NISD vs. student: SmartID hearing becomes a federal case

NISD vs. student: SmartID hearing becomes a federal case

NISD vs. student: SmartID hearing becomes a federal case

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by KENS 5 Staff

kens5.com

Posted on November 28, 2012 at 1:44 PM

Updated Thursday, Nov 7 at 1:45 PM

SAN ANTONIO -- The Northside Independent School District case involving a student who claims her rights have been violated by being forced to wear a campus ID has moved from a state court  to a federal court.

According to a statement released by NISD, the district is asking that Andrea Hernandez's case which was scheduled to be heard on Wednesday, be heard in a federal court instead since the student is alleging a violation of her federal constitutional rights.

Hernandez's parents claim they are protesting a school policy mandating that the student wear a SmartID with a microchip for privacy and religious reasons.

NISD said they made an offer to Hernandez's parents that would allow the student to wear a campus ID without the microchip, but the offer was declined.

Hernandez, who had been attending a science and engineering magnet program at John Jay, back to her home campus, which is Taft High School.

But Hernandez's parents objected to the reassignment and obtained a temporary restraining order that puts the student back at John Jay - at least for the time being, district officials said.

NISD released the following statement on Wednesday morning:

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.

NISD says the Student Locator Project pilot program at John Jay High School and Jones Middle School tracks students on school property is designed to increase school attendance and secure more funding from the state. Officials said even a 1 to 2 percent boost in attendance could increase revenue by more than $2 million.

A date for the federal hearing has not been set.
 

 

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