Know Your Rights — Defending what we’ve won, building what we need

The First Amendment: protections for educators

By: Andrea Eshelman, HSTA Executive Director

As educators, we know that words matter. What we say in our classrooms, our schools, and our communities shapes how students learn and how the public understands the vital work we do.

Recent events have brought this issue into even more focus. Members have been asking, “What are our rights when it comes to free speech, and where are the boundaries?”

The First Amendment gives every one of us, as public employees, the right to speak out as private citizens on issues of public concern. This means that when you write a letter to the editor, post on social media about education funding, or speak at a community rally, your voice is protected. Courts have long recognized that teachers have a right to participate in public debate, and this right is a fundamental part of our democracy.

And while speech is “free” because the government usually cannot penalize or censor it, it can place reasonable time and place restrictions on it.

However, the law also draws some lines when it comes to educators. When the government is acting as an employer, the opposite rule applies. When the government is a public school or university, it has broad authority to limit educators’ speech on the job as well as to limit speech off the job that directly impacts the workplace.

The first question that must be asked: Are you speaking and acting as part of your official job duties? Examples include teaching a class, advising a club, writing lesson plans, or communicating as an employee of the Hawaiʻi State Department of Education.

If the answer is yes, then your speech is generally considered the employer’s, not your own. In your role as an educator working for the department, your words are not afforded the same level of protection. That’s why teachers have faced discipline when using classroom time or school communication channels to promote personal views.

In recent years, as divisive rhetoric has intensified on social media, another layer of complexity has been added to teachers’ lives, raising genuine questions and concerns about where the boundaries lie for speaking out as a matter of public concern.

Generally, posts to personal social media accounts are protected when they address issues of public concern—for example, advocating for students, speaking out against racism, or calling for improved school funding.

However, caution is essential because various legal cases have also established that speech (including online posts) deemed to disrupt school operations, violate student privacy, condone or promote violence, or cross into personal attacks can risk consequences, even if made off-duty.

Courts have sometimes sided with school districts when they demonstrate that a teacher’s post has directly harmed their ability to perform their job, including aspects such as building trusting relationships between adults and students.

What does this mean for us as HSTA members? A few guideposts:

• Your voice matters. When you speak up about the conditions of teaching and learning, funding for public education, or equity for our students, you are exercising a core constitutional right.
• Be clear about your role. Frame your public advocacy as your own view as a citizen and community member, not as a representative of your school or employer. Note: just saying the opinion is your own does not clear you of responsibility or prevent an employer from taking action.
• Use good judgment online. Social media is powerful, but it’s also very permanent and public. Ask yourself: Would I be comfortable if my post were read to my students, their parents, or guardians at a school board meeting, or by my principal during a staff meeting?
• Consider reviewing your existing online footprint – look at past posts and update them accordingly to avoid being targeted over a statement that could be taken out of context.
• Know that you are not alone. HSTA stands with members who speak truth to power, whether at the Capitol, in the media, or in their own communities.

We live in a time when attacks on public education and the work we do as educators are on the rise, and this moment calls for courage. HSTA fully supports the importance of teaching honest lessons about racism, oppression, and history. Our students deserve the truth, and our educators deserve the freedom to speak it.

For even more detailed reminders of your rights, the National Education Association has published the NEA Educator Advocacy Guide.

We are here to ensure your voice is protected, your rights are enforced, and your advocacy continues to shape the future of Hawaiʻi’s public schools.

Together, let’s continue to speak out for our students, our profession, and the thriving public education system that Hawaiʻi deserves.

Emergency preparedness at school

By: Andrea Eshelman, HSTA Interim Executive Director

None of us became teachers thinking we’d spend time planning for emergencies. Yet the reality of today’s schools means that in addition to teaching, we must also prepare for situations that range from frightening to heartbreaking: school shootings, students in medical crises, and large-scale events that close down entire campuses.

While these are difficult topics, our contract provides us with important rights and protections to ensure that planning occurs, responsibilities are clear, and that teachers are not left on their own when emergencies arise.

School emergency plans
By the end of the second month of the school year, each school’s administration and faculty must meet to discuss the development of an emergency plan (Article X, Section B(4)). Importantly, principals must give due consideration to teachers’ input in this process. This is not just a formality, and the plan developed shouldn’t be a cookie-cutter template; it should address the unique conditions of each campus. It’s your chance to raise concerns, ask questions, and ensure that the plan accurately reflects the reality of classrooms and campuses. In light of the devastating school shootings we continue to see across the country, these conversations could not be more urgent, especially since the state Legislature requires the department to provide active shooter training.

Student medication
Emergencies also happen on an individual level. If a student experiences a medical crisis, it is crucial that trained staff, not teachers, administer medication. The contract is clear: “Teachers shall not administer student medication.” (Article VI, Section T). This protection is essential in everyday settings, as well as when planning for field trips or after-school events. Emergency action plans must include what happens if a student needs rescue medication, and teachers should not be pressured and/or agree to take on this role. For more information, members can find a resource here (you must be logged in to view this page.)

Recently, the HSTA has received increased reports that teachers are being pressured or led to believe that they should and can administer student medication including EpiPens, inhalers, glucagon, naloxone (commonly referred to as Narcan). These pressures included presentations at the start of the 2025-2026 school year related to Act 68 of 2016 (SB2392) — whereby teachers were told that there was “immunity for any person who administers an opioid antagonist to a person suffering from an opioid-related overdose.”

Some administrators have even cited Good Samaritan protections, while others have suggested that failure to act could be considered negligence and result in personal liability for the teacher. Such guidance and statements are both legally and contractually unsound – as teachers have an expressed contractual prohibition against administering medication.

This issue is not new, and the HSTA recently sent this letter to HIDOE, reminding them of prior attempts to undermine the contract in this area, and requesting information about any changes in the department’s practice.

Extended school closures
Some emergencies affect entire schools — hurricanes, flooding, even major infrastructure problems, such as water main breaks. Under the Extended Emergency School Closures Memorandum of Understanding (Appendix IX), teachers have specific rights related to such closures. Closures of schools of one day or less require teachers to be informed and not report to campus and/or be sent home with students. In cases of closures lasting more than one day, notification and consultation with HSTA is required. And there are requirements for preparation time before any pivot to alternative instruction (such as online learning). When schools reopen, teachers must also be given time to transition back into in-person instruction. These provisions ensure stability and fairness in moments of disruption.

Standing together
Emergency planning can feel overwhelming, but it’s essential for protecting both students and staff. The protections in your contract are in place because teachers have fought to have a say in the best way to address such matters — processes that both protect and respect teachers’ subject matter expertise about their students and their campus. Knowing your rights helps you navigate these situations with clarity and confidence. If your school hasn’t held its emergency plan meeting yet, ask about it. If questions arise about medication or closures, refer to your contract and contact your HSTA school-level leaders or HSTA UniServ Director.

By standing together, we can make sure emergency preparedness is done the right way — safeguarding students, protecting teachers, and strengthening our schools.

Collective power through strikes, strike threats over the years

By: Andrea Eshelman, HSTA Interim Executive Director

Let’s be honest: teaching is hard enough without having to fight for what you already have the right to expect.

Whether it’s a duty-free lunch, prep time, or a safe classroom, these aren’t perks. They’re contractual rights, earned through years of organizing, advocacy, and sacrifice by educators across Hawaiʻi. But rights on paper are only as strong as our willingness to stand up — together — for them.

That’s what it meant in 1973 — when nearly 9,000 of Hawaiʻi’s public school teachers walked off the job, risking both individual and organizational fines. That collective action led to an 18% raise over the next three years.

Then it happened again in 1984 and 1997 where settlements were reached only in the final hours before teachers would have to hit the picket lines. The 1997 strike resulted in a 17% raise.

Just a few years later, teachers worked for nearly a full year without a contract and were forced to strike in 2001. That time, 99% of teachers walked the line, securing a 10% raise over the next two years and a restructuring of the salary schedule, making it easier to reclassify.

The fight for dignity, respect, and a fair contract never goes away. Our last significant build-up occurred in 2017, when thousands of us rallied at the State Capitol to protest underfunding and show the state we were serious about contract negotiations. These moments made a difference. They moved the needle at the bargaining table and reminded everyone that when educators unite, we are a force.