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.

[biffhenerson]

Yes! Yes! Yes!

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.

[gsekse]

Generation Gap

I use my cell in business, but have NO problem shutting it off. I also keep my conversations short and to the point. I never really liked to "chat about nothing" over the phone. I grew up with many more restrictions than they have today, but less restrictions in other things. I remember when cable TV was an option. Now, if you mention only having 3 channels, people look at you funny. I never use texting, probably because I use email and figure that I'll get a response when they are ready. If I need an immediate response, I... ah... CALL them! Which would be the reason to have a cell phone? If I'm busy or they are, I let it go to voice mail. I don't HAVE to take the call.

[wratbatblue]

Tough Choice

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.

[biffhenerson]

Its the majority not the minority

When it comes to children, its the majority and not the minority that have their cell phones ringing off the hook during class. They also use them to text and cheat. When it comes to adults, its the minority that cant follow the rules. So I guess that is progress and they do learn. Perhaps when its too late though. They need to stay focused while there in school. Not when they are 25.

[bjdash]

Well....

That is the current system that is in place in the place that I
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!

[k2dave]

Parents have given up their rights to their children

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.

[Belinus]

Wanna bet?

Go put your kid in a private school or a religious one where you PAY for them to go there.

[dougmccaughan]

Teach Cell Phones, Don't ban them

(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/

[groink_hi]

School's job is not to teach common sense...

Common sense is in one's self. Common sense is learning what others dislike, and therefore will not do things others do not like. And, common sense is about life savvy.

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.

[Stefaninafla]

Good for New York

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.

[dougmccaughan]

Move forward..don't fear technology

"They're an nuisance in the classroom, and not necessary at all."

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.

[fokkwp]

Need locking timer

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.

[james.grimes]

schools control cell phones?

Let the school control a cell phone I bought for my child? I don't think so! I bought the phone for my child, so I control the phone--end of discussion.

[dcase99]

Baloney!

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.

[Leria]

There is an alternative

Teachers can stop being so BORING that students don't listen to them, and we can start testing students before each grade level to see how much they know, and then put them in classes where they can be challenged.

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.

[Travis Ernst]

This is not a movie theatre

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.

[kartbart]

Children don't have constitutional rights?

I hope you don't live in the US of A. Underage, minors, kids, infants, babies in mother's wombs all have consitutional rights. The later just ain't recognized as a human being - thats the tragedy of abortion.

But every human being and citizen in the US has constitutional rights.

[McPlot]

I guess I am old

Wow, I guess I am old as when I was in High school and my parents needed me for some reason, they would call the main office who would then send someone to take me out of class. When did that not become possible?

[tech_crazy]

I think we are missing the point

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.

[Leria]

You get the point exactly

While I think that banning cell phones in the hallways is going a little too far. I can understand in classrooms, but not in the hallways or even the library.

Better yet, recommend that the students leave their phones on vibrate and in their book bags, so that they do not disrupt class.

[Belinus]

Students Do NOT Need Cell Phones

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.

[Leria]

Yes, they do need cell phones

Say that someone was to break into a school, manage to get past all the security, and SILENTLY take over a classroom..... how are the students going to inform someone that happened?

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.

[Bryce Mirtle]

Touchy Situation

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...

[wxcc2004]

Being able to communicate with your kids is what you do when you spend time with your kids. Alot of times both parents have latchkey kids so the parents can earn more money for their materialism. If a parent needs to use cellphones for "communication" you don't have communication to start with.

[Leria]

Cheating and harassment?

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.

[bjdash]

Real Life...

In real life, we do not always have the formula in our hands to do
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!!

[Dalkorian]

people!

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.

[Belinus]

Amen!

Thank you!

[wxcc2004]

amen to that!

[Stefaninafla]

Comparing apples and oranged there

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.

[volterwd]

The rights issue is a red herring

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.

[R.Jefferson]

Order maintenance, trumps privileges and rights, period.

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.

[HiF|yer]

Students have the right to shut the *F* up

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.

[amandachuck]

why won't this stupid story get off my RSS feed?

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?

[mitruxx]

I'm so sick of CNET screwing up the date.

You'll have that story at the top of your RSS feeds till January 09.
That's the date that they said the story was on. idiots!

[mitruxx]

Fix the friggin date on this story, Anne!

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.

[amikourin]

Banned then monitored.

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.