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The Department of Education officials are smiling and parents are seething: Manhattan state Supreme Court Justice Lewis Bart Stone ruled that the DOE could continue to ban cell phones.
The DOE has claimed that cell phones are disruptive and students use them to cheat, while students and parents feel the phones are necessary for safety purposes. The DOE's cell phone ban prompted eight parents to sue the city, and, per the AP, calling the ban "irrational and unsafe" and intruding "on a parent's right to determine a child's care, custody and control." Students resorted to finding babysitters for their phones, comparing notes on what schools enforced the rule, having walk-outs to protest and detailing tales of cell phone-less horror to Public Advocate Betsy Gotbaum.
In the end, Judge Stone agreed with the DOE's position. From the AP and Sun:
He said he did "not rule on the wisdom or lack of wisdom of the cell phone rules" or on any future modification or repeal the DOE might choose to make about rules regarding possession of cell phones in public schools.The NY Times had another Judge Stone quote: "The court finds that banning possession in the school is not an irrational method to accomplish such goal...Neither the state nor federal constitutions include any express constitutional right to bear cellphones." Hmm, is that the sound of cell phone company executives contacting lawyers to work on that? Stone did leave a little wiggle room, by writing, the "court may feel a different choice would have been better."The judge noted that the parents suggested there might be technological "fixes" that would satisfy both sides, but no suggestion was compelling enough for him to find the DOE cell phone rules faulty.
Even if he were to try to impose a technology-based decision, the judge said, the rapid pace of technological change would probably make obsolete any decision he might issue. (AP)
In the court papers, Mr. Stone dismissed the plaintiffs' argument that the ban on possession is more disruptive than a ban on use, noting that teachers would have to replace security guards in enforcing it.
"Under a use ban, cell phones will be carried by teenagers and tweens (and maybe even younger children) whose self control may not be perfectly formed." (Sun)
Parent Ellen Bilofsky told the Sun that on September 11, 2001, her then 14-year-old daughter and Stuy sophomore had wandered around Manhattan because she didn't have a cell phone and couldn't get in touch with her parents: "If they are not able to protect the students, I don't think that they have the right to tell parents not to do what they can to protect their children." Civil rights attorney Norman Siegel, who represented the parents, said that they are "seriously considering" an appeal, but took comfort in the fact that the judge's ruling suggests that principals should make decisions about the ban on a case-by-case basis.
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Good work. Now let's get them off buses and commuter trains...
www.forgotten-ny.com
As a former teacher, I can tell you this: if the DOE let teachers do their jobs and keep students from using cell phones in their classrooms, then this would all be unnecessary.
'Course, if we let teachers do their jobs, then they couldn't subsidize the test-taking industry (which, come to think of it, pays my salary, so maybe I should pipe down :>)).
But then again, with the DOE, it's all about confrontation: either with parents or teachers.
There is really no reason a kid should have a cell phone in school. A teacher should not have to police every student. Between the camera phones, the notepads (great for cheating), texting, games, etc it is a distraction. if you need to get in touch with your kids call the office like people did up until a few years ago. and give them some quarters for a pay phone just in case. just think of how much your family phone will will go down -- great for everyone... LOL
if the DOE let teachers do their jobs
WTF???? Have you read what the Union contract states DOE can and cannot do??? It's the union that's preventing teachers from teaching!!
the cell phone ban is great.
Children have no need for a cell phone. It's more of better than you person because my cell phone does everything blah blah blah
70s, 80s and 90s Children made it through without cell phones why can't they now?
Cell phones weren't in schools as much until about 6-5 years ago - how much has possibly changed that the kids must have their cell phones? Really, there is no need for them.
unfortunately, the "parents" were educated in those same crap inner city schools (aka: not educated)
I remember when I was in High School beepers were the thing, which was even more ridiculous.
Keep them banned. If I didnt need a Cell phone back then, neither do these little shits. Keep a damn quarter on you and phone home.
Two things. First, maybe I'm ancient (at 33), but I somehow managed to make it all the way through high school and college without a cellphone.
Second, the 9/11 complaint is bullshit. NO ONE's cellphone was working because the circuits were jammed, so the fact that her kid didn't have one makes it no more or less likely that she would have been able to get through. I spent over 6 hours trying to get in touch with family and friends that day, and only got through on landlines until about 3 in the afternoon.
KevinWalsh:
You forget to add movie theaters to that list. Can I just watch a movie in peace these days, without constant text messaging and chit-chatting? (answer: no)
I'm not disagreeing on cell phones in classrooms, I'm simply saying that most teachers, most good teachers, can solve this problem in the trenches.
My point is that the DOE is much more interested in picking fights than banning cell phones.
And Anonymous... crap inner city schools? Stuyvesant? Bronx Sci? Crap schools? And also, most sentences start with a capital and end with a period.
yeah those are specialty schools that only the best students attend... they are hardly typical of the average nyc public school. my girlfriend worked for teach for america.. where to begin
The safety argument is asinine. Put it in your locker.
If the idiot parents suing over this could learn, and teach, basic fucking courtesy this wouldn't be a problem.
If you are going to ban cell phones from schools ban them for everyone, administrators and teachers. They should lead by example.
As a former NYC public school student I can attest to several occasions where teachers would regularly excuse themselves to answer their cell phones.
'Course, if we let teachers do their jobs, then they couldn't subsidize the test-taking industry (which, come to think of it, pays my salary, so maybe I should pipe down :>))
I knew this was a Tim N. post before checking signature. How? Because it's straight from the Democratic Party talking points memo.
Here here! My teachers do it everyday!
Great news ! I didn't have a cellphone when I was in school and everything was fine . I got my education, and the Teachers were still handcuffed by the curriculum ! Now comes the hard part, Enforcing the damn thing ! Because parents aren't going to let this stop their blinded-wisdom that cellphones are a need in schools today . Which is total bullshit to say the least but that's what today's little shitheads of tomorrow think .
#5 Steven: *It's more of better than you person because my cell phone does everything blah blah blah*
Um... did you have a seizure or did you fail english? Maybe you should turn off your cell phone and catch up on your reading.
yeah those are specialty schools that only the best students attend... they are hardly typical of the average nyc public school. my girlfriend worked for teach for america.
I completely agree. The typical high school? Forget about it. There are so many bad students in a typical high school that it makes teaching a nightmare for the teacher and a nightmare for kids who actually want to learn something besides rapping.
#18
unfortunately I don't care about my grammar when it comes to an internet blog or message board.
you came to the right place!
The irrationality of this case is best illustrated by the mother who laments that her daughter did not have a cell phone on 9/11. Aside from the fact (noted elsewhere) that cell phone service was virtually nonexistent on that tumultuous day, there is one glaring inconsistency in the mother's argument: there was no school ban in effect in 2001. Her daughter could readily have carried a cell phone to school -- for whatever use it might have been -- IF ONLY HER MOTHER HAD GIVEN HER ONE. Suddenly, the City is to blame for what a parent now sees as a mistake!
Gimme a break, lady!
Wow Tim N., you have a stalker and "he's very predictable" too...
Back on topic: They can easily live without Cell phones during School hours.