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Teacher Should Not Have Been Fired
Over Anti-Immigrant Tweets to Trump
Ruling: The termination of a high school teacher’s continuing contract over a series of Tweets to President Trump supporting anti-immigrant polices is reversed. Georgia Clark v. Fort Worth ISD, No. 006-R2-10-2019. Issued Nov. 25 by Education Commissioner Mike Morath.

Concluded
The commissioner concluded that public employees (such as FWISD teacher Clark), while they are not at work, have the right to petition an elected official (such as President Trump) over a concern (such as illegal immigration) that is under the jurisdiction of the elected official.

But, the commissioner added that there has been “no other case law” that has reached the same conclusion, and that he declines to make this appeal the first case to do so.

Instead, the commissioner ruled that Clark’s termination must be overturned due to another, overriding procedural reason — because FWISD’s school board used improper procedures in justifying firing Clark by changing the conclusions of law in the 76-page recommendation for a decision (large download) issued by an independent hearing examiner, who had recommended against termination.

Because the board failed to provide the legal justification for changing the hearing examiner’s conclusions of law, Clark’s termination must be reversed, even in the face of FWISD’s strong argument that Clark’s Tweets caused massive disruptions to the district and to her high school where she taught, the commissioner ruled.

Background
The record reflects that Clark had erroneously believed, due to her unfamiliarity with the Twitter platform, that her Tweets to Trump would be private.

In one or more of the Tweets, Clark identified herself by name, listed her telephone numbers, and said where she worked (FWISD’s Carter-Riverside High School).

One of her Tweets, for example, complained that FWISD is “loaded with illegal students from Mexico” and that her school “has been taken over by them” and by drug dealers. She also implored Trump to “get rid of the illegals from Fort Worth” and harshly criticized, by name, an Hispanic-surnamed assistant principal at her school.

FWISD’s board cited threatening emails and phone calls to the district and to Clark’s school, and expressed fears that immigrant families would keep their children out of school over fears that Clark would have them deported.

FWISD also cited the U.S. Supreme Court decision that requires public school districts to educate all children, and to not inquire about whether they are in the U.S. illegally. The district also claimed that Clark’s First Amendment rights ended when she signed her teaching contract.

The commissioner rejected FWISD’s argument that Clark’s First Amendment rights ended when she signed her contract.

But, the commissioner cautioned that “while teachers retain free speech rights, these rights are not unlimited” and must be considered based on a “balancing test” of factors.

Ordered
The commissioner granted Clark’s appeal and ordered FWISD to either reinstate her with back pay and employment benefits from the time she was nonrenewed, or to pay her a year’s salary from the date she would have been reinstated.

FWISD officials told local media that they plan to ask the commissioner to reconsider his decision, and if that fails, that they will likely file suit in state court seeking to overturn the decision.