Texas student walkouts: AG launches investigation into 3 districts

AUSTIN, Texas - The Texas Attorney General is now investigating Dallas ISD over recent student walkouts protesting ICE operations and immigration policies.

Attorney General Ken Paxton announced investigations Wednesday into Dallas ISD, North East ISD in San Antonio, and Manor ISD near Austin.

Why the investigation?

What they're saying:

Paxton's office says that the investigations are due to "concerns that ISD administration and faculty orchestrated the protests."

"It appears that these ISDs have taken little to no action to ensure the safety of students and to stop large-scale interruptions of classroom instructional time," says Paxton's office.

The AG's office says it will be investigating the use of public funds and whether any laws were violated. 

As part of the investigation, Paxton is demanding the school districts turn over:

• Policies regarding students leaving campus
• Excused absence policies
• Security protocols
• Internal communications related to the protests

In a statement, Paxton said:

"I will not allow Texas schools to become breeding grounds for the radical left’s border agenda."

He also said his office will use every legal tool available to hold officials accountable if they unlawfully facilitated participation in protests.

District responses to investigation

The other side:

Manor ISD responded to FOX 7 Austin with a statement, saying:

Manor ISD is aware of the Attorney General’s announcement regarding an investigation related to student walkouts that occurred on our campuses and is confident the review will show that staff followed district procedures and Texas Education Agency guidance, including ensuring attendance guidelines were followed and keeping student safety as the top priority during the days the walkouts occurred.

North East ISD provided a statement as well, saying:

We are aware of the Attorney General’s investigation, which is focused on Churchill High School. We are fully cooperating and gathering documentation to provide to the AG’s Office. In fact, in the spirit of transparency, we are providing additional documentation for other schools as well. NEISD gave guidance to staff before the TEA issued its guidance and it was substantially similar. Staff was informed to follow our policies which dictate that their role is to supervise students, maintain a safe learning environment, and remain professionally neutral. Staff was reminded to not encourage, endorse, discourage, or attempt to persuade students about participating in a walkout or protest.

NEISD also provided information that was given to parents ahead of the protests:

NEISD is aware of student protests going on this week. Here is how our schools are handling the situation:

While the campus respects our students’ rights to express their individual views, our highest priorities are to maintain students’ safety on campus and preserve a rich learning environment accessible to all of our students.

Should students participate in a walkout, we want to be clear that students will be considered truant from class resulting in an unexcused absence. Additionally, if the event creates a significant disruption to learning or creates any type of physical danger to others such as bringing weapons or inciting violence, students will receive disciplinary consequences ranging from detention or In-school suspension to Out-of-school suspension or recommendation to an alternative educational setting.

Campus administration will maintain vigilance about the potential of a walkout; communicate with NEPD and NEISD campus safety about any needs for support; communicate with faculty about response practices, and with families about new developments. We also want to encourage families to speak with your student(s) about the potential dangers and/or consequences of participating in an event of this nature.

FOX 7 Austin and FOX 4 have reached out to Dallas ISD for comment as well.

Questions about student free speech

Big picture view:

FOX 4’s Vania Castillo sat down with Josh Blackman, a constitutional law professor at South Texas College of Law Houston, who said students do have free speech rights, but those rights are limited during the school day.

"It’s true that students have free speech rights, and they can exercise those rights outside school hours, but their free speech rights are limited during the school day, if it would cause a disruption, and the very purpose of a walkout is to cause a disruption to the education of the other students," Blackman said.

Blackman says what happens next depends largely on what the districts actually did.

He says the biggest legal risk could fall on teachers or staff members if it is found they facilitated student participation. Districts themselves could face funding cuts or increased oversight by the state.

Paxton's previous investigation in Austin ISD

The backstory:

Paxton has previously announced an investigation into Austin ISD over similar walkouts.

Paxton previously announced an investigation into Austin ISD after students from 14 campuses walked out of class and off campus to protest ICE on Jan. 30. 

Paxton claimed in the announcement that reports indicated district personnel were aware of the walkouts and had in some instances facilitated students leaving campus.

AISD Superintendent Matias Segura has said those walkouts were not sponsored or endorsed by the district.

Austin ISD has since developed more detailed protest protocols to "ensure the safety of our students and staff while maintaining our focus on on-campus instruction." The district also addressed staff expectations after the TEA released new guidelines concerning political activity on campus and involving students, teachers and staff.