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Student Refusing RFID Badge Now Fights Expulsion Order 743

BeatTheChip writes "Lawyers representing Andrea Hernandez, a science and engineering student at John Jay High School, are fighting an expulsion notice issued a week ago for refusing to wear a Smart ID badge. To represent her, lawyers filed a preliminary court injunction, seeking legal restraints on the school. She maintains stance of refusal to wear any badge containing an RFID tag for reasons of basic privacy and conflicts with her belief system. The controversial decision for her school to adopt the NFC badges is part of the Student Locator Project, tracking attendance. Local schools started issuing the lanyard badges this fall despite parental outcry at NISD school board meetings."
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Student Refusing RFID Badge Now Fights Expulsion Order

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  • by MichaelSmith ( 789609 ) on Wednesday November 21, 2012 @03:37AM (#42052239) Homepage Journal

    It won't open any doors then.

  • by jamesh ( 87723 ) on Wednesday November 21, 2012 @03:39AM (#42052257)

    Destroy badge, get expelled for destruction of school property.

    Almost... try "_Get caught_ destroying badge, get expelled for destruction of school property."

  • Re:Get homeshcooled (Score:4, Interesting)

    by Billly Gates ( 198444 ) on Wednesday November 21, 2012 @03:43AM (#42052287) Journal

    As a school employee we took turns patrolling the lots looking for passengers masturbating in their cars right outside the school everyday as well as flashers. Yes it really is an epidemic. Sadly we can't do anything outside school grounds.

    You have a choice to be home schooled if you do not like it. Another choice is take the GED test and graduate early. Many districts have alternative schools too. You do have options and I know my post might have set off a few nerves.

    If you become a teacher your opinion will drastically change with the amount of disrespect and the pressure to have those test scores up to keep your job. Only teachers who have been there for awhile get tenured contrary to what they say on Fox News.

  • Re:Get homeshcooled (Score:1, Interesting)

    by Billly Gates ( 198444 ) on Wednesday November 21, 2012 @04:13AM (#42052475) Journal

    I just told you I have seen men stalk and masturbate to children walking by with my own eyes! I was prohibited to report it as it would open the school to liability as a lawyer could then argue the schools responsibility for safety now includes the entire walk home and we would be liable for every infraction afterwards etc. My job was to report their ass as soon as any body part touched school property. Pedis are always trying to volunteer or get involved with the school.

    Again thanks to the lawsuits and dipshits who like to blame schools rather than on more appropriate things.

    It is not my problem you never had a job where people respect you. Doesn't mean I have to put up with it ... for the record I did say I was not tenured nor am I unionized either. I have kids who curse at me and call me a cracker and disrepct me to my face! These students are out 20% of the time and yet I should be responsible for these hoodlums doing drugs if they choose not to pass a test? I teach inner city and 60% to 70% passing score is considered great. In other countries the parents spank and discipline their kids for failing. Not take the side of the child and scream at the teacher when the student is out and turns in homework less than 50% of the time. But my job seems secure for now because I do my job.

  • Re:RTFA (Score:4, Interesting)

    by TheRaven64 ( 641858 ) on Wednesday November 21, 2012 @04:39AM (#42052607) Journal
    I think my proposal for the protest against the UK ID cards would work in this case: create a bright yellow holder for the badge in the shape of a Star of David and wear it on your arm. Get some local press to photograph you wearing it.
  • Re:Dear Andrea, (Score:4, Interesting)

    by JaredOfEuropa ( 526365 ) on Wednesday November 21, 2012 @04:48AM (#42052631) Journal
    What freedom would that be, exactly? The right not to be tracked, or to go where you please without having to carry an ID? You have that right... and yet you are still required to bring your RFID card to the office, and you still need an ID to pick up a parcel at the post office.

    Schools shouldn't be allowed to track children everywhere they go. But since they are charged with the education and well-being of these kids for a certain portion of the day, is it unreasonable that they ask children (and others) to carry an RFID card while on the premises? I fail to see what principle of freedom or privacy is violated by the requirement to carry an ID card (with or without a chip) at school.
  • Re:RTFA (Score:4, Interesting)

    by flyingfsck ( 986395 ) on Wednesday November 21, 2012 @05:21AM (#42052811)
    You may be onto something. A swastika badge holder would get the whole program canned in no time flat.
  • Re:Get homeshcooled (Score:5, Interesting)

    by silentcoder ( 1241496 ) on Wednesday November 21, 2012 @06:04AM (#42053017)

    >I doubt that this system here is much different from clocking in to the lessons.

    It's massively different. Do you know why ?
    Because you are PAID to be at work, while you (or your parents but it amounts to the same thing) PAY to go to school.

    The roles of authority are in fact, exactly, reversed. A school is there to serve YOUR need to get an education. We allow them to institute a measure of discipline so that one selfish kid cannot interfere with the other kids wanting the same. But this is no different than a shop putting up a "one per customer" sign on a special, they are merely protecting the rights of their OTHER customers.
    But the school is the CUSTOMER here, moreso - they are a STATE customer paid for by TAX money - that makes them public SERVANTS.
    They're duty is to give children the education their parents WANT - never the other way around.

    Do you get why this is different?
    Allowing your schools to make a rule that intrudes on religious freedom (whether or not you agree with the religion or it's interpretation of the rule is NOT in fact relevant) is NO different from allowing the president to ban the practise of Islam.

    That's what this is like. An employer is well within his rights to decree that a Muslim wanting to do Friday prayers must put in leave for it if it falls during business hours - and this is why many muslims prefer to work for other muslims (who won't make a rule like that but would rather close the shop) . That's fine because it's a voluntary choice to work for THIS employer and he is paying you for your time and obedience.
    The school is not paying her by mutually agreed contractual consent for HER obedience. She is paying THEM to teach her - and the limits to their making of rules ENDS at "is needed to ensure that she does not disrupt the education of OTHER paying customers".

  • by Anonymous Coward on Wednesday November 21, 2012 @06:06AM (#42053025)
    Don't destroy it in a microwave: zap it! There's a video on youtube that shows how to build a RFID zapper from a disposable camera. It's all about the plausible deniability.
  • by gagol ( 583737 ) on Wednesday November 21, 2012 @06:11AM (#42053039)
    Why not skip school and have a friend carry her ID around... is that so hard for teachers to actually take attendance? Social problems CANNOT be solved with technology solutions... such as voting machines.
  • Re:RTFA (Score:3, Interesting)

    by jklovanc ( 1603149 ) on Wednesday November 21, 2012 @06:32AM (#42053121)

    Business that require visible ID at all time tends to be in the sectors that screw up real bad (financial sector).

    Every provincial employee in British Columbia is required to display an ID badge while at the office. Most of them have nothing to do with finances.

    Plus getting all kids to accept real-time tracking can be a precursor to a full-fledge police state Joseph Stalin would be jealous of.

    And it might not be. It might actually be a way of easily identifying the kids who should not be at the school. They are usually the ones causing trouble like selling drugs on campus. Like many "slippery slope" arguments this one ignores the good that can occur today, identifying who are students and cutting costs, due to the bad that may or may not happen in the future. If there is a problem with what is happening today then say it. If you are only concerned with what may happen in the future we will deal with it if it ever is proposed.

    I am SO glad metal detactors and chip tracking students are not implemented in my country.

    Perhaps you live in a country that does not have as much of a problem with guns and drugs as the US. Different situations require different measures.

  • by beelsebob ( 529313 ) on Wednesday November 21, 2012 @08:51AM (#42053855)

    Why not act like any sane university, and mark people based on their demonstrated ability with the subject, rather than their attendance.

    University in the UK, and originally was based on the idea that the information would be provided, and the students would be put near it. Whether, and how one got into the other was entirely up to the student.

  • by Seumas ( 6865 ) on Wednesday November 21, 2012 @09:01AM (#42053917)

    Because this isn't a university. It's a high school, which means the child is basically forced by law to attend each day and is treated as property.

  • by mabhatter654 ( 561290 ) on Wednesday November 21, 2012 @09:28AM (#42054095)

    But tey don't CLAIM to be using it for class to class attendance. Fry it, then wear it around.... Staff is probably more concerned because it IS a "security risk" to have people running around that don't belong. My local high school had an issue with a 20-something lurking around and ended up in the girls' locker room. Since then, everybody without a lanyard getsstopped and questioned by ANY faculty roaming the halls... Not just "hall monitors".

    As an IT person, I'm plain skeptical about the tracking stuff anyway. I'd be 100% certain that nobody in IT is watching this, and nobody in security is watching either. They might have a screen with the little dots moving around, they might pull reports... I doubt the accuracy of any place not staffing 2-3 full time staff on this.

  • by betterunixthanunix ( 980855 ) on Wednesday November 21, 2012 @09:59AM (#42054407)
    That will just result in bureaucratic idiots thinking that she is in school and in attendance, and her friend giggling when questioned about her location. The problem here is the assumption that this is about a single student, when it is really about the school district.
  • by compro01 ( 777531 ) on Wednesday November 21, 2012 @11:00AM (#42055117)

    Wasn't this tried and immediately the kids had a system where one kid would swipe your card for you for $5?

    "(11) Every old idea will be proposed again with a different name and a different presentation, regardless of whether it works."

  • by Baloroth ( 2370816 ) on Wednesday November 21, 2012 @11:07AM (#42055189)

    As for "conflicts with her belief system" she can just fuck right off with that. You don't get to be excused from policies, laws, regulations, etc. just because they "offend your belief system".

    Actually, you do in a lot of cases (conscientious objectors are one example, some religions are actually exempt from taxation in another). You ever heard of the first amendment? Let me remind you of the first sentence: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;" The amendment is not just about free speech, you know.

  • by berashith ( 222128 ) on Wednesday November 21, 2012 @11:52AM (#42055791)

    I ditched with a friend in high school and went to a different school to visit his girlfriend. We were just going to sneak in and eat lunch with her. The school had over 2000 kids in it, and we made sure to arrive in between classes so there were kids walking around all over the place. We didnt even get in the front door before we got questioned. Somehow a teacher knew that we didnt go to that school.

If I have seen farther than others, it is because I was standing on the shoulders of giants. -- Isaac Newton