Legal Question in Civil Rights Law in Missouri

Re: Fingerprinting

There may be a few avenues to avoid having your child's fingerprint taken at school. The easiest is to have your child take their own lunch to school. For some people on assistance programs, this is not possible. For all others, this is the option that most Courts woud say is the "reasonable" alternative for parents who wish to "opt out" of the new program.

If you cannot afford to send your child with their own lunch, and are opposed to having the fingerprint program used for your child, the means to contest it, is based upon the basis of your objection.

As there are few, if any, cases that restrict a school from knowing the identity of each child they enroll, the mere identification aspect will not likely garner any relief from the courts.

If the objection is that the school district may pass the fingerprint to other governmental or private agencies that may use it later to the child's disadvantage when they are an adult, there may be a basis for seeking av temporary injuction from the program being implemented.

You may be able to challenge the program as it seems to only get the fingerprint of students that buy their lunch, or get it through public assistance, and not those who bring their lunch. If you can show that a protected group (i.e. race religion, etc.) is more likley a part of the fingerprinted group, you may be able to show adiscriminatiry aspect. This is weak argument, but it just might get traction.

An offshoot of the reporting basis is the security basis. Fingerprint programs like the one you describe turn the fingerprint into a unique digital record. Nearly any digital record can be stolen and reproduced. If unscrupulous people can steal the digital fingerprint, they might be able to use it elsewhere to appear to be that person when transacting business. If the objection is based upon the security aspect of the program, the claimant would have to show the plausibility of theft.

Generally, it appears that you can opt out by sending the child with their own lunch. In the alternative, you must show that the requirement violates a right or [puts the child at danger), by its design or foreseeable outcome.

Good Luck