Legal Question in Civil Rights Law in Pennsylvania

Re: Fingerprints

This is a great question. First, i am assuming this is a public school. If this is a private or parochial school, the school can definitely take the prints. If this is a public school the ultimate question, most likely, is whether there is a legitimate government purpose that is rationally related to the act of taking the print? If so, then the taking of print is ok and probably can be a mandatory part of school, just like being on time, or gym class.

I would then have two further questions. First, what is the legitimate purpose? What is the school district telling you is the purpose of the taking of the print? Are they concerned about runaways? kidnappings? Why are they doing this? How is it a legitimate purpose for our society? I would really fight on this. They probably have a handout/posting/website which gives guidance on this topic.

Second, what can they do with the prints? Can they put them in a data base? Will the police ever have access to data base. Can they get DNA from the print? Will the DNA be in a data base? Will the cops have access to that? Is any of this info including in their stated purpose? If not, why not?

Lastly, what else can they do? Name badges? Arm bands? Tattoos with identifying numbers?

If this is happening in your child's public school and you want to fight, call me or email me at 215.825.5183 or [email protected].

Good Luck,

Brian