May 8, 2007 7:13 am US/Eastern
N.Y. Judge Upholds City School Cell Phone Ban
by Tamsen Fadal
NEW YORK (CBS) ―
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A state judge said that New York City can ban cell phones in schools.
AP
New York City has a legal right to ban students from having cell phones in public schools, a judge ruled, reinforcing a policy that many parents oppose.
A legal loss for parents, who've been hoping their children could carry cell phones to school. A state court has upheld the city's ban.
This decision comes despite a yearlong battle after eight parents sued the Department of Education, saying their children should be allowed to carry their phones for safety reasons.
The school campus is no place for a cell phone, at least that's what a state court judge ruled, putting the brakes on the debate over whether kids should be allowed to have cell phones in school.
The Department of Education had the ban on the books for several years, but until last spring, many kids carried their phones with them without any consequence.
That will soon change.
The Education Department 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.
But a group of parents did not agree and last July sued the department so their children would be able to carry phones to school for safety reasons.
Despite their opposition, classrooms will now remain cell phone free in New York City's schools.
The judge did leave room for principals to make exceptions to the rule on a case-by-case basis.
But the parents who filed the lawsuit say their fight is not over yet, and they will not rest until the cell phone ban is lifted altogether.
In their lawsuit, the parents argued that the ban on possession of cell phones violated the constitutional rights of students.
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)
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