NYC Administrative Code

§ 10-166 — Use of cellular telephones by schoolchildren.

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What is NYC AC § 10-166?

Quick Answer

This section defines the use of cellular telephones by students in schools, allowing parents or guardians to provide such devices for lawful use during commutes. It prohibits interference with students' use of these phones and grants aggrieved individuals the right to seek equitable relief. Applies to students enrolled in schools under the jurisdiction of the New York City Department of Education.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 10-166 Use of cellular telephones by schoolchildren.

AC § 10-166

a. Definitions. For the purposes of this section: (1) "Cellular telephone" shall mean any mobile analog, wireless, digital or other similar telephone or communications device, which can be used to access two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 CFR § 20.3.

(2)"School" shall mean any buildings, grounds, facilities, property, or portion thereof under the jurisdiction of the New York city department of education or any non-public school that provides educational instruction to students at or below the twelfth grade level.

(3)"Student" shall mean any person under the age of eighteen enrolled in a school. b. Any parent or guardian of any student may provide such student with a cellular telephone for any lawful use en route to and from school. No person shall interfere with the provision of such telephone to, or the use of such telephone by, such student. c. Any person who is aggrieved by interference prohibited by subdivision b of this section shall be entitled to seek equitable relief in any court of competent jurisdiction. d. Nothing in this section shall be construed to affect or limit the right of any school or law enforcement official to enforce regulations regarding the use of cellular telephones. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2007/046.

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