School & District Management

MAP: Where School Employees Can and Can’t Strike

37 States Prohibit Public Sector Strikes
By Mark Lieberman — March 16, 2023 2 min read
Amy Chapman and her daughter, first grader Corinne Anderson, pose for a photo while they support teachers on strike outside Whetstone High School in Columbus, Ohio, on Wednesday, Aug. 24, 2022.
  • Save to favorites
  • Print

More than 30,000 school workers in the Los Angeles Unified School District are poised to strike for three days next week, and roughly 35,000 teachers and other workers in another union have vowed to join them. That action would shut down schools for the district’s more than 400,000 students.

But millions of public school employees elsewhere in the country are legally prohibited from doing the same.

Labor unions, including the ones that represent teachers and others who work in schools, use strikes or work stoppages to draw attention to working conditions they believe are untenable. In Los Angeles Unified, cafeteria workers, instructional aides, custodians, and other school workers are demanding a 30 percent pay raise, arguing that their average annual salary of $25,000 is woefully insufficient.

But in 37 states, what the Los Angeles employees plan to do would be illegal, due to laws that ban public sector strikes. Penalties for breaking these laws include fines, termination, and even jail time.

Education researcher Melissa Arnold Lyon has compiled a list of states prohibiting public employee strikes, drawing on federal and state sources and existing research. The list includes some states with a history of political and popular support for labor.

These state laws don’t always prevent strikes from taking place.

In 2021, more than a dozen bus drivers in the Greenville, Miss., schools stopped working for two days to argue for pay raises, even though state law has explicitly banned school workers from striking in the state since 1985. Lawmakers enacted that measure after nearly 10,000 teachers defied a court order and went on strike earlier that year; some strikers even briefly landed in jail.

In 2018, thousands of West Virginia teachers walked out to demand higher wages even though the state prohibits public employee strikes. That burst of activism helped spur the “Red for Ed” movement, inspiring labor actions among teachers in other states.

Most workers see strikes as an undesirable last resort after they fail to make progress with other forms of negotiating. But some want the option they don’t currently have. Lawmakers in at least one state, Massachusetts, are currently considering a bill that would loosen the ban on K-12 school strikes. Teachers in at least five districts there have gone on strike in the last year.

Strikes have taken in place in at least six K-12 school districts this year, including three in states where strikes are illegal, according to the Labor Action Tracker from the Cornell University School of Industrial and Labor Relations. In Hastings, Minn., 35 school cafeteria workers have been on strike for nearly a month and a half.

Events

Student Well-Being & Movement K-12 Essentials Forum How Schools Are Teaching Students Life Skills
Join this free virtual event to explore creative ways schools have found to seamlessly integrate teaching life skills into the school day.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School & District Management On Capitol Hill, Relieved Principals Press for Even More Federal Support
With the fiscal 2026 budget maintaining level K-12 funding, principals look to the future.
7 min read
In this image provided by NAESP, elementary school principals gathered on Capitol Hill recently to meet with their state's congressional delegations in Washington
Elementary school principals gathered on Capitol Hill on Feb. 11, 2026,<ins data-user-label="Madeline Will" data-time="02/12/2026 11:53:27 AM" data-user-id="00000175-2522-d295-a175-a7366b840000" data-target-id=""> </ins>to meet with their state's congressional delegations in Washington. They advocated for lawmakers to protect federal K-12 investments.
John Simms/NAESP
School & District Management Q&A Solving Chronic Absenteeism Isn't 'One-Size-Fits-All,' This Leader Says
Proactive, sensitive communication with families can make a big difference.
7 min read
Superintendent Mary Catherine Reljac walks around the exhibition hall of the National Conference on Education in Nashville, on Feb. 12, 2026. Reljac is the superintendent for Fox Chapel Area School District in Pennsylvania.
Mary Catherine Reljac walks around the exhibition hall of the National Conference on Education in Nashville on Feb. 12, 2026. Reljac, the superintendent for Fox Chapel Area school district in Pennsylvania, is working to combat chronic absenteeism through data analysis and tailored student support.
Kaylee Domzalski/Education Week
School & District Management Opinion The News Headlines Are Draining Educators. 5 Things That Can Help
School leaders can take concrete steps to manage the impact of the political upheaval.
5 min read
Screen Shot 2026 02 01 at 8.23.47 AM
Canva
School & District Management Q&A When Should a School District Speak Out on Thorny Issues? One Leader's Approach
A superintendent created a matrix for his district to prevent rash decisions.
5 min read
Matthew Montgomery, the superintendent of Lake Forest schools in Ill., during the AASA conference in Nashville on Feb. 11, 2026.
Matthew Montgomery, the superintendent of Lake Forest schools in Illinois, is pictured at the AASA's 2026 National Conference on Education in Nashville, Tenn., on Feb. 11, 2026. The Lake Forest schools established a decisionmaking matrix that informs when the district speaks out on potentially thorny topics.
Kaylee Domzalski/Education Week