Court Upholds NYC's Cell Phone Ban In Public Schools

Yesterday the Supreme Court, New York County found that the NYC Department of Education has a legal right to ban students from having cell phones in public schools. The ban has actually been on books for several years but was not enforced. However, when the city began random security checks in schools in April 2006 as part of a weapons crackdown, authorities began finding and confiscating hundreds of cell phones. Parents vigorously opposed enforcement of the policy citing safety concerns. The Department of Education has said that the phones are disruptive and could be used for cheating, claiming that the ban was a reasonable way to preserve a safe learning environment. Enforcement of the policy was supported publicly by Mayor Bloomberg. Eight parents who opposed the policy commenced an article 78 proceeding in July 2006, challenging the ban as irrational and unsafe. They also argued that it intruded on a parent's right to determine a child's care, custody and control, and was unconstitutional. Supreme Court Justice Lewis Bart Stone disagreed with the parents and found the cell phone ban rational and legal. Justice Stone did leave room for principals to make exceptions to the rule on a case-by-case basis. The parents' attorney Norman Siegel indicated that they were seriously considering appealing the decision. For stories Click Here and Here.