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Jackie Wernz

Jackie Wernz

Franczek Radelet P.C.


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Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...more

4/24/2013 - Cell Phones Fourth Amendment Public Schools Search & Seizure

Colorado School Denies Six-Year-Old Transgender Student’s Request To Use Girls’ Bathroom

As The New York Times recently reported, a Colorado school district is facing a lawsuit after refusing to allow a six-year-old transgender student to use the girls’ bathroom in a local elementary school. The case highlights...more

4/3/2013 - ACLU Discrimination Gender Discrimination Public Schools Students Transgender

Jesus Painting In Ohio Middle School: The Right Choice?

A portrait of Jesus Christ that has been hanging in an Ohio public middle school since the 1940s is once again garnering national headlines. The school district reportedly moved the portrait earlier this week from the middle...more

3/21/2013

Department Of Education Asks School Leaders To Address Gender-Based Violence

In a Dear Colleague letter issued last week to chief state school officers, the U.S. Department of Education called for immediate action to reduce gender-based violence in schools. The letter is short and sets forth only a...more

3/6/2013 - Discrimination DOE Gender Discrimination Gender-Based Violence Public Schools

Are Emails, Texts, Tweets, And Other Digital Communications Student Records Under FERPA And State Law?

As schools increase the use of technology to communicate with and about students, questions arise about the intersection between the data created and student records laws, such as the Federal Educational Rights and Privacy...more

2/20/2013 - Digital Communications Email FERPA IDEA Records Request Social Media Student Records Teachers

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

2/12/2013 - 1:1 Program Bring Your Own Device Cyberbullying Cybersecurity FERPA First Amendment Fourth Amendment Free Speech Search & Seizure Sexting Students Teachers

USDOE Spanish Bullying Website Highlights Challenges In Addressing Bullying With LEP Students, Parents, Staff, And Community...

The U.S. Department of Education has launched a Spanish-language website providing resources to teachers, parents, and community leaders to prevent bullying. The website is http://espanol.stopbullying.gov and is similar in...more

2/11/2013 - Bullying Department of Education Limited English Proficient OCR

Balancing The Burdens Of Transparency In The Illinois Freedom Of Information Act

A recent Chicago Tribune editorial, “The burden of transparency” asks a provocative question: does the unduly burdensome exemption in the Illinois Freedom of Information Act (FOIA) allow an unfair loophole for public bodies...more

2/6/2013 - Exemptions FOIA Public Access Laws Public Employees Transparency

ISBE Regulations And Guidance On Certified School Nurses: Frequently Asked Questions & Answers

In July 2012, ISBE amended its regulations addressing the qualifications required for an individual to conduct medical reviews and make recommendations based on the findings of medical reviews. Medical reviews are conducted...more

1/31/2013 - ISBE Nurses School Districts Special Education

New Jersey District Dismisses Teacher Who Called Students “Future Criminals” On Facebook

Earlier this month, a New Jersey appellate court affirmed the dismissal of a tenured teacher for comments she made about her students on Facebook. Good summaries of the case, In re O’Brien, can be found through the National...more

1/22/2013 - Facebook First Amendment Free Speech Hiring & Firing Teachers Termination

Disciplining Student Speech As A Threat After Newtown – The Right Choice?

The media coverage of the Sandy Hook school shooting is tapering down, but the lessons for school administrators in its wake are just beginning. One such lesson comes after a California school suspended a high school senior...more

1/15/2013 - First Amendment Free Speech Sandy Hook School Shootings School Suspension Students

Disabled Substitute Teacher Applicant Raises Some Adequate Claims Against Illinois School District

A federal trial court in Chicago recently decided that a disabled applicant for a substitute teacher position at Zion School District No. 6 alleged sufficient facts against the District to proceed with a lawsuit against it....more

1/8/2013 - ADA Defamation Disability Disability Discrimination Discrimination EEOC Hiring & Firing Reasonable Accommodation Teachers

Superintendent’s Lawsuit For improper Discharge Should Have Been Filed In State Court, Federal Court Says

A federal trial court recently held that a superintendent’s lawsuit for improper discharge in violation of her constitutional due process rights and in breach of her employment contract was not proper for federal court...more

1/8/2013 - Due Process Employment Contract Termination

Illinois Basketball Star’s Lawsuit For Unequal Treatment In Residency Dispute Can Proceed

A federal judge allowed claims of unequal treatment by a high school basketball player to proceed against his school district. The claims arose out of the student’s move from the attendance area of one high school within the...more

1/7/2013 - Discrimination Equal Protection

Illinois Athletics Association Declares Sudanese Mooseheart Students Eligible for Basketball

The Illinois High School Association (IHSA) board of directors issued a ruling on December 10 in a high-profile case involving four Illinois student athletes. The students, who are Sudanese, were brought to the United States...more

12/12/2012

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