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 employee (identified in the transcript only as the grievant) described continuing symptoms and said, "I cannot walk into a classroom without having a panic attack right now." She told the board she wants to return to teaching but needs treatment and accommodations to do so.

The administration, represented by Shyla Witten, Executive Director of Human Resources, told the trustees the district had followed law and policy in its review. Witten cited multiple medical opinions and independent medical examinations (IMEs) that, in the district—s view, concluded the employee had reached maximum medical improvement (MMI) for the physical injuries from the assault and therefore no further assault leave was warranted. "The district has substantial evidence to determine that [the employee—s] injuries that required more time to recuperate were not physical injuries based on the student's assault," Witten said, noting the district relied on medical reports, some produced through IMEs, to make the decision.

Trustees questioned both sides about medical reports, the timing and scope of assault leave previously granted, communications with the employee, and the district—s ability to accommodate restrictions such as "no loud noises" and "no bright lights." Trustees and administrators acknowledged conflicting medical opinions in the record: the employee and her treating physicians described ongoing concussion-related and vestibular symptoms, while several other physicians who reviewed her case concluded MMI had been reached for the physical injuries.

Key factual points in evidence presented at the meeting: - The assault occurred Sept. 8, 2023; district records indicate the employee was initially placed on assault leave beginning Sept. 22, 2023, through March 17, 2024 (a 6-month period cited in the hearing). - Medical providers named in the record include Dr. Salvato and other evaluators; the administration referenced several physicians and IMEs it relied upon in determining MMI. - The employee—s workers' compensation claim remains active and is handled separately; the employee said she expects a workers' compensation hearing before the state commissioner in March (a workers' compensation hearing date was referenced in the transcript). - The employee—s last day in paid status was reported as April 2, 2024; she said she is currently paying for COBRA coverage.

Board action and follow-up: following executive session, a trustee made a motion to uphold the administration—s level-2 decision; the motion passed 6-1. The board—s public statement after the vote asked the administration to review how it communicates with employees and to review assault-leave committee procedures to ensure they are clear and available to staff. Board President Beyer said trustees would individually review policies within the board—s authority and asked administration to continue process reviews.

Matters the board did not decide at the hearing: trustees did not reverse workers' compensation findings, which are handled through the separate workers' compensation process and, the transcript shows, remain pending. Trustees— questions and staff answers indicated that some medical evaluations had been paid for or arranged by the district and that the district used IMEs under board policy when medical reports conflicted.

What the grievant asked for and what the board decided: the grievant sought a retroactive return to assault leave, reinstated pay and benefits for days assault leave was denied, reinstatement of health insurance and an end to alleged harassment. The board did not grant those remedies and voted to uphold the administration—s prior level-2 decision denying reinstatement of assault leave beyond March 17, 2024. The board directed administration to review communications and assault-leave procedures and made no new staffing or financial commitments at the meeting.

The board—s action closes the internal grievance avenue but leaves open the employee—s separate workers' compensation appeal and other external remedies the employee referenced in the hearing.