Suit targets ‘locator’ chips in Texas student IDs

AUSTIN, Texas — To 15-year-old Andrea Hernandez, the tracking microchip embedded in her student ID card is a “mark of the beast,” sacrilege to her Christian faith — not to mention how it pinpoints her location, even in the school bathroom.

But to her budget-reeling San Antonio school district, those chips carry a potential $1.7 million in classroom funds.

Starting this fall, the fourth-largest school district in Texas is experimenting with “locator” chips in student ID badges on two of its campuses, allowing administrators to track the whereabouts of 4,200 students with GPS-like precision. Hernandez’s refusal to participate isn’t a twist on teenage rebellion, but has launched a debate over privacy and religion that has forged a rare like-mindedness between typically opposing groups.

When Hernandez and her parents balked at the so-called SmartID, the school agreed to remove the chip but still required her to wear the badge. The family refused on religious grounds, stating in a lawsuit that even wearing the badge was tantamount to “submission of a false god” because the card still indicated her participation.

A state district judge had been expected to decide Wednesday whether Northside Independent School District could transfer Hernandez to a different campus. But the family’s attorney said late Tuesday that the hearing was cancelled after the school district asked that the case be moved to federal court.

A new hearing hasn’t been set.

“How often do you see an issue where the ACLU and Christian fundamentalists come together? It’s unusual,” said Chris Steinbach, the chief of staff for a Republican state lawmaker who has filed a bill to outlaw the technology in Texas schools.

The concept isn’t new, but hasn’t exactly caught on nationwide. In 2005, the American Civil Liberties Union raised concerns about a similar initiative at a California school. That same year, a suburban Houston school district began putting the chips in its student IDs, and served as the blueprint for Northside’s pilot program that began this fall.

Ronald Stephens, executive director of the nonprofit National School Safety Center, said he didn’t believe the technology to be widespread but predicted “it’ll be the next wave” in schools. The chips use radio-frequency identification (RFID) transmitters and only work on campus.

The Northside school district spent roughly $261,000 to equip students at one high school and one middle school with SmartIDs, a decision made with safety and efficiency in mind, said district spokesman Pascual Gonzalez. Imagine quickly accounting for students in the event of a lockdown, he said, or cafeteria lines moving faster as scanners instantly identify who’s picking up that lunch tray.

Yet the biggest motivation was financial. In Texas, school funding is based on daily attendance. The more students seated in homeroom when the first bell rings, the more state dollars the school receives. If a student is lingering in the hallway or the library when roll is called, the marked absence hurts the school’s bottom line.

But with the locator chips — the district doesn’t like to call them “tracking” — a clerk in the main office can find out if a student is elsewhere on campus, and if so, include them in the attendance count. Every student found amounts to another $30 in funding, based on the school’s calculations. In that way, those moving red dots that represent students on the clerk’s computer screen are like finding change in the couch cushions.

Gonzalez said the district has estimated another $1.7 million in funding if the program delivers on expectations, somewhat lessening the sting of losing $61.5 million after state lawmakers cut public school funding in Texas by nearly $5 billion last year.

“Nobody is sitting at a bank of monitors looking for the whereabouts of 3,000 students,” Gonzalez said. “We don’t have the personnel for it, nor do we have the need to do that. But when I need to find (a student), I can enter his random number and I can find him somewhere as a red dot on that computer screen. `Oh, there he is, in Science Room 22’ or whatever. So we can locate students, but it’s not about tracking them.”

Hernandez’s family isn’t convinced. Nor is a Virginia-based civil rights group, The Rutherford Institute, which took up Hernandez’s cause and filed the lawsuit against the district.

The organization declined to make the Hernandez family available for an interview Tuesday, before the Wednesday court hearing had been cancelled.

John Whitehead, the organization’s founder, believes the religious component of the lawsuit makes it stronger than if it only objected on grounds of privacy. The lawsuit cites scriptures in the book of Revelation, stating that “acceptance of a certain code … from a secular ruling authority” is a form of idolatry.

Wearing the badge, the family argues, takes it a step further.

“It starts with that religious concern,” Whitehead said. “There is a large mark of Evangelicals that believe in the `mark of the beast.’ “

Republican state Rep. Lois Kolkhorst has filed bills since 2005 to ban the chips in Texas public schools. Steinbach, her chief of staff, is hopeful the bill will now get more traction with the attention surrounding Hernandez’s case.

Yet despite the lawsuit, proposed legislation and concern from outside groups, there are no signs of a groundswell of opposition in San Antonio from parents whose children have the chips in their campus IDs.

Gonzalez said that of the 4,200 students, the Hernandez family is the only one who has asked out of the program.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Firefighters respond to a 911 call on July 16, 2024, in Mill Creek. Firefighters from South County Fire, Tulalip Bay Fire Department and Camano Island Fire and Rescue left Wednesday to help fight the LA fires. (Photo provided by South County Fire)
Help is on the way: Snohomish County firefighters en route to LA fires

The Los Angeles wildfires have caused at least 180,000 evacuations. The crews expect to arrive Friday.

x
Edmonds police shooting investigation includes possibility of gang violence

The 18-year-old victim remains in critical condition as of Friday morning.

The Everett Wastewater Treatment Plant along the Snohomish River. Thursday, June 16, 2022 in Everett. (Olivia Vanni / The Herald)
Everett council approves water, sewer rate increases

The 43% rise in combined water and sewer rates will pay for large infrastructure projects.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Hearing for proposed Marysville development attracts crowd

Residents, lawyers and expert witnesses testified for three hours on Thursday. A decision is expected within three weeks.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

Jasmine Donahue walks inside Hope ’N Wellness on Thursday, Jan. 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett homeless service faces uncertain future

Hope ‘N Wellness, which provides social services, faces a Feb. 28 deadline to move from its current location or close its doors.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Good Samaritan jumps in to help save elderly woman in Lake Stevens

Snohomish firefighters credit a good Samaritan for calling 911 and jumping into the cold water to save the driver.

Tom Murdoch gives public comment to the Snohomish County Council about his disagreement with the proposed wetland ordinance amendments on Wednesday, Jan. 15, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County delays decision on changes to habitat ordinance

The delay comes after comments focused on proposed changes that would allow buffer reductions around critical areas.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.