Parents sue to overturn ban on students carrying cell phones in schools
Eight parents and an organization of parent association leaders have sued the City of New York's Department of Education (NYED) to overturn a ban on students carrying cell phones in public schools. The plaintiffs argue that the ban is so broad and blunt that it violates their constitutional right as parents to keep their children safe and to raise them in the way they see fit. The ban violates their due process right to personal liberty under both the state and federal constitutions, they say, because it interferes with the relationship between parents and their children, without a compelling education reason for doing so. The claim echoes arguments raised more than a decade ago by parents who sought to overturn a policy by then chancellor Joseph Fernandez of providing condoms to public school students. In 1993, a state appellate court upheld the parents' right to decide whether their children should receive condoms. Critics contend that the ban compromises students' safety by making it difficult for students to keep in touch with parents before and after school. Parents complain that many of the students travel long distances to school and the phones provide a lifeline. Many students are responsible for picking up younger siblings and need the phone to communicate with those siblings, they say. NYED officials counter that the ban is necessary because students use mobile phones to cheat, make drug deals, and take photographs in locker rooms. Even the most innocuous calls during school hours can be disruptive to the learning process, they note. The ban dates back to 1988 when then chancellor Richard Green banned beepers and other devices favored by drug dealers. The regulation states such devices will be confiscated by the principal and returned only to a parent. Most principals were not enforcing the policy until NYED instituted random searches. An NYED spokesman says 3,233 phones have been confiscated. Most private schools in the city allow students to carry cellular phones provided they are turned off during classes. While the teachers' union officials support allowing principals to exercise discretion in regard to phones, they believe a total ban is extreme.
New York Times
By Anemona Hartocollis
[Link to full story]
New York Times
By Anemona Hartocollis
[Link to full story]
[Editor's Note: For background, see the item below from last week's Legal Clips. Also see the petition below.]
[NSBA School Law pages on school policies on electronic devices]
[Cellphone Petition]