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Court Rules Texas Schoolgirl Must Be RFID Tagged Or Expelled

From The Register:

A federal court has ruled that a Texan teenager must wear an RFID tag if she wants to go to her school of choice, despite objections on religious and privacy grounds.

Last November, Andrea Hernandez, 15, was expelled from the John Jay Science and Engineering Academy in San Antonio, Texas after refusing to take part in a pilot "Student Locator Project," which tracks students anywhere in the school via RFID tags worn on a lanyard. Students need them to get food at the cafeteria, vote in school elections, or to take bathroom breaks.

Hernandez declined to wear the tag on religious and privacy grounds. The school offered to let her use a lanyard without an RFID tag, but this too was declined. She was suspended from school, but that was lifted after a legal case was filed on her behalf by John Whitehead, president of The Rutherford Institute.

On Tuesday, the court has ruled that the Northside Independent School District (NISD) is within its rights to force Hernandez to change schools to one not using the RFID system and upheld the principle that students should wear the tags. But Whitehead told The Register the ruling ignored several factors and Supreme Court rulings and vowed to appeal.

The issue was not going to go away, he warned, with another 200 schoolchildren now refusing to wear the RFID badges. Rutherford said that the purpose of the scheme wasn't pupil safety, but so that it could confirm attendance numbers for extra funding, and said there are strong commercial pressures to expand the $500,000 pilot program, which is paid for from the education budget.

So far there has been no sign of any more hacking activity against the school following the verdict. A hacker claiming to be affiliated with Anonymous took down the school's website after the initial expulsion, but there is no sign of any reaction to the latest news.

The family will be filing for an appeal immediately, Rutherford said, but it may be that Ms. Hernandez will be forced to leave the John Jay Science and Engineering Academy this month, although a staying order may be granted.

PX Eliezer704
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Hutt River

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PX Eliezer704

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It is noteworthy that both liberals and conservatives are united in opposition to this RFID policy.

---------------------------------------

Prisons will start to actually "chip" the inmates. Few citizens will object.

Nursing homes will start to "chip" the old folks. Some people will object but still not that many.

Then will come all the students. Hey, they're just kids.

Finally the rest of us, and it will be too late.

trakmenot
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Re: Schoolgirl Must comply with her Master or be flogged

A 5 second baking the microwave takes care of that chip real quick. when the school complains... "Oh I must of put that card on my wireless through the air charger. Dang, that could of burned down my house, so now I refuse to have an RFID card for my familys 'safety' ".

If people do not fight against this tracking, future generations are doomed to be prisoners of the corporations of the world. Unfortunately is schools are being run as corporations, and especially in Texas, they really don't care if you get an education as long as the dollars keep rolling in.

would be very interesting to see how the collected data is being sold to corporations for research. Must be someone who can get a public release of all data and exactly what it is being used for. why spend so much money for no profit?
Or maybe someone notices that the mall near the school has RFID scanners for ummmmmm no reason at all citizen. Yep, lets easily identify the riff raff kids who sit on the old peoples benches for longer than 2 minutes.

Duct tape wallet with added foil centers to ensure that the RFId is only read when needed. Open to be present at school and close it. Open again for lunch and close it. Open again and be logged out of school and close it.
»www.rpi-polymath.com/duc ··· llet.php

Let us not forget all those school issued laptops that were tracking kids without their or their parents permission. Too bad none of the schools admins went to jail for their blatant violations of the students privacy rights. Click and theres a photo of a half naked school kid, and the FBI chickens out. GPS tracking can be used as well along with keyloggers.
»www.techdirt.com/article ··· 28.shtml
"Ock, here we see the migrating patterns of the typical teenager in the education center. Oh looky this little blip here is the subject going to the defecation chamber for what is typically 2 minutes of time. Oh looky, 20 seconds and out the door, we'd better send in the school nurse to sanitize that little bugger."

siljaline
I'm lovin' that double wide
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Re: Court Rules Texas Schoolgirl Must Be RFID Tagged Or Expelled

Also cited at Wired ThreatLevel:
Student Suspended for Refusing to Wear RFID Tracker Loses Lawsuit
quote:
A Texas high school student who claimed her student identification was the “Mark of the Beast” because it was implanted with a radio-frequency identification chip has lost her federal court bid Tuesday challenging her suspension for refusing to wear the card around her neck.

Radio-frequency identification devices are a daily part of the electronic age — found in passports, and library and payment cards. Eventually they’re expected to replace bar-code labels on consumer goods. Now schools across the nation are slow in adopting them as well.
Article

goalieskates
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Time for home schooling.

The courts and our educational system are truly broken.

FF4m3
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said by PX Eliezer704:

Finally the rest of us, and it will be too late.

+1 (It's probably already too late)

Aragorn
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Even without chips being involved home schooling is IMO a good option in areas where schools have problems with class interruption making it hard on kids who actually want an education but can not focus in the classroom.
nonymous (banned)
join:2003-09-08
Glendale, AZ

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"The school offered to let her use a lanyard without an RFID tag, but this too was declined."

huntermcdole
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huntermcdole

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I know some of the public schools in AZ require students to wear their ID's on lanyards visible while at school, they also require all staff to. Not sure why she would refuse to wear one without an RFID as this sounds like what we have here. I have heard they do it so they can identify if someone doesn't belong on the property while school is in session.
nonymous (banned)
join:2003-09-08
Glendale, AZ

nonymous (banned)

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said by huntermcdole:

I know some of the public schools in AZ require students to wear their ID's on lanyards visible while at school, they also require all staff to. Not sure why she would refuse to wear one without an RFID as this sounds like what we have here. I have heard they do it so they can identify if someone doesn't belong on the property while school is in session.

I know an Id will not stop say a school shooting. Yet it will help reduce normal school stuff. Kids from other schools hanging out. Kids out of class more easily identified.
My son is only in elementary so they do not use ID tags. They have them fairly well locked down anyways and the school does not have a high turn over of students so most are known even at a mid size school.
At say a high school with a lot of turn over and students coming and going all day IDs may help control normal day to day issues of hanging out when and where not supposed to be etc.
I did not say RFID etc.
Kearnstd
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said by huntermcdole:

I know some of the public schools in AZ require students to wear their ID's on lanyards visible while at school, they also require all staff to. Not sure why she would refuse to wear one without an RFID as this sounds like what we have here. I have heard they do it so they can identify if someone doesn't belong on the property while school is in session.

Lots of companies require the ID to be visible when not in your cube as well.

signmeuptoo94
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License plates on cars: Beware the mark of the beast! ;p
OZO
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Interesting, who is providing the "strong commercial pressures" to use those RFID tags? Who is behind and actually paying for this?

Thousands of years pupil were not tagged and now suddenly they have to be... Or may be what PX Eliezer704 See Profile mentioned in his post is actually happening?

Warzau
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said by huntermcdole:

I know some of the public schools in AZ require students to wear their ID's on lanyards visible while at school, they also require all staff to. Not sure why she would refuse to wear one without an RFID as this sounds like what we have here. I have heard they do it so they can identify if someone doesn't belong on the property while school is in session.

Nothing new, when I was in HS early 90's this was required. We had color coded ids to show which lunch period we were assigned. We HAD to wear it at ALL times or risk some kind of disciplinary action for repeated offense of not wearing the ID. Same for work you have to wear the ID to prove you belonged on the premises and the area.

huntermcdole
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huntermcdole

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Yeah we didn't have that for school when I was in HS (late 90's) but I completely forgot about the one around my neck at work everyday... you get use to it.. mine even has an RFID chip in it
OZO
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Here is article from the past year, closely related to this story: Texas school uses RFID badges to track student locations.
said by link :

The paper also maintains that mandating that students wear RFID chips conditions them to accept a Big Brother world:

"Young people learn about the world and prepare for their futures while in school. Tracking and monitoring them in their development may condition them to accept constant monitoring and tracking of their whereabouts and behaviors. This could usher in a society that accepts this kind of treatment as routine rather than an encroachment of privacy and civil liberties," the paper says.

(emphasis mine)
nonymous (banned)
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said by OZO:

Interesting, who is providing the "strong commercial pressures" to use those RFID tags? Who is behind and actually paying for this?

Thousands of years pupil were not tagged and now suddenly they have to be... Or may be what PX Eliezer704 See Profile mentioned in his post is actually happening?

Depends on how tied into everything the ID is. Could be used for everything for classroom access after hours with door entry devices. Can be used for paying school lunches. use it to check out books from the library.
Anything a work ID or a college ID could be used for so can a younger school ID.
Older days just used the magnetic strip now have gone RFID plus so much easier for door entry or just using. Dont have to swipe a strip multiple times just put the card near the RFID reader and done.
Think they have RFID in the books at the local library finally. Sat the books on the counter expecting to have to swipe the bar codes, my young son likes that. Nope just put the pile down and all of a sudden up come all the titles. So either magic or RFID. I say magic as more fun explanation.
Plus say even the lunch line would move faster, flashing the badge instead of swiping a card is faster. So may cost once in the short term but does have long term advantages for multiple uses.

Now let's say one reason a school used them was for tracking. Kids could still ditch the IDs. But if someone came across a group of students where and when they where not allowed without ID badges on campus would it be more likely up to something no good or fighting for their privacy rights?
OZO
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OZO

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Yes, indeed. Gaining some small convenience vs loosing privacy, a common equation. People usually solve that depending on their priorities without thinking too much... And then wonder "why it's happening to me?" (when others start abusing it against them)
nonymous (banned)
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said by OZO:

Yes, indeed. Gaining some small convenience vs loosing privacy, a common equation. People usually solve that depending on their priorities without thinking too much... And then wonder "why it's happening to me?" (when others start abusing it against them)

But even without RFID how much privacy do you expect in the workplace or at school. Your in public and on someone else's property. They have the right to set some rules. Even without RFID you would be tracked. Ditch class and caught by principal doing something bad on campus.
If you are in public some privacy is always given up. Whether by RFID or some other means they will catch you eventually. However, RFID can make life easier. It would speed up the lunch line. Or use a card with a strip and be slower. Or pay cash which most places is still an option but slower still.
Seriously my son has a lunch account so he does not have to pay or carry cash but has his number he gives them so still tracked at a tender age of 7. RFID in a card would just speed things up plus no other student could give his number by accident and use his account. So security for the RFID holder is increased. Just report a missing badge ASAP.
Most works use badges of some kind and so do most colleges. Like said instead of manually reading the badge it went to magnetic strips and now RFID.
Plus so many loop holes for tracking a person with an RFID badge still would need the teachers to account for the students in the class room. Going by ID badge one student could carry the badges of the others ditching that class or school. Sort of like old style punch cards at work and someone punches in for you. Then a manager notices you are missing. You are in trouble still and maybe whoever punched you in. No RFID involved but is it a privacy issue or breaking a work rule plus not working? So still need teacher involvement. Is the teacher doing privacy issues then. I need to call in and let the school know when my son is out for a time or the day. Sure just elementary school. If I forget as did once within a half hour the school is calling making sure I know he is out. No ID badge just I guess a nosy school and teacher invading his privacy? As a parent I like that as I know he is at school and is not missing. Now if they just used a badge (do not have any yet) that could so easily be worked around if the teacher didn't verify it.
19579823 (banned)
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Yes this is BS....... I hope she continues to refuse to wear this spying trash!!
dave
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Re: Court Rules Texas Schoolgirl Must Be RFID Tagged Or Expelled

What are the "religious" grounds for not wearing an RFID tag? Sure, I can sympathize with not wanting to be tagged, but the religious argument sounds particularly specious. Oh, I see: the "'number of the beast" batshit idiocy.

What are the "privacy" grounds for not wearing a non-RFID lanyard? That sounds to me like the school was willing to compromise with her laughable "religious" nonsense, but Hernandez was not willing.

La Luna
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Re:  

said by 19579823:

Yes this is BS....... I hope she continues to refuse to wear this spying trash!!

Why? So the school knows she's where she belongs instead of out in the parking lot smoking or something? Heaven forbid!!!

And how is it "spying" on her? Does it film her when she goes home or when she goes to the bathroom?

She's in a PUBLIC school. Their property, their rules. Don't like it, go to a private school or be home schooled.

Warzau
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Re: Court Rules Texas Schoolgirl Must Be RFID Tagged Or Expelled

said by huntermcdole:

Yeah we didn't have that for school when I was in HS (late 90's) but I completely forgot about the one around my neck at work everyday... you get use to it.. mine even has an RFID chip in it

The funny thing was only the "nerds" used the clips, the cool kids used lanyards.
91862239 (banned)
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i bet it does spy on her remember that high school principle who used the schools laptops woth cams to spy on students btw are all the scools in texas doin this i need to know so we can sue the schools here

Duramax08
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Re: Court Rules Texas Schoolgirl Must Be RFID Tagged Or Expelled

This stuff is on the news over here and heres a few facts....

She is not really suppose to be at this school. The school is doing a trial of RFID tags, not the entire district. The school that she is suppose to be at doesnt do tracking. I believe she wants to go to this school for other reasons. The school district said she could JUST WEAR A ID, NO RFID INVOVLED but she said nope, its "the mark of the beast"........

The school is giving her a week to wear the ID WITHOUT rfid or go back to her homeschool where she SHOULD be attending that isnt even doing the rfid trial

Remember these are kids that should be in school. the only reason they are testing this out is because they were losing state funding from kids skipping class. Since the RFID tags, students arent skipping school that much.

In other news the school is trying to recoup court fees from her since this fiasco she started is costing the tax payers and also costing her education.

she had her 15 minutes of fame. she needs to suck it up, wear the ID without rfid or go back to her home school in the district where she belongs in the first place.
Duramax08

Duramax08

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Also the title is misleading, SHE DOESNT HAVE TO WEAR THE RFID TAG, it is optional.

caffeinator
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I don't suppose having the last name of Hernandez in a Magnet School for Technology and Sciences in Texas would have anything to do with it?

»en.wikipedia.org/wiki/Jo ··· _Academy

Nah, of course not....

Duramax08
To The Moon
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Duramax08

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Not with hispanics becoming the majority here.
MaynardKrebs
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What happens when all the schools in the district opt for RFID - will she be denied the right to go to school? Will the school board be sued for denying her the right to attend school in that case?

I'm sure there's a law that requires minors to either attend school or be home-schooled, unless there is a medical reason why they can't be.
MaynardKrebs

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said by Warzau:

said by huntermcdole:

Yeah we didn't have that for school when I was in HS (late 90's) but I completely forgot about the one around my neck at work everyday... you get use to it.. mine even has an RFID chip in it

The funny thing was only the "nerds" used the clips, the cool kids used lanyards.

I think somebody ought to sell a RFID pocket protector or a RFID slide rule case, for the real nerds.