The Freedom from Religion Foundation filed a complaint against Hubbard Middle School in Tyler for "violating the constitution".
The Wisconsin-based foundation filed a complaint on September 29 after the school posted on social media about a "see you at the pole" event. Students and faculty gather outside of school around the flag to pray.
The foundation claims the district was unconstitutional to allow any religious message or prayer to be part of a school sponsored event.
Tyler ISD superintendent Marty Crawford said he cannot control what happens on social media.
"We don't have the control over social media. Anybody can make a page. That's kind of that gray area here that's concerning with not only this situation, but nationally," he said.
Moving forward, Crawford said he will make sure faith-based activities are not promoted during class, but he will allow the them to continue.
"I have spoken with the principal about that, and making sure that he understands that this letter was filed, and to make sure we are doing things appropriate to make sure our students and our staff are doing these things outside of the school day."
Crawford said if parents have any concerns at their child's school, contact the principal.