In San Antonio, the North East Independent School District (NEISD) is standing firm on its cell phone policy, choosing to defy the Texas Education Agency (TEA) and a recent state mandate. Despite the TEA's interpretation of House Bill 1481, requiring a full-day ban on student's phone use, the district's board voted unanimously to maintain their policy which allows phone use during non-instructional times such as lunch and between classes.
The district finds itself at odds with the TEA after a notice of violation was sent, citing the policy did not align with the newly passed legislation designed to restrict phone use during "instructional time," as reported by KENS 5. NEISD's policy, effective since September, permits phone use before and after school, during lunch, and in passing periods. The district has until the end of January as per TEA's given deadline to revise their policy, but has expressed disagreement over the definition of a "school day" and their local discretion in the matter.
At a school board meeting, disdain for the TEA’s demand was voiced by trustees, with one board member stating, "I for one don’t bow to bullies, no matter what. I’m absolutely not on board with bowing to TEA. ... a blatant abuse of power," as per a statement obtained by KSAT. This confrontational stance highlights a deeper concern with the autonomy of local districts and their ability to determine policies in the face of state mandates.
Escalating the issue further, NEISD could face legal repercussions, with a potential legal challenge that could cost between $50,000 and $100,000 if it reaches an appellate court level. This was disclosed by the district's attorney amidst discussion of the TEA's response and the potential for disciplinary action. In defiance, the board's 7-0 vote to uphold their current policy now puts them in the waiting game as they have formally notified the TEA of their decision and stand by to see the agency’s next move.
The TEA, maintaining that the district lacks authority to define a school day, has stated it "is reviewing the board’s actions and will determine the appropriate path forward to ensure compliance with state law," according to a statement sent to KSAT this morning. This ongoing battle presents a test case for the balance of power between state agencies and local school districts in Texas, with NEISD at the center of the controversy.
