Overview
Jennifer Smith is Co-Chair of the firm’s K-12 and Higher Education Practice Groups. Jennifer’s practice involves representing education institutions on a wide range of issues. She has extensive experience in representing higher education institutions and school districts in civil rights investigations and litigation. Jennifer has experience with sensitive internal investigations and audits for higher education institutions and school districts. Jennifer has litigation and trial experience before state and federal courts, and numerous administrative agencies.
Jennifer is a member of the Illinois Council of School Attorneys and the National School Board Association Council of School Attorneys (NSBA). She presented at the 2019 NSBA School Law Practice Seminar on “Beyond Bathrooms: Growing Awareness of Transgender Students in the Courts and the Classroom.” She also presented at the NSBA Advocacy Institute in 2016 on transgender issues in the presentation “Will the Real Title IX Please Stand Up?”
Representative Experience
- Defended a class action brought against the second largest school district in Illinois, School District U-46, which challenged the district’s 2004 student assignment plan, alleged the district’s plan discriminated against minority students; the suit also challenged the district’s English Language Learner and other District programs.
- Represented three Indiana school districts—Hamilton Southeastern Schools, Franklin Township Community Schools, and Middlebury Community Schools—in their case against State of Indiana officials alleging the State’s school funding formula is unconstitutional and as a result, their districts are not receiving sufficient funding.
- Negotiating service agreements, including transportation, facility use, and related service agreements.
- Successfully defended northwest suburban school districts in the lawsuit filed by municipality seeking to claw-back TIF district funds distributed by the village at a termination of TIF district. Village argued that TIF district was terminated prematurely and that funds distributed to school districts should have remained with a village. Circuit Court granted to school districts’ motion to dismiss, and village subsequently abandoned all claims against the districts.
- Represented higher education institutions in a variety of athletics-related legal matters, including preventative counseling and litigation.
Recognition
Jennifer has been recognized as an Emerging Lawyer by Law Bulletin Publishing.
Thought Leadership
- Week in Review: Whiplash Over Federal Funding, Changes in Agency Leadership, New EEOC Priorities, and New K-12 Executive Order
- President Trump Signs Executive Order Requiring Sex-Based Classifications
- Legal Watchlist for 2025
- 2024 Title IX Final Rule and Regulations Vacated by Federal Judge
- Webinar: Current State of RTO Legislation in Illinois Schools
- SCHOOL BOARD ELECTION SEASON BEGINS AUGUST 20, 2024
- ISBE Releases Guidance Document on Residential Placements
- OCR Update: Shared Ancestry and Ethnicity Discrimination Guidance
- New Title IX Regulation Compliance Tools: New Training, Toolkit, and Policy Offerings
- Final Title IX Rule on Sexual Harassment Released Today
- Biden Administration Answers Questions About Diversity and Race Based Admissions after Students for Fair Admissions
- New Staff or New Roles? Franczek P.C. Offers Title IX Training for K-12 Administrators
- U.S. Supreme Court rejects Race-Conscious College Admissions Programs
- Checklist for End of Covid Health Emergency
- Checklist for End of COVID Health Emergency
- OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics
- Revised Clear and Present Danger Reporting User Agreement Coming to Schools
- Clear and Present Danger Law Enforcement Portal Administrator Agreement
- Title IX Updates: Key Wins—and a Loss—in Federal Courts for Transgender Students and Athletes
- Franczek’s Title IX Team Published in Illinois Association of School Business Officials UPDATE Magazine
- Title IX Protections for Pregnancy after Overturning of Roe v. Wade
- Governor Pritzker Signs Two New Special Education Laws Regarding Placement and Interpretation Services
- Two Grievance Procedures in the New Title IX Proposed Regs?
- Supreme Court rules in favor of football coach who prayed on field after games
- Celebrating the 50th Anniversary of Title IX
- Biden Administration Releases New Proposed Title IX Regulations
- When School Districts Are Liable for Employee-Student Sexual Abuse under Title IX
- Considerations for Law Enforcement Referrals
- OCR Issues Fact Sheet on Providing FAPE During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under Section 504
- Are Mask Mandates a Reasonable Accommodation?
- Video Podcast: Title IX Sexual Harassment: LGBTQ+
- Appellate Court Rules on COVID-19 Mitigation TRO
- JCAR Decision Adds Further Uncertainty to Already Complex Situation on School Masking and Quarantine Rules
- What to Expect This Week Following Mask Mandate TRO
- U.S. Supreme Court to Hear Two Higher Education Affirmative Action Cases in Upcoming Term
- Governor’s Executive Order Requiring Exclusion of Students and School Personnel
- ISBE Emergency Rules Regarding Mandatory Vaccinations
- Are Title IX Live Hearings A Thing of the Past?
- Governor Pritzker’s Vaccine Mandate for Pre-K-12 School Personnel
- Franczek Partner Jennifer Smith Quoted in Chicago Tribune
- Illinois Student-Athletes Can Now Enter Into Endorsement Deals
- New ISBE/IDPH Guidance Supports Reducing Social Distancing for In-Person Instruction
- Block or Charge? Deciding Whether to Start Basketball in November
- Jump Ball: Illinois Governor and Athletic Association Tussle Over Basketball Season Start Date
- OCR and OSEP Issue New Q&As related to Special Education in the Current COVID-19 Environment
- What Are Hearing Officers Saying about Remote Learning?
- The CARES Act’s Impact on Higher Ed Students
- Secretary DeVos Rejects Extensive Waivers to Special Education Requirements, Leaving Core of IDEA Intact
- More Flexibility for Schools and Community Colleges in Pritzker Executive Order
- “Extended School Year” When the Regular School Year Wasn’t Finished
- ISBE Issues FAQ Regarding Special Education During Remote Learning
- Special Education and Remote Learning: Back to Basics
- Department of Education Stresses Special Education Should Not Discourage Distance Learning Efforts
- Isolated Time Out is Back (for now): ISBE Issues Revised Guidance and Reporting Form After Second Amendment to Emergency Rules on Time Out and Physical Restraint
- The Next Mile in Gender Litigation: Transgender Participation in Women’s Sports
- ISBE Cuts Off Reimbursements for Hearing Officer Ordered Placements in Non-Approved Special Education Facilities
- ISBE Amends Emergency Rules on Time Out and Physical Restraint
- Update on ISBE’s Emergency Rules for the Use of Seclusion and Restraint
- NCAA: Student Athletes May be Paid for Names, Images, and Likenesses
- IAASE Legislative Update: What You Should Do Now to Help Fix That Pesky RTI and Special Education Bill
- Takeaways for College, University, and K-12 Leaders from Recent Harvard Race Discrimination Decision
- Illinois State Law Protections for Transgender Students Increase As Slowdown in Federal Enforcement Continues
- Could Your Campus Be Next to Face a Class Action Challenge to Title IX Outcomes?
- What Schools Can Do To Address Suspect Guardianship Orders in Financial Aid Decisions
- Governor Pritzker Signs Executive Order Addressing Gender Identity in Illinois Schools
- What You Should Know About the Critical Skills Test for ESY
- We Can’t All Just Get Along: Handling Student Disagreement on Sensitive Issues
- Four Things to Consider Before Disclosing Student Information in an Emergency
- Three Things to Know About ED’s New Focus on Restraint and Seclusion
- Comments on Proposed Title IX Regulations Due January 28
- Impact of Changes in Federal Government’s Transgender Approach in Illinois
- Transgender High School Student Prevails in Bathroom Access Case Before Federal Appellate Court Over Illinois
- The Supreme Court Will Not Hear Landmark Transgender Student Case
- Administration Withdraws Transgender Guidance While Considering Legal Issues
- New Administration Signals Change on Support of Transgender Guidance
- Federal Appeals Court Decries State of Federal Civil Rights Law on Sexual Orientation Discrimination
- New Federal Guidelines on Supporting Transgender Students Under Title IX
- DOE Issues Guidance on Equal Access Act Targeted at Ensuring Access to Student Groups Such as the Gay-Straight Alliances
- Failure to Respond to Bullying May Deprive Student with a Disability of a Free Appropriate Public Education
- OCR Issues Additional Guidance Regarding Bullying
- Seventh Circuit Again Sides with Students’ Right to Wear Derogatory T-Shirt
- The Care of Students with Diabetes Act Becomes Law
- After School Hours IEP Meeting Not Required for Illinois School District
- Change in Title IX Policy Raises Bar for Compliance
- Seventh Circuit Finds that School District is not Liable for Sexual Harassment by a Former Teacher
- Service Animals Present Conundrum for School Districts
Publications
- Franczek Attorneys to Present at Title IX in the 7th Circuit
- Overview of the New 2024 Title IX Regulations
- Administrative Transfers to Alternative School Placements
- Responding to Bullying: New and Old Requirements for Legally Compliant Responses
- Checklist for End of COVID Health Emergency
- Franczek Training: Residency and Homelessness for Registration and Enrollment Staff
- Fall 2022 School Law Updates
- Title IX Informal Resolution Facilitator Training
- Title IX Decision-Maker Training
- Basic Title IX Training for K-12 Title IX Administrators
- COVID Update for the 2022-2023 School Year
- 2022 Title IX Proposed Rules – What You Need to Know
- Critical Trainings, Procedures and Discussions to Best Prepare for the 2022-2023 School Year
- Franczek Webinar – New RTO Requirements
- COVID Update: A Closer Look at The Updated ISBE/IDPH Guidance
- COSA 2021 Fall School Law Seminar – Title IX: Where Are We Now, Where Are We Going?
- Fall 2021 Reopening: COVID Legal Update for Schools
- Fall 2021 Reopening: Where are We Now? How to Best Plan for a Safe and Successful School Year
- LGBTQ+ Rights in Schools, Colleges, and Universities
- Title IX T.E.A.M. Meetup – Title IX Training for 2021-2022
- Title IX Webinar: Sexual Assault Off Campus—What Must, Can, and Should a School Do?
- COVID – The End is Near
- Considering Residential Placements, Part 2: Insights from a Parents’ Attorney and Clinical Psychologist
- Considering Residential Placements: The Light at the End of the Tunnel or Road to Nowhere?
- Legal Obligations in Addressing Student Mental Health Issues During COVID
- Franczek Webinar: COVID Update
- New Year, New Special Education Updates
- Biden Begins: COVID Relief Update
- New Year, New Expectations: What’s Old and New with COVID in 2021
- Franczek’s Title IX T.E.A.M. Meetup
- Biden’s Back: Labor, Employment, and Education Law in 2021 and Beyond
- COVID – Ask us Anything!
- Franczek Virtual School Law Conference – Are We There Yet? COVID Update
- Franczek Virtual School Law Conference – FAPE in a Pandemic: Top Ten Takeaways
- Franczek Virtual School Law Conference – Shield and Sword: Law as a Driver of Educational Equity
- Franczek Virtual School Law Conference – COVID School Landscape
- Franczek’s Title IX T.E.A.M. Meetup – The Title 9 “Big 5”
- Franczek Annual School Law Conference—See You on Zoom!
- Franczek Webinar—Leadership in the Time of COVID
- NSBA COSA Virtual Seminar—Homeward Bound: Lessons Learned from COVID-19 on Educating Students at Home
- Franczek Webinar—FAPE in Fall 2020: A Special Education Update
- Franczek Webinar—Lessons Learned from Back to School
- Exclusive Webinar for K-12 Title IX Toolkit Subscribers: Using Your Title IX Toolkit
- Franczek Webinar—All About Masks!
- Franczek Webinar—Ask Us Anything: Employment, Accommodations, FFCRA, Oh My!
- Franczek Webinar—Ask Us Anything 2.0: Back to School COVID-19 Edition
- Franczek Webinar—Ask Us Anything: Back to School COVID-19 Edition
- Franczek Webinar—Back to School after COVID-19: Addressing Student Social and Emotional Needs
- Franczek Webinar—Superintendent’s Roundtable: COVID-19 Issues Impacting Schools in the Fall
- Franczek Webinar Symposium—Extreme School Makeover: Space Planning, Deep Cleaning, and Safety, Oh My!
- Franczek Webinar Symposium—We’ve Almost Made It: Wrapping Up an Unconventional School Year
- IAASE Webinar—Navigating the COVID-19 Crisis
- Franczek Webinar—Coronavirus and School Closures: Essential Legal Issues for Schools
- Franczek Webinar Coronavirus and School Closures: Essential Legal Issues for Schools
- Franczek Webinar — Coronavirus and School Closures: Essential Legal Issues for Schools
- Franczek Webinar — Coronavirus and School Closures: Essential Legal Issues for Schools
- Franczek Webinar — Coronavirus and School Closures: Essential Legal Issues for Schools
- Franczek Webinar — Coronavirus and School Closures: Essential Legal Issues for Schools
- Franczek Webinar—Coronavirus and School Closures: Essential Legal Issues for Schools
- Franczek Webinar—Student Medical Issues
- Franczek’s Seclusion and Restraint Conference: Implementing ISBE’s Emergency Rules
- Franczek Webinar—Changes to Restraint & Seclusion Rules: What You Need To Know Now
- NSBA 2019 School Law Practice Seminar—Transgender Issues in Illinois Schools
- IAASE Fall Conference—Gender Identity and Special Education
- 2019 DeKalb County-Wide Institute—Title IX Today: What School Administrators Need to Know
- 2019 DeKalb County-Wide Institute—Title IX Today: What School Administrators Need to Know
- NSBA 2019 School Law Practice Seminar—Transgender Issues in Illinois Schools
- IAASE Winter Conference—Mental Health, Accommodating IDEA and Section 504, Technology, and Hot Topics
- Franczek Webinar—IEP Season Is Coming… Are You Ready?
- Franczek Webinar—Student Mental Health Issues
- Franczek Webinar—Year-End Update
- 2018 Joint Annual Conference—Legal and Administrative Perspectives: Transgender Students
- Franczek Webinar—Homeless Student Issues
- Franczek Webinar—Obligations Regarding DCFS & ANCRA
- Franczek Webinar—Graduation Ceremony Protests: Do’s and Don’ts
- Franczek’s 2018 School Law Conference
- Franczek Webinar—Update on the Current State of Immigration Laws in Education
- Franczek Webinar—Student Threats: Clear and Present Danger Reporting
- Franczek Webinar—Legal Update and Practical Guidance on Supporting Transgender Students
- Franczek Webinar—Responding to Sexual Harassment in Schools
- Webinar: Examining Student Threats
- Webinar: Investigations Involving Students
- Franczek’s 2017 School Law Conference
Events
- Jennifer Smith Quoted By RealClearInvestigations
- Franczek Attorneys Co-Author Article Published in the American School Board Journal
- Franczek’s Jennifer Smith Quoted by NPR on Out-of-State Residential Placements
- NPR Calls on Franczek’s Jennifer Smith for Story on Out-of-State Residential Placements
- Franczek Attorneys Named to 2019 Super Lawyers List
- Shelli Anderson and Jennifer Smith selected by Crain’s as Notable Women Lawyers
News & Announcements
Education
- J.D., with distinction, University of Iowa, 2003
- B.A., magna cum laude, University of Northern Iowa, 2000
Bar & Court Admissions
- Illinois
- U.S. Court of Appeals for the Seventh Circuit