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April 23, 2008 6:05 AM PDT

N.Y. court upholds school cell phone ban

New York City's controversial prohibition of cell phones on school grounds can continue, a state appellate court has unanimously ruled.

The city's school system instituted the possession ban in September 2005 as part of its efforts to maintain school security and discipline, contending the mobile gadgets can promote cheating and harassment, and began confiscating them from students the next year. But parent advocates had challenged the rules as overly broad and irrational, arguing that cell phones were a "lifeline" for families trying to reach their students, particularly during their commutes and after-school activities.

In an opinion released Tuesday, the appellate court disagreed sharply with the parents' stance.

"The cell phone ban does not directly and substantially interfere with any of the rights alleged by the parents," Justice Angela Mazzarelli wrote in the opinion.

The justice also took a shot at adult cell phone use, writing:

The Chancellor's determination that a mere ban on cell phone use would not be sufficiently effective was not irrational. It is now routine before theater, movie and other cultural presentations attended by adults, for patrons to be asked to turn off their cell phones. Even then there is no guarantee that the cell phone of an inattentive person will not ring at an inopportune time. While the vast majority of public school children are respectful and well-behaved, it was not unreasonable for the Chancellor to recognize that if adults cannot be fully trusted to practice proper cell phone etiquette, then neither can children.

The fight may not be over yet: The group of parents battling the ban is considering asking the state's highest court to look at the case, according to a New York Daily News report.

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Add a Comment (Log in or register) 67 comments (Showing first 20 comments)
Yes! Yes! Yes!
by biffhenerson April 23, 2008 7:14 AM PDT
It is so funny to hear people say that their little johnny is such a perfect child and that they have the right to reach him in the event of a comet hitting the earth. First of all, johnny is a little pervert cheater with no respect for his teacher or the classroom. Second of all, the parents are just as bad as their kid. Sick sick sick. They all need to be be put back on track and taught what is right and what is wrong. They can stomp their feet and throw a tantrum or they can pull their heads out of their butts and see the light. Boo hoo... Cry me a river. We never had cell phones when I was in school. Somehow I survived. Somehow may parents picked me up from football. Somehow they picked me up when I was sick at school. Somehow they were contacted when I threw spit balls. Kids and parents nowdays are screwed up big time.
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Tough Choice
by wratbatblue April 23, 2008 7:14 AM PDT
While I sympathize with all areas of society that are beleaguered by "inattentive" and plain inconsiderate cell phone users, it seems to me that this is yet another case of the many being punished for the actions of a few. Why can't we, as a society, simply hold people responsible for their own actions? In this case, inattentive or inconsiderate cellers could have their phones confiscated (and returned) for a first offense, followed by suspension for second and subsequent offenses. Some would say that is too draconian a reaction; however, after the first offense, it is no longer really a cell phone violation that is being punished. It is, rather, the failure to follow rules set up to insure smooth functioning in a group dynamic, and would serve as an excellent opportunity to remind budding adults of their responsibility to play as part of a team.
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Parents have given up their rights to their children
by k2dave April 23, 2008 7:46 AM PDT
The schools are legal guardians of their children while they are at school, their is a term that I forgot that defines this legally. But over the years, decades parents have surrendered more and more of their parental rights to the state, the state has the right to impose rules on the children under their watch.

In a mass emergency situation, having parents contacting their children and children contacting their parents would 1: cause cellphone congestion and may prevent really emergency calls from getting out 2: userpt the authority of the teachers that are responsible for the care of the children, causing disorder.

Ideally children should be allowed to carry phones as long as they are off, and can check them during breaks and the like. But practically, kids being kids this can't happen.

Also parents already have a way of contacting their kids in a emergency, call the office, the office can get their child. This seems far better then allowing direct calling to the child in class.
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Teach Cell Phones, Don't ban them
by dougmccaughan April 23, 2008 8:18 AM PDT
(repost. I was having trouble submitting earlier and apparently my original comment was lost.)

I find it disheartening that for reasons which sound fearful and lacking of understanding "...contending the mobile gadgets can promote cheating and harassment..." that schools fail to teach a tool which will be integral to our children's success in life once they leave school. Schools should be teaching our children how to use the tools on the cell phones including productivity management (calendar apps, todos, alerts), etiquette (better to learn it in school than on their first job!), emailing, sms, Internet searching from the phone, social networking (that's how contracts and sales will be landed, jobs offered, and an edge above the rest secured), and so on.

Address issues of "cheating and harassment" on an individual basis and let's not limit our children's education based on speculation!

More here including a video where teaching cellphones in school proved to be successful: http://realityme.net/2008/02/23/teach-cell-phones-dont-ban-them/
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Good for New York
by Stefaninafla April 23, 2008 8:50 AM PDT
I fully support banning cell phones in schools. They're an nuisance in the classroom, and not necessary at all. Schools have phones for parents and children to be able to get a hold of each other when needed.
Cell phones weren't an issue when I was in school, and we all managed to survive, and get dropped off & picked up when needed.
It's called planning, people.
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Need locking timer
by fokkwp April 23, 2008 9:14 AM PDT
So, build a locking timer into the phone - shuts it off during school hours, but kids keep phones. Special recognizable model of phone, marketed by the tens of thousands to school kids. Option to allow incoming call from school office phone number after parent calls school office. Basically during school hours, school controls the phones.
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Baloney!
by dcase99 April 23, 2008 9:16 AM PDT
You don't need to teach kids how to use their cellphone. Give a kid one and time them on how fast they master it, it will be measured in minutes if not seconds.

The problem is kids don't do what they are told (DUH). So given that, there is little alternative but to take away the cell phone.
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This is not a movie theatre
by Travis Ernst April 23, 2008 9:26 AM PDT
You CHOOSE to see a movie, you PAY to see it, and can leave if
you want. Schools are ENFORCED to be attended by the kids.
Thats two different tiers not proper to compare to.

They won't be able to seize all the cells if this holds up, for
safety of the child. If they (kids and admin) try jammers that
would cause huge lawsuits if there was a true emergency.

Some of the kids must have gone the next level and went to
VOIP through wireless from laptop to laptop phone
communications with bluetooth headsets.

I agree, there is a generational gap. When the phones came out
in bricks back when the costs were sky high (I had one of
those!). You didn't use them unless you HAD to. Now prices are
as cheap as a few gallons of milk for a months service.

This is murky territory. It's not a private company, it's dealing
with underage that don't have constitutional rights yet, so where
they courts step is not on solid footing. The only students that
they MAY have issues with are those FEW that are of legal age if
any exist still in the system for a few months. Those of age may
have rights to carry phones, even though a phone is nothing
along the lines of a firearm or other items one earns the right to
carry at age 18.
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I think we are missing the point
by tech_crazy April 23, 2008 10:34 AM PDT
I can understand a ban while in class and libraries and maybe even in the hallways, buildings etc. But I see it going too far when it is banned even on the school grounds. At that stage, it does not disrupt anything for the most part.
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Students Do NOT Need Cell Phones
by Belinus April 23, 2008 10:49 AM PDT
The "lifeline" thing is just an excuse. If a parent needs to speak with their child, they can call the main office who will either call down to the room the child is in or have them brought to the office to take the call. It is just that simple.

In the event of a mass emergency, the school would go into lockdown anyways and parents would have to come pick their children up physically.

As for the cheating thing: You can prevent the disease by removing the pathogen. If you can prove that cell phones serve a legitimate, educational purpose, then fine. But if you can't then there is no reason for them.

Cell phones are a CONVENIENCE, not a right.
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Touchy Situation
by Bryce Mirtle April 23, 2008 11:04 AM PDT
I feel kids should be responsible and have their phones on a
vibrate mode during school hours. But to not allow phones on
school grounds seems a little irrational, parents need to be able to
communicate with their kids. I'm not sure how I would deal with
the kids whose phones are constantly interrupting class...
Reply to this comment
Cheating and harassment?
by Leria April 23, 2008 11:13 AM PDT
Like those cannot be done WITHOUT cell phones? Hell, most of the 'cheating' that is going on, coming from volunteering at a local middle school, is usually the children using a programmable calculator to keep all the formulae that the teachers want them to memorize inside of it, and I don't see that as cheating, because I ENCOURAGED the students to do that.

Memorization is NOT the same thing as 'learning' and it's about time to recognize that some students are NOT good at memorizing things, and allow them to use these shortcuts, just like they would be able to use them in REAL LIFE.
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people!
by Dalkorian April 23, 2008 11:16 AM PDT
Look, the bottom line is this: YOU ARE NOT THAT IMPORTANT.
Neither is your kid. You do NOT have to be able to be in 24/7
contact with your kid and the proof of that is in the
"conversations" you are having with them over the phone. A few
contrived examples of why it's a good idea are just that - made
up examples to make insignificant morons feel important.

Maybe took at it from the other angle - why should the
education of other kids suffer just because you want to ask
Johnny where he left the remote?

Get over yourselves people. You just aren't that important.
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Comparing apples and oranged there
by Stefaninafla April 23, 2008 8:22 PM PDT
It's much harder to disrupt a class using a calculator than a cell phone.
Besides, when I was in school I was expected to learn to do the math, not use a calculator as a crutch.
Sorry, I'm not buying your argument. There are far better tools for accessing data in the classroom, such as computers that limit what a schoolchild can access to class-oriented material, or heaven forbid, books.
Cell phones do not belong in classrooms.
Reply to this comment
The rights issue is a red herring
by volterwd April 25, 2008 9:59 AM PDT
Because children go to school to learn. These so called 'rights' are interfering with the job at hand which is to educate the students in the basics.

You are not at school to
-Socialize
-Be babysat
-be taught to do things you should already know from your parents/guardians (such as turning off your phone at inappropriate times)

Unfortunately because of parents like the ones suing here schools do these things instead of actually teaching.

By the way if you think kids don't use cell phones inappropriately at school... go check youtube.
Reply to this comment
Order maintenance, trumps privileges and rights, period.
by R.Jefferson April 25, 2008 1:46 PM PDT
This is well established law.

Most adults are inconsiderate ingrates when it comes to cell phones, children are worse. Cell phones are communication tools, not toys for amusement or entertainment.

You go to school to learn, and order must be maintained. Life existed before cell phones and will continue to do so. If children need to make an emergency call they can ask or go to a payphone.
Reply to this comment
Students have the right to shut the *F* up
by HiF|yer April 27, 2008 2:35 PM PDT
The court is right. Parents have a responsiblity to teach respect for teachers and respect for the other students in a classroom. Since many parents don't know how to do this, because their own parents never taught them how to respect anything, we have a big and growing problem.

Cell phones are subject to abuse. Students have a right to not be disturbed by other student's cell phones or conversations. One student's rights to talk on a cell phone end where the next student's ears begin.

Phones should be confiscated by teachers or principals and not returned until the parent of the child shows up to claim it and sign an acknowledgement of responsibility for their child...of any age.

A school is not a democracy. It is a chance for children to learn the basics of what they need to know to function in a democracy. It is clear that "schools are failing" when they turn out such twisted minds as I see in some of these forums, who believe their child should not be submissive to the teacher's authority. Bad parenting is what makes schools fail. And then students turn out to be more bad parents. An endless cycle that is stealing the civility from our country.
Reply to this comment
why won't this stupid story get off my RSS feed?
by amandachuck April 28, 2008 6:19 PM PDT
it's stuck at the top as news, but it's old, baby! who cares? is the
blogger paying cnet extra to keep her name on top?
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Fix the friggin date on this story, Anne!
by mitruxx May 1, 2008 5:06 PM PDT
jesus, woman. Fix the friggin date. I don't want to look at this
crappy story till January 09 on the top of my RSS feeds. This is the
second time you dolts couldn't figure out a way to put the correct
date. I should just drop cnet news all together. Nothing but
garbage anyway.
Reply to this comment
Banned then monitored.
by amikourin May 1, 2008 6:26 PM PDT
When I went to high school, originally cell phones were banned
(I'm from Texas) under the pretense (or so I was told -- I'm sure
Texas is not the only the state that keeps relatively out of date
laws in practice) that students would be drug trafficking. It was
a bit ridiculous too since many of us would at least wait until we
had time like after school to use them (like when the last bell
rang). I remember being told by a police officer that they're
banned from campus, and he could still confiscate it...when it
clearly was not during school.

My high school lightened up when we saw signs the following
year that said the phones just needed to be off. If the phone
goes off in class then it's confiscated and the guilty party has to
pay $15.

I don't think a total ban is going to do a lot of good only
because now we actually need them and since they've been so
integrated into society, in a way, it's not entirely practical.
They're not so much addressing the problem as their just using
a quick and easy fix -- it would be wiser to teach them
responsibility. As for the cheating, now that I'm in college, one
of my professors made us put all of our things at the front of
the room during exams WITH the phone OFF, and if the cell
phone wasn't turned off, he would go and throw away the bag
with the "annoying, bloody ringing" and whosoever did not turn
it off would cost the class 5 points -- though after the bag is
thrown its pretty easy to see who just failed.

That might teach them manners -- just a responsible student's
opinion.
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