SAN ANTONIO -

The Northside Independent School District says the fight over its radio frequency ID badge is heading to an appeals court.

Northside ISD spokesman Pascual Gonzalez said the district was notified of the appeal to the U.S. 5th Circuit Court of Appeals Thursday by Steven and Andrea Hernandez.

A federal judge on Tuesday denied their request to allow Andrea to attend John Jay High School and not wear a radio frequency ID badge.

Gonzalez said Hernandez has until the end of next week to tell the district whether she plans to stay at the school with an ID badge without a chip or return to Taft High School, her home school.

In a statement sent through email, Gonzalez said taxpayers are continuing to pay the district's legal bill, which will certainly be in the tens of thousands of dollars. According to Gonzalez, the district will pursue recovering the costs from the Hernandez family based on the judge's ruling.