Norman Public Schools confirmed to OU Daily on Monday that it has not been notified of any investigations into the district or its teachers amid statewide investigations into responses to the assassination of conservative activist Charlie Kirk.
The Oklahoma State Department of Education announced in a press release last week that 12 districts are under investigation for not holding a moment of silence for Kirk. None of those districts were named, but The Oklahoman reported Friday that NPS was under investigation.
NPS was one of 30 school districts in the state to opt out of a moment of silence for Kirk, who was fatally shot on Sept. 10. NPS announced in a statement that schools have a daily minute of silence, and adding another midday would “create an unnecessary disruption.”
The release also states that 70 teachers spanning 12 school districts were under investigation for comments made about Kirk. An NPS spokesperson told OU Daily Tuesday the district has not been notified of any NPS teachers under investigation.
On Sept. 15, State Superintendent Ryan Walters threatened to ban teachers who attempt to “glorify” Kirk’s murder. According to the release, the state will investigate teachers making “defamatory” social media posts about Kirk.
“We should all be able to agree that a teacher in a classroom should not be out there glorifying an assassination of a political opponent. And (let) this be clear – Charlie Kirk is an American hero,” Walters told Newsmax on Sept. 13. “Charlie Kirk did more to engage the next generation in civil debate. … I don’t know anybody who’s done a better job of engaging young people in the political process than Charlie Kirk.”
OU Daily reached out to the Oklahoma State Department of Education for comment, but it did not respond by the time of publication.
Teachers’ speech protections, license revocation guidelines
The release states that certain comments about Kirk could violate the teachers’ code of conduct, which includes both posts online and words said in the classroom.
NPS Superintendent Nick Migliorino wrote in a statement to OU Daily last week that the district encourages staff to consider their posts and privacy settings online to prevent confusion about whether they’re speaking for themselves or the district.
“If a teacher were ever wrongly accused or if their rights were being infringed upon, we would stand with them and fight on their behalf,” Migliorino wrote. “At the same time, we know state leaders are watching schools closely, which is why we remind staff to take steps that help protect themselves.”
Migliorino wrote there must be due process before a teacher’s license is revoked. Teachers undergoing dismissal have the opportunity for a hearing in front of a district school board, which would then vote to determine their case, according to Oklahoma Statutes.
Ed Frick, OU education professor, said in an interview that educators' speech is protected if it’s made as a private citizen, a matter of public concern or not disruptive to the school environment. Educators’ speech is not protected when it is in an official capacity, incites violence or is disruptive to the school environment.
Frick said educators’ speech off campus and in social media posts are grounds for discipline if it affects school operations, which includes angering parents, inciting student unrest or creating safety issues.
“Those things can be construed as disruptions to the educational environment, which then it's unprotected, but it's really dicey ground,” Frick said.
Frick said Walters will likely be challenged by local school boards as he pushes for license revocations. He said revoking licenses over educator’s speech is a constitutional issue that heavily relies on the context of each situation and may be taken to court.
“If he's doing it and it's in the areas of protected speech, then it's not going to fly, and that's what the court has to determine,” Frick said.
OU Daily reached out to multiple teachers at Norman High School and Norman North High School, but all declined to comment. One teacher mentioned they had been advised not to speak publicly amid current political friction.
Adrienne Hall, Professional Educators of Norman president and adjunct coach at Whittier Middle School, said teachers shouldn’t have to be afraid to speak while off-duty, and the mandate intrudes upon First Amendment rights. Hall said Walters should focus on overall education and helping students.
“That's just an overstep on (Walters’) behalf to dictate how people can respond in their own personal spaces,” Hall said.
Frick said Oklahoma education policy should focus on improving student learning and success to improve its ranking.
“That should be the focus of our state education officials, not these other ancillary kinds of issues that may be more politically driven than focused on our mantra of serving the best interest of students,” Frick said.
This story was edited by Ana Barboza, Thomas Pablo and Natalie Armour. Andrew Higgins and Gretchen Schultz copy edited this story
