What’s the punishment for students walking out of school in protest? Here are the facts

A student walkout in Texas — organized by activist group Students Demand Action — is planned for May 11 at noon to demand lawmaker action on gun violence.

Students at Paschal High School are expected to participate in the walkout despite discouragement from the Fort Worth Independent School District.

“Students, we are aware of a possible peaceful protest and walkout against gun violence at Paschal High School May 12,” Fort Worth ISD officials said in a social media post, citing a different day from the Students Demand Action date. “While we support your right to peacefully express your views and opinions, we do not encourage you to participate in a walkout. Please remember there are District protocols in place to ensure your safety, and we appreciate your cooperation.”

A 17-year-old student from Paschal High School, Zechariah Trevino, died on Jan. 20 after he was shot outside of a Whataburger near the school. Trevino’s cousin, who was also a student at Paschal High, was also shot and was in critical condition due to the incident.

Are students allowed to walk out of school in protest?

The U.S. Constitution gives all Americans the First Amendment rights of freedom of speech and the right to peaceably assemble, including students.

In the 1969 Supreme Court case Tinker v. Des Moines, students sued their Iowa school after their principal suspended students for wearing black armbands at school in protest of the Vietnam War.

The Supreme Court’s 7-2 decision said that neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

The ruling said school officials could not prohibit free speech only on the suspicion that it might disrupt the learning environment.

Can schools discipline students for a walkout?

Yes, school officials can discipline students for a walkout.

While students have the right to protest, if it causes substantial disruption to school operations students could face disciplinary consequences, according to the Texas Association of School Boards.

School officials cannot discipline students more harshly because of the message behind the protest, according to the American Civil Liberties Union.

“Students do not have a First Amendment right to disrupt school operations by scheduling a walkout,” the TASB said. “A student who is absent from class due to a walkout may be treated the same as any other student who is absent from class. Schools should look to their attendance and truancy policies when determining consequences for students who miss class due to walkouts.”