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ARTICLE · 21 JANUARY 2013

Texas Court Refuses To Prohibit RFID Tags In School

On January 8, 2012, the U.S. District Court for the Western District of Texas issued a ruling denying a preliminary injunction in a case involving the use radio-frequency identification (RFID) tags embedded in name badges to track students (A.H. ex rel. Hernandez v. Northside Independent School District, 2013 WL 85604 (W.D. Tex.).

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On January 8, 2012, the U.S. District Court for the Western District of Texas issued a ruling denying a preliminary injunction in a case involving the use radio-frequency identification (RFID) tags embedded in name badges to track students (A.H. ex rel. Hernandez v. Northside Independent School District, 2013 WL 85604 (W.D. Tex.). Ultimately, the court concluded that the religious objections of the student's family had been accommodated by permitting the student to use a badge that was identical to the badges of other students, except that the RFID tag and battery had been removed.

The court gave significant deference to the school district's reasons for using the technology and concluded that the use of the RFID technology easily met the requirement that it be rationally connected to a legitimate government interest. Since the school was willing to accommodate the objection to the RFID tag, the issues were reduced to whether the required use of a badge that looked

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