Texas state leaders are threatening sanctions against school districts and disciplinary action against educators after a wave of student walkouts protesting federal immigration enforcement, moves that civil-rights advocates describe as retaliation against protected speech and that state officials frame as necessary to enforce attendance laws and keep campuses safe.
In recent days, student walkouts have been reported across Texas, including San Antonio, with students saying they were protesting ICE arrests and broader immigration policies.
In a Feb. 3, 2026 guidance release, the Texas Education Agency said students who leave class for walkouts “must be marked as absent,” warning that districts could lose daily attendance funding if they “allow or encourage” students to walk out during instructional time.
The agency also said teachers who “facilitate” walkouts could face investigation and sanctions up to revocation of their teaching certificates, and it warned that districts found in violation could be placed under heightened state oversight including the appointment of a monitor, conservator, or board of managers.
The escalation follows public pressure from Governor Greg Abbott and other Republican officials who condemned the walkouts as disruptive and called for consequences for students and any adults who encouraged them.
Civil-rights groups and some educators counter that the state’s approach risks chilling student civic participation and could punish teachers for protected conduct.
The ACLU of Texas has argued that blanket threats aimed at protest activity can cross into unconstitutional retaliation, particularly if discipline is imposed based on the political content of speech rather than narrowly tailored safety and operational concerns.
The ACLU of Texas issued a statement saying that “government officials cannot punish students simply because they dislike their message.”
The clash over the student protest is unfolding in a broader political environment where state leaders have increasingly pressed schools to avoid what they describe as partisan activity by staff. Texas Attorney General Ken Paxton and some state officials have called for scrutiny of districts, and the governor has publicly supported punitive responses, including arrests.
Guests:
Aaron Terr is director of public advocacy for Foundation for Individual Rights and Expression (FIRE).
Caro Achar is the ACLU-Texas Coordinator for Free Speech.
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This episode will be recorded on Tuesday, February 10, 2026, at 12:30 p.m.
