Moratorium on Confiscation of Cellular Phones in NYC Public Schools

WHEREAS THE CONFISCATION OF CELLULAR PHONES:

• Infringes on the rights of parents seeking to provide cellular phones as a tool of protection for their child(ren).
• Intervenes in the ability of parents to communicate with their children and vise versa.
• That are found during random searches does not constitute them as contraband because they are not imposing the rights of others.
• That are found during random searches does not constitute them as contraband because they are not disturbing the natural course of the school day.
• Intervenes in the ability of parents and children to deal with any immediate changes in schedules or events pertaining to their home life.
• Is insensitive to both students' and parents' needs to feel safe and connected while children are traveling to and from school.
• Interferes and intervenes in the parents ability to communicate with their children before school and after school.
• May put a child at risk who finds themselves in a remote location in the school and in need of immediate assistance.

WHEREAS THE DECISION TO IMPLEMENT THIS POLICY:

• Was in direct violation  of the NYS Education Law, Section 2801 that states, “Such policy may be adopted  by  the  school  board  or  trustees  only after at least one public hearing that  provides for the participation of school  personnel,  parents,  students  and any other interested parties” which did not place.
• Without community engagement shows disrespect for the opinions of the parents, legal guardians and the children that the Department of Education is in place to service.
• Continues to create and perpetuate an environment of imprisonment and not of learning for the children of New York City.

THEREFORE BE IT RESOLVED, that the Association of New York City Education Councils calls for:

• The immediate moratorium on the confiscation of cellular phones during random scanning and when passing through metal detectors, concurrent with:
• The immediate convening of public hearings in every community school district, to discuss the impact of such a policy, with the goal of providing a more realistic alternative to diminishing the abuses of cellular phone usage in the schools.
• The New York City Council to hold a hearing on the usage of cellular phones in the schools by students and to hear what the parents that provide these tools of technology have to say.

BE IT FURTHER RESOLVED, that the Association of New York City Education Councils calls for:

• A free and openly collaborative process in all future implementations of policies that affect the children that attend NYC’s Public School System.
• Full disclosure of any communications between the Department of Education and parents on these issues.
• This Resolution to be sent to the parents and guardians of the children who attend public school in the city of New York, the Community District Education Councils, the parent leaders of New York City, education advocates, the members of the Education Committee in the NYS Senate, the members of the Education Committee in the New York State Assembly, the members of the Education Committee in the NYC Council, and to all concerned about the welfare of the children who are attending the public schools of New York City.