A special investigation report released by the Texas Education Agency (TEA) on Thursday recommends that the TEA commissioner appoint a conservator to oversee the North East Independent School District’s implementation of its cell phone policy.
The TEA opened an investigation into the district’s implementation of a new state law that mandated districts in Texas implement a policy banning personal communication devices by students on campuses during the school day.
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In August, the NEISD Board of Trustees revised its policy regarding communication devices. The policy requires students to turn off and store their devices out of sight during class. However, students may use their devices during non-classroom periods, passing periods, lunch, as well as before or after school.
According to the special report, TEA officials asked then-Superintendent Dr. Sean Maika about how the information was used to develop the district’s revised policy.
Maika told officials that after conferring with the district’s legal counsel, it was “his impression that because the TEA guidance encouraged districts to define ‘school day’ in their policy, the definition was up to local control.”
Maika also told the TEA that the district had also heard from parents and students and factored that into the decision.
In November, the TEA sent a corrective action plan to the district, requiring them to adopt a policy that it said would be legally compliant with the law.
In January, the board voted to keep its current policy in place.
“There are many questions that are still unanswered, and at this point, members of the board will consider next steps as soon as they can,” NEISD Board President David Beyer said in a statement sent to parents.
The report did not indicate when the appointment of a conservator would take place.