What Educators Should Know About the “Ten Commandments” Law

A federal court in Texas issued a temporary order Aug. 20 blocking the implementation of the “Ten Commandments” bill in 11 school districts. The case was filed by parents of students in those districts (Alamo Heights, North East, Lackland, Northside, Austin, Lake Travis, Dripping Springs, Houston, Fort Bend, Cypress Fairbanks, and Plano). The court order means these 11 districts have been ordered to hold off on installing displays of the Ten Commandments as required by Senate Bill (SB) 10 by Sen. Phil King (R–Weatherford), which was passed by the 89^th Legislature during its regular session. Attorney General Ken Paxton (R) has already stated his intent to appeal, so how long this “hold” will be in place is unknown. The court order does not apply to the rest of the school districts in Texas.

Now that this ruling has been issued, parents in other districts may decide to file suit to see if they can have it applied to their districts as well. As we wait for more judgments from the court, it is important for educators to know how this law may be enforced and how it may affect educators.

What the “Ten Commandments” Law Says

Absent a new court ruling that the law doesn’t apply to a particular district, the law is expected go into widespread effect Sept. 1. Districts will be required to display the Ten Commandments in 16-by-20 inch size in every classroom, if such a poster is donated as dictated by the statute. While the statute creates a district obligation to supply or accept donations that are consistent with the law, it doesn’t make any specific demands of educators themselves. The law has very specific requirements, so it is best to let your district make determinations about how this ruling impacts its operations and which displays are consistent with the law.

Despite an educator’s possible objections to having such a display in their room, as long as the law is in effect, displaying the Ten Commandments is something districts may be legally required to do. While educators understandably have a sense of ownership and control over their classrooms, the district can argue it has the final say on what is and is not allowed on classroom walls. Because of that, the district may install or display items, even if the teacher has objections to the material displayed or has concerns about how such a display may affect students. Refusing to follow the district’s directives or guidance can lead to discipline and negative employment actions against the educator.

If your district displays the Ten Commandments in your room, it is important that you, as an educator and employee of the district, understand how you are expected to handle student questions about them. In fact, this concern was explicitly mentioned by the judge in the recent ruling, who pointed out the challenges to “overworked and underpaid educators” if students ask difficult questions about the displays. If your administration hasn’t provided guidance, it is important to seek that guidance. Ideally, districts will agree that even if the display is required, discussion about it is not required by the law, so any questions students have about it could be directed to parents and administrators. Additionally, it should be the district that handles any parent concerns or complaints about how the district is or is not following this new law.

As always, if you have a specific objection or concern, it is important to consult an attorney to get advice on your specific legal rights and options. Eligible ATPE members may contact the ATPE Member Legal Services Department.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.