San Antonio School Board Defies State Over Cellphone Policy

North East ISD trustees vote to keep rules allowing student device use during non-instructional time, despite state mandate.

Jan. 27, 2026 at 6:39pm

The North East Independent School District (NEISD) board of trustees voted unanimously to maintain a policy allowing students to use cellphones during passing periods, lunch, and before/after school, despite conflicting with a new Texas Education Agency (TEA) rule that requires districts to ban student device use during the "school day." The district now faces potential state oversight or enforcement action from TEA for refusing to align its local policy with the state law.

Why it matters

This standoff between NEISD and the state education agency highlights the ongoing tension between local control of school policies and state-level mandates. The issue has drawn attention from parents, lawmakers, and education leaders across Texas as a test case for how much autonomy districts will be granted in setting their own rules around student cellphone use.

The details

At a special meeting, the NEISD board voted 7-0 to keep its existing policy that treats the "school day" as only instructional time, allowing student device use during non-instructional periods. This conflicts with House Bill 1481, which requires Texas districts to ban personal communication devices "during the school day" and set a policy by September. TEA has warned NEISD that the district's approach violates state law and gave until the end of January 2026 to change its policy. However, trustees criticized the state's actions as an "abuse of power" and say they will wait to see if TEA escalates enforcement.

  • The NEISD board voted on the cellphone policy on Monday, January 27, 2026.
  • TEA gave the district until the end of January 2026 to align its policy with state law.

The players

North East Independent School District (NEISD)

A school district in San Antonio, Texas that is defying a state mandate to ban student cellphone use during the school day.

Texas Education Agency (TEA)

The state education agency that has ordered NEISD to change its cellphone policy to comply with a new state law.

Diane Sciba Villarreal

An NEISD trustee who criticized the state's actions as a "blatant abuse of power."

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What they’re saying

“I think this is a test case.”

— Diane Sciba Villarreal, NEISD Trustee (KENS5)

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

What’s next

TEA must decide whether to accept NEISD's reasoning, extend the timeline, or escalate with enforcement actions that could lead to state oversight or a courtroom fight. NEISD officials say they would prefer to keep talking, but are bracing for whatever response the agency chooses next.

The takeaway

This case highlights the ongoing tension between local control of school policies and state-level mandates in Texas. NEISD's defiance of the TEA rule has drawn attention across the state, making it a test case for how much autonomy districts will be granted in setting their own rules around student cellphone use.