelines for administrators.

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‍What is material disruption? Know that whether a particular form of student speech is ultimately found to be materially disruptive may be the subject of a court’s ruling in the future. In the moment, however, administrators can assist the future judge in reaching a favorable decision by documenting either the disruption, or the reasonable anticipated disruption.

Example: Administration learns that students plan to wear face masks and blow whistles in protest of ICE enforcement actions. The students plan to meet across the street from the high school, off school property, during the lunch hour. The high school has an open campus and allows students to leave for lunch.

Considerations: As an administrator, you may have legitimate concerns that the sound of the whistles will interrupt instruction or testing. You may also have legitimate concerns that campus law enforcement will have difficulty distinguishing students from other protestors, encumbering your SRO’s ability to keep students safe. These legitimate concerns could result in the material disruption of the safe and orderly operation of the school, and should be documented. Your announcements to parents and students should contain this well-reasoned concern for the safe operation of the school. Disciplinary consequences for violating your administrative decisions (prohibiting the blowing of whistles, prohibiting the wearing of masks, etc.) should be consistent with the District’s code of conduct. In contrast, the decision to change school rules based solely on concerns that the students’ opposition to ICE will reflect poorly on the campus in the media may not sufficiently support the material disruption test and could lead to an adverse legal outcome.

Disciplinary consequences for violating your administrative decisions should be clearly communicated with families. Such communications should reflect reasonable administrative concerns regarding student safety and academic interests, rather than the subject matter of the anticipated student speech.

TEA’s “To the Administrator Addressed” On February 3, 2026, TEA sent out a “To the Administrator Addressed” Memo (TAA) in response to student protests. 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 walk out, attention will be paid and investigations of districts and educators that either encourage or take insufficient steps to enforce school rules may be possible.

The TAA makes clear that educators and school districts are accountable for failing to implement reasonable measures to keep students in school and avoid disruption. Districts should proactively plan and take appropriate action to address student misconduct associated with disruption of school. During the planning process, keep in mind that clear communication with families and students reflecting the reasonable administrative interest to maintain the orderly operation of schools and the safety of students is essential.

Prepare and Communicate Policies Clearly School leaders should include reference to district policies on student absences, protests, and staff conduct to all employees, students, and parents in communications on this topic. Communications with stakeholders should make clear that walkouts are not endorsed by the school and that participation may result in unexcused absences and disciplinary action. Additionally, existing school policies describing the consequences of unexcused absences and missing or late assignments due to unexcused absences should be communicated.

Communicate with Staff

• Communications with staff should reflect the expectation that campuses provide a safe learning environment, free from material disruption. In the absence of disruption, students should be permitted the ability to engage in symbolic speech or expression, so long as that speech or expression otherwise conforms with school rules. Be wary of developing new school rules with the intent to address a specific form of student expression.
• Staff may and absolutely should try to direct students back to class in the event of a walk-out, 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, and ensure that 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 Consequences

• 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 truancy if warranted by the facts.

Attorney General Investigations

The Texas Attorney General has sent investigative notice letters to some school districts seeking documents via the Texas Public Information Act such as:

• Policies and training material related to student ingress and egress to and from campus.
• Communications related to the student protests during specified timeframes.
• Alternative or additional guidelines for excused absences adopted by schools.
• Policies concerning adverse consequences for students who leave school without permission during the school day.

A District that has engaged in advance planning and clear communication on these topics will be in a strong position to respond to such investigative actions.

Finally

If a protest is anticipated, review responsibilities for student safety, supervision, and attendance. Review your district-specific policies, safety procedures, and communication plans in advance. Educators should maintain strict boundaries on encouraging or becoming involved with any action that could be perceived as facilitating a walkout or protest.

While students have First Amendment rights, those rights do not extend to disruption of school activities. Taking documented, proactive measures before, planned action during, and appropriately addressing student misconduct after student protests will serve to prevent legal challenges and maintain a safe school environment.