Special Ed Teachers: Striking Illegally?

Teachers' strikes are an organized refusal to work that can cause public schools to close indefinitely. While teacher strikes are relatively rare, they can have significant consequences. In most cases, strikes occur when the negotiated contract between a local teachers' union and the school district has expired, and both sides cannot agree on a new contract during the collective bargaining process. In 37 states and Washington, D.C., it is illegal for teachers to go on strike, and penalties for breaking the law can include fines, termination, license suspensions, or even jail time. However, these laws do not always prevent strikes from taking place, and there have been instances of teachers walking out en masse in states that prohibit public employee strikes.

Legality of special ed teacher strikes

The legality of special education teacher strikes in the United States varies from state to state. While some states explicitly prohibit public sector strikes, others allow them, and some have no explicit statutes or case law on the matter.

States Where Teacher Strikes Are Illegal

Collective bargaining by public sector employees, including teachers, is explicitly illegal in the following states:

• Georgia
• North Carolina
• South Carolina
• Texas
• Virginia

Additionally, public employee strikes have never been legal in New York. They were first banned under the Condon-Wadlin Act of 1947 and continue to be prohibited under the Taylor Law enacted in 1967.

States Where Teacher Strikes Are Legal

On the other hand, twelve states have explicitly stated that teacher strikes are legal:

• Alaska
• California
• Colorado
• Hawaii
• Illinois
• Louisiana
• Minnesota
• Montana
• Ohio
• Oregon
• Pennsylvania
• Vermont

States With No Clear Statutes

Some states, such as South Carolina, Utah, and Wyoming, have no explicit statutes or case law regarding the legality of teacher strikes.

Consequences of Illegal Strikes

It is important to note that even in states where teacher strikes are prohibited, they still occasionally occur. However, there can be consequences for breaking these laws, including fines, termination, license suspensions, and even jail time. Additionally, unions may face penalties such as the loss of dues deduction privileges and fines.

Strategies to Avoid Striking

In states where striking is illegal, teachers have employed alternative tactics such as walkouts and sick-outs, where the majority of teachers call in sick on the same day.

Teacher strike consequences

Teacher strikes are an organized refusal to work that can cause public schools to close indefinitely. They are typically a last resort, given the disruption to the lives of students and their families. However, strikes can have significant consequences, and teachers have secured major victories while largely maintaining public support.

Impact on Students and Families

Teacher strikes can result in public schools closing indefinitely, forcing parents to find alternative childcare arrangements. This can be a financial burden, as many alternative options come at a cost. Additionally, strikes can disrupt family routines and cause stress for parents, especially those who work and depend on schools for childcare.

Impact on Teachers

Teachers who participate in strikes may not be paid for the days they are on strike. In some cases, they may have to make up the missed days at the end of the year or during scheduled breaks. There is also a risk of losing public support, as strikes can be perceived as harming the most vulnerable students.

Impact on School Districts

Strikes can lead to a breakdown in education, with students unable to receive a basic education. This can particularly impact students with special needs, as striking teachers may be considered "essential personnel" for these students. Districts may also struggle to obtain enough substitutes to cover for striking teachers, especially in the case of specialized roles like special education.

Legal Consequences

In many places, it is illegal for teachers to go on strike, and penalties for breaking the law can include fines, termination, license suspensions, and even jail time. However, these laws don't always prevent strikes from taking place, and there have been cases where teachers have walked out en masse even though strikes are prohibited.

Teacher strike alternatives

Teacher strikes are an organized refusal to work that can cause public schools to close indefinitely. They are usually viewed as a last resort, given the disruption to the lives of students and their families. However, there are some alternatives to teacher strikes that can be considered:

• 'Walk-ins': Teachers gather before work, wearing union T-shirts and holding signs, and then walk into school in unison. Sometimes, they’re accompanied by students, parents, and other community members or advocates.
• 'Work-to-rule' or 'Working the contract': Teachers stop doing any work that’s not explicitly required by their contract. That means refusing to do unpaid overtime, such as responding to student emails at night, grading over the weekends, or planning lessons before school, and turning down any voluntary assignments, including supervising student extracurricular activities.
• 'Sick-out' protests: Teachers coordinate calling in sick on the same day, which can shut down schools or entire districts.

While these alternatives may cause less disruption to students' education, they are less likely to achieve the desired results for teachers. Teacher strikes have historically been about "bread-and-butter issues" such as higher wages and better working conditions. In recent years, some strikes have also encompassed broader social issues, such as housing assistance for families and the hiring of more nurses and social workers.

Student and family impact

Teachers' strikes can have a significant impact on students and their families. Strikes can cause public schools to close indefinitely, disrupting the lives of students and their families. This can be particularly challenging for working families who may have to make last-minute childcare arrangements.

During a strike, schools may remain open with substitute teachers and administrators providing instruction. However, the quality of education may be impacted, and students may not receive the same level of support as they normally would, especially those with special needs or disabilities. In the case of special education teachers going on strike, students with disabilities may be deprived of the critical support and services they rely on daily, potentially putting their health and safety at risk.

Strikes can also have long-term effects on students' learning and economic success. Research shows that missing school days due to strikes can lead to gaps in knowledge and a decline in school performance. This is particularly true for students from vulnerable homes, with less educated parents, or those living closer to the poverty line.

The negative consequences of strikes are not limited to the students who are directly affected by the strike. The entire school community can feel the impact, with lasting scars in divided communities even long after the strikes end and contracts are ratified. The culture and relationships within the district may suffer, and ultimately, it is the students who bear the brunt of the adults' disagreements.

While strikes are intended to put pressure on employers to meet teachers' demands, they can also backfire and weaken public support for striking teachers. Some may argue that teachers are harming the most vulnerable students and families by disrupting their education and causing unnecessary stress and uncertainty.

Teacher strike history

Teacher strikes are an organised refusal to work that can cause public schools to close indefinitely. They are usually viewed as a last resort, given the disruption to the lives of students and their families. However, they have been used to secure major victories, including higher wages and better working conditions.

Historically, teacher strikes have been about "bread-and-butter issues", such as higher wages and better working conditions. In recent years, however, they have started to encompass broader social issues, such as air conditioning in schools and housing assistance for families.

In most countries, it is relatively rare for teachers to walk out of the classroom in protest. Teacher strikes typically happen when the negotiated contract between a local teachers' union and the school district has expired, and the two sides are unable to come to terms on a new one.

The history of teacher strikes goes back decades and they have occurred in many countries, including the United States and Australia. One notable example of a teacher strike in the US was the 2012 Chicago teacher strike, where teachers demanded the hiring of more nurses and social workers. In Australia, there is a long history of student activism, with students walking out of classrooms to demand change on issues such as corporal punishment and gender segregation.

Overall, teacher strikes have been a powerful tool for educators to secure better working conditions and address social issues. While they may cause disruption, they have also led to significant progress in the education system.

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