| Releases & Statements
For Immediate Release:
Wednesday, June 14, 2006
CONTACT: FRANK SOBRINO 212-669-4193/646-250-4322
Statement
of Public Advocate Betsy Gotbaum
for
City Council Hearing on Department of Education Cell Phone Policy,
June 14, 2006
Thank you Chair Jackson and Chair
Vallone for holding this important hearing.
I’d like to start
by addressing any undue concerns about what I, along with hundreds
of thousands of other New Yorkers, have proposed.
I’m not advocating that students
be allowed to use their cell phones in school to download pornography,
cheat on tests, initiate violence, or do any number of things
the Department of Education has enumerated in its alarmist scenarios.
In fact, cell phones
should be neither seen nor heard in school. A cell phone used
in school should be taken from the student using it.
It’s that simple.
And it’s what the vast majority of the country’s largest
school systems do. It’s school policy in Los Angles, Chicago,
Miami, Houston, San Diego, and Dallas.
In fact, after reviewing
the cell phone policies of the nation’ largest 15 school
systems, I found that New York is one of only three that bans
cell phones altogether. Clearly, the DOE is out of the mainstream
on this issue.
My office has heard
from many parents who are justifiably upset because an important
line of communication to their children is being cut off. They
want to know why their right to keep in touch with their children
has been superseded by an out-of-date regulation.
We all want to know
why, so close to the end of the school year, the DOE suddenly
began to vigorously enforce of a long-standing rule that it had
mostly ignored up until now.
The biggest mystery
of all, though, is the city’s intransigence on this issue,
it’s absolute unwillingness to recognize parents’
and students’ reliance on cell phones in the post-9/11 world
in which we live.
On Saturday, in a speech to graduates
at the University of Chicago, Mayor Bloomberg said, “There
is nothing, absolutely nothing, wrong with criticizing our government
on any topic and challenging it to live up to the democratic ideals.”
But that’s not the message he’s sending to students,
parents, teachers, and elected officials who are concerned about
his administration’s cell phone policy. His response to
our criticism has been angry and dismissive.
We need a sensible cell phone policy.
We need a policy that does not treat the vast majority of students,
who use their phones appropriately, like criminals. We need a
policy that does not cause for alarm to parents, or for that matter,
the DOE.
If DoE continues to
refuse to listen to reason on this issue, and come into the mainstream
on cell phone policy, it must at least continue its practice of
returning phones to students at the end of the school day.
It’s ironic: A
widely circulated suggestion that enjoyed a great deal of support
was the idea of allowing students to take phones to schools and
store them in lockers near entrances. Students would put their
phone in a locker upon entering school in the morning and pick
it up at the end of the school day. DoE strongly resisted this
proposal, but in practice it is doing the same thing—just
without the security and efficiency of lockers.
Thank you.
--------------------------------------------------------------------------------
The
Public Advocate for the City of New York
SCHOOL
DISTRICTS THAT ALLOW CELL PHONES
Los
Angeles, California
Enrollment:
735,000
LOS
ANGELES COUNTY SCHOOL DISTRICT
Policy: Cell phones
are allowed in schools
Source: New York Daily
News; May 21st, 2006.
Chicago,
Illinois
Enrollment:
437,000
CHICAGO
COUNTY SCHOOL DISTRICT
Policy:
Cell phones are allowed in schools
Source: New York Daily
News; May 21st, 2006.
Miami,
Florida
Enrollment:
375,000
DADE
COUNTY SCHOOL DISTRICT
Policy: Cell phones
are allowed in schools.
Source: New York Daily
News; May 21st, 2006
Fort
Lauderdale, Florida
Enrollment:
262,000
BROWARD
COUNTY SCHOOL DISTRICT
Policy:
Cell phones are allowed in schools. They shall not be visible
and must remain off.
Source: Sun-Sentinel; July 31st, 2005.
Las
Vegas, Nevada
Enrollment:
245,000
CLARK
COUNTY SCHOOL DISTRICT
Policy:
Cell phones are allowed in schools. They must remain off unless
at a meal or on a bus.
Source: See policy below.
POLICY
5136
Personal
Communication Devices
I. The use by students
of personal communication devices such as cell phones, pagers/beepers
or other similar electronic communication devices, is prohibited
at all district school campuses during the instructional day.
As long as use is not disruptive, students may use these devices
during scheduled nutrition or lunch periods and while on district
buses.
A. These devices must
remain off during instructional time including passing periods.
B. Students who violate
this policy will be disciplined as provided for in the Clark County
School District ’ s Behavior Guidelines for Secondary Students
and the Elementary Students Behaving Positively at School.
Houston,
Texas
Enrollment:
210,000
HOUSTON
COUNTY SCHOOL DISTRICT
Policy: Cell phones
are allowed in schools.
Source: New York Daily
News; May 21st, 2006.
Tampa,
Florida
Enrollment:
169,000
HILLSBOROUGH
COUNTY SCHOOL DISTRICT
Policy: Cell phones
are allowed in schools. Cell phones may not be used or activated
during school hours or on school buses.
Source: See policy below.
Electonic
Devices/Personal Property
1. Personal electronic
devices, i.e., beepers, CD players, radios, and electronic games
or any unnecessary devices deemed potentially disruptive shall
not be allowed at school.
2. Students bringing
any electronic devices for a class project must make arrangements
with the teacher or assistant principal for safekeeping.
3. Cell phones shall
not be activated or used during school hours or on school buses.
4. The school shall
not accept responsibility for personal electronic devices or personal
property of any kind including money.
5. Failure to comply
with these procedures may result in confiscation of electronic
devices or personal property and students may be subject to disciplinary
action.
Dallas,
Texas
Enrollment:
163,000
DALLAS
COUNTY SCHOOL DISTRICT
Policy: Cell phones
are allowed in schools. Shall not be visible and must remain off
during the instructional day. Violation may mean confiscation
and/or $15.00 fine. Notice will be given to family and company
whose name, address, and number appear on device 30 days prior
to disposal of device.
Source: See policy below.
Cellular
Phones, Pagers, and Beepers
[See
Policy FNCE (LOCAL)]
The District prohibits the use of
cellular phones and pagers/beepers at all schools during the instructional
school day. Middle school and high school students may possess
cellular phones and pagers/beepers. However, such devices shall
not be visible and shall remain off during the instructional school
day. In this section, “paging device” means a telecommunications
device that emits an audible signal, vibrates, displays a message,
or otherwise summons or delivers a communication to the possessor.
Texas Education Code Section 37.082. Students who violate this
policy shall be subject to established disciplinary measures.
Administrators shall have the discretion to confiscate and/or
fine students up to $15.00 who violate the provisions of this
policy. Notice shall be give to the student’s parent and
the company whose name, address or telephone number appearing
on the device 30 days prior of the District’s intent to
dispose of the device. Notice may be made by telephone, telegraph,
or in writing.
(See FNCA (Legal)) and
Student the Student Code of Conduct.
Palm
Beach, Florida
Enrollment:
160,000
PALM
BEACH COUNTY SCHOOL DISTRICT
Policy: Cell phones
allowed in schools. Shall not be visible and must remain off.
May not be used on school ground or during school-sponsored program,
including transportation. Camera phones may not be possessed,
displayed or used at any time on school grounds or during school-sponsored
programs, including transportation.
Source: See policy below.
School
Board Policy G6x50-5.183
Cellular
Telephones and Other Wireless Communications Devices
1. Purpose.-- For ease of reference,
this Policy updates and expands upon existing portions of Policies
5.1812 and 5.1813 concerning wireless communications devices,
to clarify that students may possess wireless communications devices
as allowed by Fla. Stat. § 1006.07(2)(e) (except for camera
phones), but students shall not use or display such devices at
any time on school property, at a school function, or on District
transportation.
2. Definitions.-- As
used herein, the terms below are defined as follows:
a. "Wireless communications device"
means a handheld electronic device having the ability to receive
and/or transmit voice, text, or data messages without a cable
connection, such as cellular telephones, digital wireless phones,
radio-phones/walkie-talkies, telephone pagers, PDA phones (personal
digital assistants with wireless communications capabilities),
or RIM ("research in motion") wireless devices.
b. "Camera phone" means
any cellular phone (or other wireless communications device) capable
of taking digital photographs.
3. Restrictions
a. Students shall not possess, display,
or use any camera phone at any time on school grounds or during
any school-sponsored program or activity, including school transportation.
b. Although students
may possess wireless communications devices pursuant to Fla Stat.
§ 1006.07(2)(e), students must abide by section (4)(a)(iii)(G)
of Policies 5.1812 and 5.1813, "if students possess a cellular
phone [or other wireless communications device], it should be
turned off and kept inside a book bag, purse, or similar container,
and it may not be used (and may not be allowed to emit any ringtone
or other noise) on school grounds or during any school-sponsored
program or activity, including school transportation."
4. Consequences.-- The
following consequences may be imposed for violation of this Policy:
a. As stated in section (4)(a)(iii)(G)
of Policies 5.1812 and 5.1813, use or display of a wireless communications
device (other than a camera phone) constitutes a display or use
of an item that is "disruptive to the general peace and welfare
to a school center, school bus, or a school sponsored activity"
and consequences will be imposed accordingly.
b. A student's possession
or use of a camera phone on school grounds or during any school-sponsored
program or activity, including school transportation, shall constitute
"possession and/or use of items or contraband designated
by the school as inappropriate materials" under Policy 5.1812
or 5.1813, section (4)(a)(iii)(H) ("Prohibited Items, Non-Criminal")
and consequences will be imposed accordingly.
c. Additionally, "use
of a wireless communications device includes the possibility of
the imposition of disciplinary action by the school or criminal
penalties if the device is used in a criminal act." Fla.
Stat. § 1006.07(2)(e). Furthermore, "any person who
uses a two-way communications device, including, but not limited
to, a portable two-way wireless communications device, to facilitate
or further the commission of any felony offense commits a felony
of the third degree." Fla. Stat. § 934.215.
STATUTORY AUTHORITY:
§§ 1001.41(2); 1001.43(1); 1006.07(2), Fla. Stat.
LAWS IMPLEMENTED:
§§ 1001.32(2); 1006.07(2)(e), Fla. Stat.
HISTORY: New: 9/13/2004
Orlando,
Florida
Enrollment:
157,000
ORANGE
COUNTY SCHOOL DISTRICT
Policy: Cell phone allowed in schools.
Use is prohibited during school day and on school-sponsored transportation.
Source: See policy below.
Cell
Phones
Cell phones are not
forbidden at school. Their use, including text messaging and digital
photography, is prohibited during the school day (first bell to
last bell and while on school-sponsored transportation). Use is
the operative word when dealing with cell phones as an infraction.
San
Diego, California
Enrollment:
141,000
SAN
DIEGO COUNTY SCHOOL DISTRICT
Policy: Cell phones
are allowed in schools. Students may use them before and after
school. Student grades 9 – 12 may use them during lunch.
Cell phones must be kept out of sight and turned off during the
instructional day.
Source: See policy below.
Possession
and Use of Cellular Telephones and Other Electronic Signaling
Devices
H-6980
Student possession and
use of cellular phones, pagers and other electronic signaling
devices on school campuses and school buses , at school-sponsored
activities and while under the supervision and control of school
district employees is permitted under the circumstance described
herein.
All students may use these devices
on campus before school begins and after school ends. Students
in high school grade 9-12 also may use such devices during the
lunch period.
These devices must be kept out of
sight and turned off during the instructional program. Unauthorized
use of such devices disrupts the instructional program and distracts
from the learning environment. Therefore unauthorized use is grounds
for confiscation of device by school officials, including classroom
teachers. Repeated unauthorized use of such devices may lead to
disciplinary action.
(Approved 12-9-03. Related Procedures
6270. Emergency Procedure 15.)
Jacksonville,
Florida
Enrollment:
127,000
DUVAL
COUNTY SCHOOL DISTRICT
Policy:
Cell phones are allowed in schools. Must be stored in the “off
mode” locker, automobile, or other designated area where
out of sight during school hours.
Source: See policy below.
2.26
Use of Wireless Communication Devices
Wireless communication
devices may be brought to school, but must be stored in a locker,
automobile, or school-designated area where it is out of sight
during regular school hours. The device must be kept in an “off”
mode while on the school property during regular school hours.
Use of a wireless communication device may include the imposition
of criminal penalties if the device is used in a criminal act.
(Any student who chooses to bring a wireless communication device
to school shall do so at his or her own risk. School personnel
shall not be responsible for loss or theft of the wireless communication
devices).
NOTE: Violation of the conditions
in this paragraph will result in confiscation of the device by
school officials, and may result in other disciplinary actions
set forth in the Code of Student Conduct under Class II Offenses.
The confiscated device will be returned to the student’s
parent/guardian only.
SCHOOL
DISTRICTS THAT BAN CELL PHONES
New
York, New York
Enrollment:
1,049,000
NEW
YORK CITY SCHOOL DISTRICT
Policy: Cell phones
are not allowed in schools.
Philadelphia,
Pennsylvania
Enrollment:
197,000
PHILADELPHIA
SCHOOL DISTRICT
Policy: Cell phones
are not allowed in schools.
Source: New York Daily
News; May 21st, 2006.
Detroit,
Michigan
Enrollment:
166,000
DETROIT
SCHOOL DISTRICT
Policy: Cell phones
are not allowed in schools.
Source: New York Daily
News; May 21st, 2006.
|
