Jackie Wernz

Jackie Wernz

Franczek Radelet P.C.

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Illinois Appellate Court: School District Not Immune From Liability For Student Fall In “Cafetorium”

The Illinois Appellate Court recently determined that the fact that a school’s “Cafetorium” was used for parties and ceremonies for sports teams and school band, chorus, and drama program performances did not make the...more

4/17/2014 - Governmental Employees Tort Immunity Act Recreation School Districts Slip and Fall

Illinois Appeals Court Finds School District Immune From Bullying Lawsuit

The Second District Illinois Court of Appeals recently issued an opinion in a case involving a school district’s alleged response to student-on-student bullying. The court in Malinski v. Grayslake Community High School...more

4/17/2014

Federal Court Says New York City Schools Can Prohibit “Religious Worship” In School Facilities

As reported in the New York Times, the Second Circuit Court of Appeals recently held that a school district could prohibit outside community groups from using school facilities for “religious services” without violating the...more

4/8/2014 - First Amendment Freedom of Religion Public Schools Religion

Impact On Employers And Schools Of Illinois Supreme Court’s Rejection Of Eavesdropping Law

Employers, schools, and other entities have long relied on the Illinois Eavesdropping Act to prohibit individuals from recording conversations, meetings, classes, and other activities without the consent of all participants....more

3/27/2014 - Audio Recording Eavesdropping Right to Privacy Surveillance

Courts Provide Guidance On FOIA Attorney’s Fee Provision And Creation Of Records

In two recent cases, Illinois courts provided guidance on when a party is a “prevailing party” under the Illinois Freedom of Information Act (FOIA) for purposes of obtaining attorney’s fees and whether a public body is...more

3/24/2014 - Attorney's Fees FOIA

Natural Accumulation Doctrine Takes A Hit

Winter may almost be over, but a recent Illinois Appellate Court case makes clear that school districts should remain vigilant in preventing and warning against slippery floors. In February, an Illinois Appellate Court...more

3/20/2014 - Safety Precautions School Safety

How Lessons Learned From “Yik Yak” Can Help You Address The Next Novel Social Media Bullying Trend

The big news in education technology this week is Yik Yak, a free, anonymous social networking application that allows users to post comments that can be seen by others within a 5- to 10-mile radius. The app was intended for...more

3/11/2014 - Bullying Cyberbullying Mobile Apps Social Media

Public Bodies May Charge 15 Cents For Black And White Standard Sized Copies Of FOIA Documents Even If Actual Copying Cost Is Lower

The Illinois Appellate Court recently held that a public body may charge up to 15 cents for copying for each page of black and white, letter or legal sized documents responsive to a FOIA request, even if the actual cost of...more

2/27/2014 - Document Requests FOIA

Critical Limitations Soften Blow Of Seventh Circuit Decision Voiding Indiana School’s Boys Basketball Hair Length Rule

The Seventh Circuit’s decision, which is one of the first of its kind and one of the first decisions addressing hair lengths in schools in decades, has garnered media attention and warrants a close look at hair length...more

2/27/2014 - Basketball Educational Institutions School Sports

Streamlining Your Student Bullying, Intimidation, Harassment, And Violence Reporting And Investigation Policies

As we notified you earlier this school year in a FR Alert, the recently enacted Erin’s Law requires all school districts in Illinois enrolling students in grades seven through twelve to have a policy on teen dating violence....more

2/25/2014 - Bullying Harassment Hazing Students

What School Leaders Really Should Know About The Department Of Education’s Guidance On Discriminatory Discipline

Last week, the Department of Education issued a guidance package to help schools administer student discipline without discriminating against students on the basis of race, color, or national origin. The issue of...more

1/16/2014 - Dear Colleague Letter Department of Education Discipline Discrimination School Districts Students

Recent Appellate Court Decision Reminder Of Student Records Protections In Adversarial Proceedings

In a recent decision, the Illinois Appellate Court held that it is not an unfair labor practice for a school district to refuse to release school student records to a union in a grievance proceeding without a court order or...more

1/8/2014 - Public Schools Student Records Students Unions

Social Networking Password Laws In Effect For The New Year

Two new laws governing the ability of school authorities to obtain passwords to and information from personal social networking websites of employees and students go into effect on January 1, 2014. The definition of social...more

1/2/2014 - Employee Rights Passwords Right to Privacy Social Media Policy Social Networks

FOIA 2013 Wrap-Up – Summary Of Year End PAC Opinions

The Attorney General’s Public Access Counselor (PAC) closed out the year by issuing two binding opinions. The following is a summary of key points from the opinions of which public bodies should be aware....more

12/31/2013 - Contractors FOIA

Model Policy For Purchase: Acceptable Use Of Technology

The use of technology in school districts continues to increase and evolve. Districts are using technology to enhance curriculum, replace traditional text books, and communicate with students, parents, and the community. ...more

12/12/2013 - Acceptable Use Policy Bring Your Own Device Mobile Device Management Public Schools Students Technology

It’s Beginning To Look A Lot Like A Lawsuit: The Acceptable Role Of Religion In Public School Winter Musical Programs And Toy...

Thanksgiving is not yet here, but school districts across the country already are grappling with an important question regarding later, religious holidays like Christmas. The question: Can religious content be included in...more

11/27/2013 - Establishment Clause First Amendment Holidays Public Schools Religion

President Expected To Sign Epi-Pen School Food Allergies Bill

As reported by the Washington Post, President Obama is expected to sign a bill into law encouraging states to require schools to take greater efforts to protect students with food allergies. The bipartisan bill was proposed...more

11/14/2013 - CDC Food Allergies Food Safety Public Schools

Seventh Circuit Dismisses Lawsuit Against Guidance Counselor For Defamation

The Seventh Circuit Court of Appeals, which is the highest federal court with jurisdiction over Illinois, Indiana, and Wisconsin, recently rejected a claim by a parent that a school guidance counselor’s statement to his...more

10/22/2013 - Defamation Dismissals Due Process First Amendment Fourteenth Amendment Public Schools Students

Settlement Reached In Case Over Jesus Portrait In Ohio Middle School

In an earlier blog post, we addressed whether an Ohio school district violated the First Amendment by hanging a portrait of Jesus in a middle school. The portrait allegedly was a gift to the school board by a Christian...more

10/18/2013 - ACLU Art First Amendment Public Schools Religion

Medical Marijuana And K-12 Schools: The Straight Dope On How Schools Can Deal

Illinois recently joined twenty other states and the District of Columbia in legalizing medical marijuana. Four other states are considering passing similar legislation in the near future. ...more

10/9/2013 - Medical Marijuana Public Schools

Ninth Circuit Upholds Discipline Of Student For Off-Campus, Online Threat Of School Shooting

The Ninth Circuit Court of Appeals joined a growing number of federal courts of appeals that have addressed when public schools can discipline students for off-campus, online misconduct. The case involved multiple threats by...more

9/10/2013 - Discipline Internet Mass Shootings Public Schools School Shootings Terrorist Threats

Franczek Radelet Attorneys Prepare NSBA Friend Of The Court Brief In U. S. Supreme Court Case

On August 30, 2013, the National School Boards Association filed an amicus brief prepared by Franczek Radelet attorneys in the U.S. Supreme Court. The “friend of the court” brief addresses the significant detrimental impacts...more

9/10/2013 - Affirmative Action Discrimination Equal Protection Race Discrimination SCOTUS Sex Discrimination

Can Schools Prohibit “I ♡ Boobies” Bracelets . . . Or Not?

This month, two courts issued dramatically different opinions about whether school districts can prohibit breast cancer awareness bracelets reading “I ? boobies” without running afoul of students’ First Amendment free speech...more

8/28/2013 - First Amendment Free Speech Students

Illinois Court Opinion Clarifies Key FOIA Provisions

Recently, the Illinois Appellate Court clarified three key provisions of the Illinois Freedom of Information Act: the “predecisional” or “deliberative process” exemption; the exemption for unwarranted invasion of personal...more

8/20/2013 - FERPA FOIA Fourth Amendment Invasion of Privacy Student Records

Illinois Appellate Court Decision Clarifies Waiver Of The FOIA Predecisional Materials Exemption

The Appellate Court of Illinois (First District) recently issued an opinion clarifying how a public body can waive the Freedom of Information Act protection for predecisional records....more

7/25/2013 - Exemptions FOIA Police Public Records Request For Information Waivers

44 Results
|
View per page
Page: of 2