Legal Question in Education Law in California

Student Cell Phones

Is it legal for a local high school to prohibit the carrying of cell phones by a student while on campus? That is the situation here. I can understand demanding that student cell phones be turned to ''vibrate''-type rings, and that non-essential communication be prohibited during class times, but, as a parent, and since the technology is available, I want to be able to reach my child and for him to reach me in case of an emergency. At our local high school students are required to leave cell phones turned completely off and in their lockers all day. Have there been any regulations or laws codified at the state level regarding this question that might supercede local school policy?


Asked on 9/30/05, 4:11 pm

1 Answer from Attorneys

MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Student Cell Phones

Dear Parent:

1. No laws, yet!

2. As a parent, that need to be able to reach one's child is quite compelling!

3. The educational facility has an absolute right to set its policy and enforce same. The prohibition of cell phone use is several fold understandable: drugs, distractions, danger. Walking into other students and or into class w/ a cell phone is not a privilege nor is it a right.

4. As a parent you would like to strap a LOJAC to your child, but they will have to wait to call you when they get an off campus lunch pass, etc.

5. With so many yougsters text messaging, they do little work in school and that is the School District's perogative to allow or legislate out.

Regards

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Answered on 9/30/05, 5:12 pm


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