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.

teach.... and in theory it works well.
The problem is that many people do not do anything about the
problem and this causes issues...
We have a judge in our system who deals with cell phones as
well... and she gives out community service for their use in
school. That doesen't work either. There really is no fix all, but
there needs to be something done.
This plan does work the best so far (we have tried many) but it
still has its flaws!
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.
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/
You think that schools should teach proper use of cell phones? First of all, there are other things students should be learning FIRST, and one of these is Internet savvy. You have millions of teens being involved in social networks and surfing the web, and quite a few of them have not built up their Internet savvy shell that protects them. As a result, you have thousands of PCs affected by viruses because they surfed places they should not have gone to, and pedophiles who despite the idea that "kids know more about computers than their parents" are able to catch these kids. And I won't even dip into the bullying and other social network issues. For the record, students shouldn't be learning all of this at school either.
School time should be spent learning the three R's. Teaching technology savvy would require MONTHS of additional time; incorporating this into the existing curriculum would take away time that would be better spent on other subjects. You can't just teach them; they MUST accept the fact that it is best that they change their lifestyle and practice these suggestions. Many teens today have this notion that adults are anti-fun, and anything adults say must be something just to cut them off even more. It is like sex education... Just about every kid entering high school knows about safe sex and contraception. But teen pregnancy is at an all-time high. Knowledge is NOTHING if a kid is in denial.
Spending school time teaching these frivolous things is a waste.
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.
This is the same attitude that was once taken to programmable calculators. Now programmable calculators are required for some classes. The school even loans out calculators to students who cannot drop $100 on a TI-83.
It is wrong to assume that every child will jump to cheating with a cell phone. You know, the children that want to cheat will with or without a cell phone. That's a matter of character not technology. As for being a nuisance, that's simple matter of education. Oh wait! Schools educate. How appropriate that we include cell phone etiquette in the curriculum!
Watch this video to see how a Canadian school turned cell phones into tools for learning and had great success: http://www.youtube.com/watch?v=zhAH6nncCKw
73% of secondary students use a cell phone on a daily basis (pulled from http://www.youtube.com/watch?v=P8oD8IlzZD8&feature=related ) The cell phone must find its way into education because the cell phone will be such an integral part of their adult lives.
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.
Personally, I told my children that they did NOT have to listen to a teacher or 'authority figure' if they did not wish to, unless that authority figure was trying to keep them from physically harming someone else.
Any other situation, and the 'authority figures' are overstepping their bounds and need to be SLAPPED down for that.
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.
But every human being and citizen in the US has constitutional rights.
Better yet, recommend that the students leave their phones on vibrate and in their book bags, so that they do not disrupt class.
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.
Answer: With a cell phone from inside the classroom.
As to the 'cell phones being used for cheating' ********.... I FIRMLY believe that all tests should be OPEN BOOK, period and done with, even at the college level.
Memorization is NOT the same thing as learning, nowhere close in fact.
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...
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.
something and it does help if you know what you are doing.
I am not sayinf that cheeating doesen't happen... I am a teacher I
see it all the time, but to encourage it... that is the the kind of
volunteer I would kick out so fast their head would spin...
Corupt your own child...leave the rest alone!!
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.
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.
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.
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.
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.
blogger paying cnet extra to keep her name on top?
That's the date that they said the story was on. idiots!
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.
- Banned then monitored.
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by amikourin
May 1, 2008 6:26 PM PDT
- When I went to high school, originally cell phones were banned
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Reply to this comment
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See all 68 Comments >>(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.