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Trustees at San Antonio's North East Independent School District unanimously voted Monday night not to change the district’s cell phone policy.
NEISD has been under pressure from the state to comply with House Bill 1481, which requires school districts across the state to prohibit students from using cell phones and other electronic devices during the school day.
The district currently allows students to use phones at lunch and during passing periods, arguing that the law as currently written does not define the school day.
NEISD argues its policy — which primarily affects high school students — complies with the law by banning phone use during all instructional time.
The Texas Education Agency directed NEISD at the end of last year to change the policy and extend the ban from bell-to-bell.
The board weighed making changes earlier this month. Monday night’s vote will keep the current policy as is.
Trustees argue that the TEA has not specified how the district has violated state law.
Trustee Diane Sciba Villarreal said that the policy was created with parental input, with many parents citing concerns about being able to quickly reach their children.
"I am not going to step between a parent and a child,” Sciba Villarreal said. “Frankly those legislators, these ones that are calling us out for this, are the very ones that were saying they were all for parental rights."
Trustee Tracie Shelton agreed.
“We worked with (parents), we asked them what they wanted, we gave them a policy that fits their needs and sits within the law,” she said. “If we make this change, we are effectively saying ‘Get a note from your doctor or sneak around back.’ We don’t have that issue with this in our schools. I would hate for us to create an issue that does not exist.”
The district's attorney Rick Lopez said it's likely lawmakers will revisit HB 148 during the next 2027 legislative session for further clarification or guidance on what should be defined as the school day.
The TEA gave NEISD until Jan. 31 to get in compliance. Lopez said if the policy remains the same, the agency could move to sanction the school district. That could involve the possible appointment of a conservator or board of managers.
Litigation to fight any sanctions could cost the district anywhere from $50,000 to $100,000.
Alamo Heights ISD created a similar cell phone policy to the one used by NEISD but later voted to change it following pressure from the TEA.
