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The Appellate Court ruled Tuesday that the Department of Education
has the right to impose a cell phone ban, even though parents and students
oppose it.
In September 2005, New York City’s Department of Education passed
a rule that forbade students to bring their cell phones in public schools.
Students strongly opposed the move, while parents claimed
they needed to stay in touch with their children, especially as the world is
not safe, due to all kinds of emergencies such as the terrorist attacks on
September 11, 2001.
The upset parents called the ban irrational and unsafe and claimed
it was their right to decide what was best for their children.
City lawyers argued that education officials had the right to
make a policy decision concerning the devices students were allowed to carry to
school.
The Court agreed, concluding that “nothing about the cell
phone policy forbids or prevents parents and their children from communicating
with each other before or after school.”
"If adults cannot be fully trusted to practice proper
cell phone etiquette, then neither can children," Justice Angela
Mazzarelli said, according to New York’s Daily News, making reference to the
fact that rude adults leave their mobile phones ringing during movies.
The judges said they could understand the parents’ fears,
but they also insisted the ban was reasonable because phones could be used in
multiple purposes at school, most of them negative ones, such as cheating on
tests and taking pictures in locker rooms.
But parents cannot be convinced the decision is good, and
they said they would keep fighting, taking the issue to the state’s highest
court, if necessary.
"Certainly the department has a rational interest in
having its teachers and staff devote their time to educating students and not
waging a 'war' against cell phones," Mazzarelli wrote.
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