Tuesday, January 08, 2013
Judge: School can move girl in ID-tracking case
AP
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SAN ANTONIO (AP) — A Texas school district can transfer a student who is citing religious reasons for her refusal to wear an identification card that is part of an electronic tracking system, a federal judge ruled on Tuesday.

The parents of 15-year-old Andrea Hernandez had requested a preliminary injunction that would have prevented the school district from transferring their daughter from her San Antonio high school while the lawsuit on whether she should be forced to wear the tracking badge went through federal court.

Last fall, the Northside Independent School District began experimenting with "locator" chips in student ID badges on two campuses, allowing administrators to track the whereabouts of 4,200 students with GPS-like precision.

Administrators say the chips make students safer and will help boost attendance records that are used to calculate badly needed state funding.

Hernandez's suit against Northside — the fourth-largest school district in Texas — argues that the ID rule violates her religious beliefs. Her family says the badge is a "mark of the beast" that goes against their religion.

But U.S. District Judge Orlando Garcia on Tuesday denied a request to stop her from being transferred, saying the badge requirement "has an incidental effect, if any, on (Hernandez's) religious beliefs."

Garcia also wrote in his 25-page ruling that because Hernandez has worn a previous ID badge for several years, her refusal to wear the new badge "is clearly a secular choice, rather than a religious concern."

Garcia said that if Hernandez does not accept the school district's accommodation of wearing a badge without the tracking chip, the district can transfer her to another campus.

In a statement, the district said Hernandez, a sophomore, and her family have until Jan. 22, the start of the second semester, to decide if Hernandez will accept the compromise and thus be allowed to stay at the magnet school she is attending or be transferred to her home campus. Continued...

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