High schoolers at North East Independent School District will no longer be able to use their phones during passing periods or lunch after this school year.
NEISD’s board revised its cell phone policy on Monday after getting heat from state officials who said the district’s policy wasn’t in compliance with the actual law. Taking effect last year, House Bill 1481 bans students from using personal communication devices during the school day.
While the bill doesn’t explicitly define a “school day,” guidance from the Texas Education Agency takes “school day” to mean the time of day beginning with the first bell of the day and ending with the last bell of the day.
But NEISD’s policy allowed high schoolers and some middle schoolers to use their phones during passing and lunch periods, saying those periods weren’t part of the “school day” since instruction wasn’t occurring. Cellphones weren’t allowed on campus at all at the elementary level at NEISD.
In late September, the district’s cellphone policy drew a “notice of compliance review” from the TEA informing NEISD that it was under investigation after receiving complaints that the district wasn’t complying with the new education law.
But the district kept firm on its policy, and then-superintendent Sean Maika responded to the TEA with a four-page letter in October, defending NEISD’s policy as an extension of parents’ rights.
Since the district didn’t change its policy, TEA launched a more formal investigation in February, and the school board stuck to its guns again.
“Frankly, I think this is a test case,” trustee Diane Sciba Villarreal said at the time. “I think they’re trying to see how far they can push us. If we give in this time, it’ll be something else next month.”
TEA concluded its investigation earlier this month. The final report recommended that the state issue a conservator intervention at NEISD to “ensure adherence to state law requirements.”
A conservatorship could override school board and administrative decisions.
Maika stepped down from his position in January, and interim superintendent Anthony Jarrett currently leads the district.
Jarrett’s office made the recommendation to revise NEISD’s cellphone policy, and board members voted 5-1 to redefine “school day” to mean from the first to last bell of the day at all campuses.
Board president David Beyer was the lone “no” vote and board member Tracie Shelton was not present.
Beyer did not publicly comment on why he voted against amending NEISD’s policy, simply saying it’s been a “balancing act” as the district works to stay in compliance with state rules and make parents feel heard.
“We tried to listen to parents,” said board member Terri Chidgey.
Villarreal, who’s become a vocal critic of the state’s cellphone guidance, said changing the policy was necessary for NEISD to keep autonomy. “While it’s extremely difficulty for me to back down, I do not want to put this district in any sort of peril just for being stubborn.”
The new policy is set to take effect on May 29, the last day of classes.
