High tech student ID case elevated to federal court

Andrea Hernandez
Andrea Hernandez
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Updated: 11/28/2012 1:31 pm
SAN ANTONIO -- The case revolving around a local student who refuses to wear a high-tech tracking ID has moved from state court to federal.

John Jay student Andrea Hernandez claims her rights have been violated by being forced to wear the ID because of her religious beliefs.

The district wanted to move Hernandez, who had been attending a science and engineering magnet program at John Jay, back to her home campus at Taft High School, which does not use the new badges.

A judge granted a temporary injunction allowing Hernandez to stay at John Jay High School. The hearing scheduled for Wednesday was to decide if Hernandez would be transferred. That hearing has been canceled, and a date for the federal hearing has not been set.

The school district claims the high tech student IDs will increase school attendance and secure an additional $2 million in funding from the state.

The high tech student ID is implanted with a radio frequency ID chip that tracks students as part of a pilot program to better track student attendance.

The Hernandez family filed an injunction saying her refusal to wear it violated her freedom of religion. The family says they believe the card is the "mark of the beast."

The district confirms that a second student is also refusing to wear the ID based on similar claims.

"We need to let the judicial process work its course," NISD spokesperson Pascual Gonzalez told us. "Whatever that decision is, obviously, we're a law abiding organization and we teach kids to obey law. So, that is something we will do ourselves."

Issues of privacy are also being raised by an anonymous hacker. He took down the school districts website to protest the ID cards. Click here to read more...

Northside ISD Statement

Re: Recent news media stories about Jay High School student refusing to wear the Smart Student ID Card that includes RFID locator technology.

STATEMENT:

Since the Jay High School student and her father are alleging a violation of the student's federal constitutional rights, Northside ISD asked that the case be heard in federal court. The case scheduled to be heard today in State court has been canceled and now will rest with a Federal judge to make a ruling. Neither a judge nor a date for a federal hearing has been set.

CONTEXT:

NISD acknowledged the family's objection based on religious grounds and offered the student a Student ID Card without the RFID technology. The student and family refused the exception.

The student was reassigned back to her Home campus for refusing to wear any campus ID card (even without the locator technology). She has been attending a science and engineering magnet program at Jay High School, but her Home campus is Taft High School. The family objected to the reassignment and secured a temporary restraining order that keeps the student at Jay High School for now.

NOTE: The student was NOT expelled.

ALSO, ASSOCIATED PRESS STORY IS INCORRECT.

An Associated Press story this morning about the RFID pilot project incorrectly stated that a student's location could be pinpointed in campus bathrooms. There are no chip readers located in bathrooms, and administrators can not identify when students are in bathrooms. We are working with the AP to correct the error.

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The views expressed here do not necessarily represent those of News 4 WOAI (WOAI.com)

wilkim45 - 11/29/2012 6:13 PM
3 Votes
I'd love to see the TV cable bill for this family....I have no doubt they subscribe to HBO, Showtime, Cinemax and other cable channels that show nudity.

Lervia - 11/29/2012 1:29 PM
2 Votes
I have a social security card, a driver's license, credit cards, bank cards, and not a single one of them contain a RFID. And, just to clarify, the chips imbedded in your pets currently isn't a RFID and contains only the information needed to reunite pets and their owners. Unfortunately, a large number of these owners don't keep this information updated.

hidden agenda - 11/29/2012 1:17 PM
1 Vote
i am sure that this isn't just a religious issue. look at the sign in the picture. Religion is the only thing the government is scared of tho. hence the reson to separate church and state.. who would want a government that includes the basic morals and ethics that are taught in religious institutions governing over them.. that's crazy talk~ if it was just a small issue, I'm pretty sure the school wouldn't have asked for it to go to federal court. to me, a corrupted government with insurmountable power over its people and the world seems like an accurate vision of the beast the bible talks about..

sraspusr20 - 11/29/2012 12:55 PM
1 Vote
These people and their daughter believe "It's the sign of the beast"!!. Then the parents must not have a social security card,drivers license,credit cards, bank cards etc, etc, etc,!! Come people what does reglion have to do with this? If your faith is strong tibits as these don't bother you. If you have no faith in your religion then yes it should bother you. Get a life people or go live in a cave!! out side of sociaty.

hidden agenda - 11/29/2012 12:37 PM
2 Votes
this is what wrong with our society.. you people love to roll over and play b*@ch to the government in all its glory.. what is wrong with questioning authority when they want more power over you? its sad to see all these conformist support a broken system.

Ridonkulous - 11/29/2012 8:54 AM
7 Votes
I have to wear a ID tag and swipe in and out where I work. I like her to pull this on her future employer. One rebellious student is causing thousands of tax dollars and time in federal court. Good luck in your future.

Just Me - 11/29/2012 8:11 AM
5 Votes
While I understand not wanting to wear this tag, I DO NOT understand how this could be an infringement of her religious beliefs. I think that is just some stupid BS that daddy made up because if you scream religious beliefs, then MAYBE they will back off. But guess what daddy, public school systems DO NOT CARE about your religious beliefs. They won't even allow prayer in the schools, so put the dang tag on your girl and send her to school to abide by all the rules and policies that all the other kids have to abide by. If you don't like the rules, take her out of public school and pay for a christian education...I DID!

Gnaeus - 11/29/2012 7:23 AM
3 Votes
First of all much too much is made of contemporary public education. You go to school, learn, graduate and become a citizen who help improve the society. The rest is just BS for the liberal educators to steal more money from the taxpayer for salaries, administration and useless professional trips!!!

Anonymous - 11/29/2012 7:22 AM
2 Votes
As legal Americans we have no privacy, that's long gone. I don't understand what this has to do with religion. Is this about the freeloaders wanting more things to go their way....My kids have graduated but if they had this program in their schools, we would deal with it and not come up with some lame excuse for my kids not to go to school.

SraSanAnto - 11/28/2012 11:19 PM
3 Votes
Seriously? The sign of the beast? stop making religious people look bad!!! Were not that crazy!! The sign of the beast is your social security number...get rid of that and refuse it and see what really happens? lol JK but it would be almost the same thing

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