Appeals Court Upholds NYC School Cell-Phone Ban

NEW YORK — Students and parents in the New York City public school system are reeling from an April 22 decision by a state appeals court to uphold the cell-phone ban at more than 1,400 schools.

Established in September 2005, the policy prohibits the New York City Department of Education’s 1.1 million students from bringing cell phones on campus in an effort to cut down on class disruptions and academic dishonesty.

Parents opposed to the ban claim it violates their right to ensure their children’s safety by preventing communication in the event of an emergency.

In a unanimous decision, the court ruled the policy neither interferes with parents’ constitutional rights, nor prevents parent/student communication before and after school.

The Supreme Court’s Appellate Division ruled that, while parents expressed valid concerns regarding student safety, the ban is reasonable because in the past cell phones have been disruptive and were used to cheat on exams.

City legal representatives say it is the prerogative of the school system to enforce policy decisions about what items students can and cannot bring to school.

School officials instituted the ban in 2005 following the issue of a systemwide discipline code designed to limit the amount of prohibited equipment brought on school campuses. Aimed primarily at finding weapons such as firearms, knives and box cutters, the policy grew to include cell phones, beepers and other communication devices.

In September 2005, department Chancellor Joel I. Klein issued Regulation A-412, which formally barred communication devices on school grounds unless a parent obtained prior approval from school authorities for medical reasons.

The ban was not enforced in schools until April 2006, when the education department announced that students at certain middle and high schools would be scanned by mobile metal detectors upon entering a school.

While a small number of weapons were found, thousands of cell phones were detected and then confiscated, in accordance with the chancellor’s regulation.

In response to the ban, students started sneaking cell phones inside lunches and under clothing, or stored the devices with local businesses during school hours for a small fee.

The appeals court ruling could affect how courts in other states decide future cases challenging cell-phone bans, according to experts.