Goldwater Institute sends letter to schools calling Arizona teacher walkout unconstitutional

The Goldwater Institute is warning Arizona public school superintendents that they could face lawsuits if they don’t open the doors to students and resume teaching immediately.

In the letter to schools, the conservative think tank said superintendents who don’t reopen schools are failing their constitutional obligations to educate students and risk legal action from parents and students.

Hundreds of schools remained closed for a second day Friday due to teacher walkouts. Thousands of educators and supporters returned to the Arizona Capitol for the second day of the #RedForEd walkout.

Organizers also announced plans for more walkouts Monday.

Teachers are demanding more state funding for education and higher pay.

About 50,000 people joined the walkout protest Thursday, according to Phoenix police. Participants gathered at Chase Field in downtown Phoenix and marched to the Capitol for speeches and a rally to increase teacher pay.

Goldwater Institute Vice President for Litigation Timothy Sandefur called the walkout a flagrant violation of the law.

“This unlawful strike—and the district’s efforts to aid or encourage it—are therefore not only a breach of contract, but an intentional effort to deprive Arizona students of their constitutional rights,” he said in the letter.

Goldwater said it hasn't filed a lawsuit and isn't aware of any lawsuits from parents or students over the walkout.

Arizona Attorney General Mark Brnovich declined to weigh in on the letters since he represents and advises state agencies on legal matters, said spokeswoman Mia Garcia.

Rep. Kelly Townsend, R-Mesa, earlier this week said she was consulting with an attorney about a possible class action lawsuit on behalf of Arizonans affected by school closures.

Friday, she issued a statement about the Goldwater letters.

"I applaud the Goldwater Institute for taking action on this strike and am glad to have had worked with them on this critical issue of giving parents and teachers a voice," Townsend said in the statement. "In addition to ensuring children or students have access to their education, I encourage parents to reach out to the Goldwater Instittue if they are being financially impacted by the strike."

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