Comments made by Brownsville ISD employees over Charlie Kirk's death under review by TEA
Brownsville ISD school board members discussed taking action against three district employees over comments made on social media over the assassination of conservative activist Charlie Kirk.
"You have the first amendment right to say things. If you are going to say things that are going to render you ineffective to the district, we don't need you,” Brownsville ISD Trustee Neida Ruth Soto said during the school board meeting.
While no action was taken, Brownsville ISD Superintendent Jesus Chavez told Channel 5 News that the district reported the comments made by three district employees to the Texas Education Agency.
The employees weren’t identified, and the district did not say what the comments were.
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The TEA said they are investigating more than 350 complaints against teachers who have been accused of making inappropriate comments online about Kirk’s death, according to an article from the Texas Tribune.
Brownsville ISD Board Member Minerva Peña asked to place the item on the agenda over comments she deemed as "inappropriate" regarding Kirk.
According to Peña, members of the public were contacting her over the comments.
"Those comments fall under the protections of the first amendment, and the first amendment prohibits entities such as public school districts from taking disciplinary actions,” Beatriz Maldonado, the vice president of the Brownsville Educators Stand Together Best AFT, said.
During the discussion, district attorneys reminded leaders about the laws already in place that can allow the district to taken action in certain situations.
At one point leaders talked about sending that information to all district staff and holding training sessions.
“We have to walk a very fine line because the first amendment is resolute, our policies and procedures are great but the constitution trumps all those things,” attorney Miguel Salinas said.
In a letter dated Sept. 12, TEA commissioner Mike Morath told superintendents across the state that comments would be forwarded to TEA's Educator Investigations Division.
“With regards to employees, we turn in the names, and it will be up to the commissioner of the agency to take a look at that to see if they were appropriate or inappropriate,” Chavez said. “It will be up to the commissioner if he finds there needs to be action taken by the state, then we will abide by that. But we will wait for the commissioner to decide."
Maldonado said that course of action worries her.
“Unfortunately, it might come to the fact we may be limited to what we can say, and that is not what America is about,” Maldonado said.
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