Campaign group Leave Them Kids Alone will support the parents in their fight. Founder David Clouter said it could be only a matter of months before a legal challenge is lodged.
"We wanted to exhaust all the other channels, but as time progresses it is clear that without legal action the future looks bleak," he said. "We have got a number of parents lined up and ready to go depending on what Parliament does or doesn't do."
Leave Them Kids Alone is also contemplating a judicial review of government guidance which, it says, overlooks human rights issues.
This week Gloucestershire County Council announced tighter controls on using biometric data in schools. Among its recommendations the council said schools should look at independent sources of advice rather than rely on manufacturers' sales materials and seek explicit permission in writing from parents.
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