Proposed School Cell Phone Ban

The New York Civil Liberties Union (NYCLU) opposes the amendment of Education Law §2803 to add provisions proposed in the governor’s budget legislation to prohibit student use of smartphones during the school day (“cell phone ban”).

The governor’s proposed amendment puts students at an increased risk of police searches and surveillance, potentially dangerous interactions with law enforcement officers, suspensions and the school-to-prison pipeline. Without a clear plan for protecting kids from these risks, the governor’s legislation will inevitably result in conflict, missed classroom time, and racially unjust enforcement.

Notably, the ban falls far short of its express purpose: to address students’ mental health needs. While young people have urgent needs for access to safe, reliable and private counseling and medical services, this bill provides none of those. Instead, this proposal will funnel precious public dollars away from mental health supports to purchase storage devices for phones. We urge the state to take young people’s mental health seriously, making grants to schools to hire psychologists, social workers, and school nurses instead.