Parents Challenge School Cell Phone Ban
July 13, 2006
A group of parents filed a lawsuit in State Supreme Court Thursday against the Department of Education, saying the ban on cell phones in schools jeopardizes their children's safety by eliminating their link to their family.
In April, the DOE began carrying out random, unannounced weapon scans at several schools around the city, and those searches also turned up thousands of cell phones that would otherwise have been undetected. In all, the DOE says some 3,000 cell phones have been confiscated from students since April.
They're only returned if a parent comes to pick the phone up.
The City Council has introduced legislation that would allow students to carry cell phones to and from school if they keep them turned off.
Attorney Norman Siegel, who is representing the eight parents who filed the lawsuit, along with the Chancellor's Parent Advisory Committee, against the DOE, said Thursday that he understands that students shouldn't be on their cell phones during class time, or using them to cheat on tests, but that they do need them to stay in touch with their families.
“The ban on cell phones, very simply, needs to be lifted so that a vital communication link between parents and students before and after school hours can continue,” said Siegel.
Siegel also says the DOE should be able to develop a plan whereby schools can hold cell phones during the day and return them to students when they leave school.
Parents a P.S. 45 who spoke with NY1 said they need to be able to reach their children.
"He got into trouble," said one parent of her son. "He was beat up so bad and I said, you know, if he had the cell phone, he would tell “Mommy I’m in trouble, can I be excused at this time?’ I couldn’t get to my child."
“We need to communicate with them constantly because of different situations that happen in the school, that happen even at home, you know," added another parent. "They’re growing up key-latch [sic] kids, some of them come home and they’re by themselves, we need to address it, we definitely need to address it. I like the fact that we have the cell phones."
Siegel adds he’d like the DOE to agree to a 90-day trial period at the beginning of the next school year to see if schools can figure out way to hold cell phones, allowing students to have them while going to and from school.
The DOE would not comment on the specifics of the suit, but a spokesman said in a statement: “It is [the department’s] experience that when cell phones are brought into school they are used. There is no constitutional right to disrupt a student's education."
The department also claims there have been 2,500 disruptive incidents in schools due to cell phones in the past school year.
Mayor Michael Bloomberg also stands firmly behind the ban, saying he doesn't want the phones anywhere near the schools.
However, the measure to lift the cell phone ban has so much support in the City Council that members could easily override a veto by the mayor, and that could set up another court battle.
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