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North East ISD weighs fighting the state over its cell phone policy

Students put away their cell phones.
Damian Giletto/Delaware News Jou/USA TODAY
/
REUTERS
Students put away their cell phones.

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San Antonio's North East Independent School District is weighing updating the district's cell phone policy over its compliance with a new state law that bans the use of cell phones in schools.

House Bill 1481 requires school districts across the state to adopt and implement policies that prohibit students from using cell phones and other electronic devices during the school day.

The policy was a topic of discussion during Monday night’s board meeting. North East ISD voted last August to define the school day as instructional time, which would allow students to use phones during lunch and passing periods. A passing period is the short time of a few minutes that students have in between classes.

The Texas Education Agency first sent notice to NEISD that the agency was conducting a compliance review over its cell phone policy. The TEA later told the district it has until the end of this month to make a change to the policy in order to define the school day as “bell-to-bell."

Officials at North East Independent School District have decided to defend their cell phone policy amid an ongoing review from the Texas Education Agency.

NEISD attorney Ricardo Lopez explained what could happen if the district fails to take corrective action in compliance with the law.

“That’s going to lead to a likely process down the road that could lead to additional sanctions, where the agency would look to force, one way or another, that the school district and the school board comply with its interpretation of House Bill 1481,” Lopez said.

Intervention could include the appointment of a conservator or even the appointment of a board of managers.

The district could choose to pursue litigation, though that process could be expensive and take a significant amount of time.

Lopez said the legislature could likely take up a cleanup bill in the next 2027 session where lawmakers choose to make any clarifications or changes to the law. In that case, NEISD would be forced to make changes to its current policy.

A new state law bans students from using cell phones, tablets, and smartwatches during school hours. Most San Antonio districts plan to allow phones on campus — if they’re out of sight.

Trustee Diane Sciba Villarreal disagrees with the law.

“I think taking away the ability for parents to communicate with their children — especially by legislators who are saying that we need to give parents more rights — now, all of a sudden, we’re taking the rights away from the parents who need to have communication with their kids. That’s illogical to me.”

Trustees said parents have given feedback that they want to maintain access to their students during the school day.

Trustees ultimately took no action Monday to change its cell phone policy. The TEA has given NEISD until Jan. 31 to get into compliance.

Attorney Lopez said he could get in contact with the TEA’s attorney about the possibility of receiving more time to put a new policy in place if the board does decide to make a change.

NEISD Board President David Beyer said although trustees would be willing to fight for its policy, it could be taxing as Interim Superintendent Anthony Jarrett takes over following the retirement of Sean Maika.

“We have to stay focused on what this district is doing, especially with an interim superintendent at the helm. We cannot let these things become a distraction,” Beyer said.

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