Category Archives: Legislation

USA – Oregon Senate passed a bill on 11th June 2013 seemingly giving schools the right to impose RFID tracking on it’s students.  However HB2386 appears to have started life back in January 2013 with exactly the opposite intent, reading that:

HB2386 “Prohibits school district from requiring student to wear, carry or use any item with radio frequency identification device if device is used for purpose of locating or tracking student or taking attendance.“

The original January 2013 wording goes on to say that a school may use RFID to track property, such as instruction manuals and electric items, but if a student takes possession of said property the school must inform the student that the property, therefore the student, is being tracked.

The American Civil Liberties Union (ACLU) urged members of the Oregon Senate to sign the bill stating that this “Common sense proposal is critical to protect the privacy of our students” with information being communicated transparently about the use and option to use RFID

What could possibly go wrong?

By June 2013 the wording and intent of the bill changed substantially, to read:

HB2386 “Directs State Board of Education to adopt standards for school district board to incorporate into any policy that requires student to wear, carry or use item with radio frequency identification device for purpose of locating or tracking student or taking attendance.“

This rewriting of HB2386 seems to go on to say that a Oregon school district cannot require a student to wear RFID for tracking unless the Oregon State Board adopts standard rules about the use of RFID with children, as decided upon as in the above statement.  This appears to read that if a school wants to impose RFID tracking on students the State Board has to agree to it under (their own) standards/rules.  Informing a student of the fact they may be carrying a RFID tracked object has also been dropped from the wording of the original text.

…yet point 2 (c) states that the bill would allow for “…a student or a parent of a student to choose not to have the student wear, carry or use an item with a radio frequency identification device.” (?)  Can a student not consent when a school has required it to carry RFID tracking, backed by the State Board?  Is this another court case waiting to happen?

The bill takes effect as of July 2013.  The history of the bill going through the Oregon Senate is here.

Currently Oregon does not use RFID to track students in any of it’s schools, so maybe a little strange they have spent senate time on this bill.  But with other schools in the US introducing RFID for financial (funding according to attendance) and “safety” reasons, perhaps this comes as no surprise in that Oregon does not want a situation similar to the adverse publicity the Hernandez case in Texas brought to school boards RFID tracking students – better to set the ground rules first.

With over 850,000 children in Oregon, with 550,000 K-12 students, there is a fairly healthy market for RFID systems with perhaps this bill giving a green light to the RFID industry that these schools are good to go.  

How sad that HB2386 has been changed with the potential to destroy children’s rights and civil liberties, when there was a great chance to preserve the next generation’s freedoms and our societies integrity in respecting our children’s privacy.