NEISD board upholds administration in teachers assault-leave grievance; urges process review

The Northeast Independent School District Board of Trustees voted 6-1 to uphold the administration—s level-2 decision denying continued assault leave for an employee who was assaulted by a student on Sept. 8, 2023.

The grievance hearing, held in open session at the board meeting, centered on whether the employee—s ongoing symptoms (including concussion-related complaints, tinnitus in the left ear, headaches, balance problems and anxiety) qualified her for additional assault leave under Texas Education Code 22.003(b) and district policy. The employee asked the board to restore assault leave retroactive to March 18, 2024, restore pay and benefits for days leave was denied, reinstate health insurance and stop what she described as harassment by the district.

The issue—s importance: assault leave under Texas law provides paid leave to employees who sustain physical injuries while performing job duties; whether symptoms are treated as continuing physical injuries (versus primarily psychological effects) was the legal and factual focus.

At the hearing the employee—s representative, Tom Cummins, summarized medical reports and the employee—s treatment history and asked the board to grant relief. "Please vote to support her healing by placing her back on assault leave with full pay and benefits retroactively," Cummins told trustees. The…