Then we tried getting "tougher". We tried to take the cell phone away from the student until the end of the school day. That lasted about 2 weeks, until we were told we couldn't do that any longer because a parent decided to get a jazzy lawyer and sue the district. They, apparently, were convinced that we were endangering their student by taking away their ability to call for help in an emergency. Rather than fight it out in court (and risk losing, as these things tend to go), the county settled and changed the policy. Now, supposedly, the plan is to confiscate the battery, but let the student keep the phone. Of course, students now carry spare batteries, so it doesn't matter.