See Betts, 466 F.2d at 633; Baxter, 856 F. Supp. Brigham Young University Education and Law Journal , 2002(1), 159-210 . Trial was held on December 27, 28, and 29, 1999, and the case is now before this court for decision. The court concluded that the regulation prohibiting gang symbols was constitutionally infirm because it failed to provide adequate notice of the prohibited conduct. The ordinance prohibited criminal street gang members from loitering with one another or other persons in any public place. 2d 549 (1986)); see also Betts v. Board of Educ. Department of Education (ED), 106,222 public school students were expelled during the 2004-2005 . 403 v. *827 Fraser,478 U.S. 675, 686, 106 S. Ct. 3159, 92 L. Ed. Weaponless School Violence, Due Process, and the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District , 2002 BYU E duc. In addition, Hunt testified that he met with Ms. Fuller and told her it was imperative that she attend her son's hearing. Moreover, this court notes that the students were charged with violations of two other rules: Rule 13, prohibiting physical confrontation or violence with staff or students; and Rule 28, prohibiting any other acts that endanger the well-being of students, teachers or other school employees. 411 U.S. 1 - SAN ANTONIO SCHOOL DISTRICT v. RODRIGUEZ . 130, 687 N.E.2d 53, 64 (1997)). Although rule 10 has been changed, and while the period of expulsion is over, an expulsion of this severity can have serious consequences to the students. Based upon Ms. Howell's testimony, the students argue that Howell has standing to bring this lawsuit because his "voluntary" withdrawal from school was in fact coerced by the actions of Defendants. v. Rodriguez,411 U.S. 1, 35-37, 93 S. Ct. 1278, 36 L. Ed. denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. Arndt stated that, if the credits are earned, the two students could participate in the graduation ceremonies in June at their respective high schools. The School Board voted to go into closed executive session to discuss the student disciplinary cases. & L.J. Recently, in City of Chicago v. Morales, 527 U.S. 41, 119 S.Ct. The videotape showed a violent fight where the participants were punching and kicking at each other, with no regard for the safety of individuals seated in the stands watching the game. Arndt further stated that he was unable to obtain that information from the School Board's records because the race of students was never indicated at any time to the School Board. Moreover, *816 the students were found to have violated two other rules: the rule prohibiting physical confrontation or violence and the rule prohibiting acts that endanger the well-being of students, teachers or other school employees. Scoville v. Board of Education (1970) Freedom of Speech includes the right to criticize and protest school policies in She also testified that, on October 4, 1999, she attended the School Board meeting with Dr. Norman, the president of the NAACP in Decatur and a former member of the School Board. 1983, alleging that their constitutional rights were violated because one of the three school disciplinary rules they were found to have violated was void for vagueness. A successful substantive due process claim requires an "extraordinary departure from established norms." Anita J. v. Northfield Township-Glenbrook North High School Dist. *826 The evidence presented at trial does not support the students' claim. Stephenson, 110 F.3d at 1310. A document was signed by Howell and Ms. Howell which stated that Ms. Howell was voluntarily withdrawing her son from school, in lieu of having an expulsion hearing. Kadrmas v. Dickinson Public Schools Kelley v. Chicago Park District Kelo v. City of New London . ", From the testimony presented at trial, including the testimony of Dr. Amprey and School Board member Perkins, the court finds nothing in the record indicating that the August 25, 1998, resolution constituted a "zero tolerance policy.". of City of Peoria, School Dist. A newer version of the Summary was also admitted which had been updated to include two additional expulsions in 1999. He is currently one of the hearing officers under contract to conduct expulsion hearings for the District. Public School Type. This case gave public school officials the authority to suspend students for speech considered to be lewd or indecent. 159 (2002). In fact, the Summary prepared by Arndt showed that Caucasian students had been expelled for physical confrontations or fighting. OF EDUC., Court Case No. However, at the students' request, this court ordered Arndt to review school records and, by any means available, to determine the race of each expelled student listed on the Summary. 61, from the Seventh Circuit, 05-24-2001. This site is protected by reCAPTCHA and the Google, Central District of Illinois U.S. Federal District Court. Perkins said that he "more often than not" followed the recommendation of the hearing officer regarding expulsions. 150, 463 F.2d 763, 767 (7th Cir. At each hearing, a document was introduced into evidence which showed that each student had signed a form stating that he received a copy of the Discipline Policy. Boehm testified that the bleachers on the east end were pretty close to being full of spectators, including students, parents, teachers and grandparents. Arndt testified that no other fight listed in the Summary even came close to the magnitude of the September 17, 1999, fight. *824 At the beginning of trial, the students asked the School Board to produce an "Expulsion Summary" which Arndt prepared for the School Board on October 5, 1999. Fuller v. Decatur Public School BD. Fuller Elementary. Roosevelt Fuller, by His Parents, Gretta Fuller and Roosevelt Harris, et al., Plaintiffs-appellants, v. Decatur Public School Board of Education School District 61, et al., Defendants-appellees, 251 F.3d 662 (7th Cir. This court notes that the statistics produced during trial could lead a reasonable person to speculate that the School Board's expulsion action was based upon the race of the students. of Educ. Repair, Inc., 808 F.2d 1273, 1277-78 (7th Cir.1987). On November 22, 1999, a hearing was held in this case, and the students requested additional time to file an amended complaint. Approximately six minutes into the third quarter of the game, a fight broke out in the bleachers on the east end of the football field, the bleachers where fans of MacArthur were sitting. These activities include recruiting students for membership in any gang and threatening or intimidating other students or employees to commit acts or omissions against his/her will in furtherance of the common purpose and design of any gang. For that reason, the court gave the students wide latitude to fully present their evidence at trial. He testified that a resolution such as this does not have the same impetus or force as a policy. All three high schools are located in Decatur, Illinois, and are part of Decatur Public School District No. On October 4, another special meeting of the Board was held to consider the recommendations regarding Howell, Bond, Carson, and Honorable. The videotape also showed that spectators in the bleachers were scrambling to get away from the fight. Perkins' testimony was both candid and credible. In fact, information regarding the race of a student never appeared on the hearing officers' reports nor was the School Board ever advised of the race of any student facing expulsion. Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. He was also a kick returner with UCLA. Fuller v. Decatur Public School Bd. Illinois, Danville/Urbana Division. A. The School Board returned to open session and voted to expel Fuller for two years. The evidence presented before the hearing officer showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. Bd. Critical Criminology, Volume . Public school 513 Students Grades K-5. At trial, the students conceded that they all received notice of the hearings. Fuller and Howell have now graduated from high school. The School Board then went into closed executive session. The record is undisputed that Ms. Fuller, Bond's guardian, and Reverend Bond attended the hearing before Dr. Cooprider on behalf of Bond. 2908, 37 L.Ed.2d 830 (1973). Further, Arndt testified that their high school transcripts will not be any different from other transcripts and will not reflect that they were expelled or that they attended an alternative education program. denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. Vague As-Applied to The Nasty Habit. Both Ed Boehm (Boehm), principal at MacArthur, and Walter Scott (Scott), principal at Eisenhower, were present at the game. Scott testified that he did not tell Ms. Howell that her son was going to be expelled. Tinker v. Des Moines (1969) . In determining whether the students have succeeded on the merits of their claims, this court is mindful that, as Plaintiffs, the students bear the burden of proving their claims. No. That evening, the School Board had a special emergency meeting to reconsider the length of the expulsion imposed on the students. The students never claimed or offered any testimony at any point in the administrative process that they were not engaged in physical confrontation or violence with fellow students. The Monday after the game, an investigation began at each high school to determine who was involved in the fight. In United States v. Armstrong,517 U.S. 456, 116 S. Ct. 1480, 134 L. Ed. Perkins further candidly and truthfully testified that he could not say that he thought about the August 25, 1998, resolution when he was voting on student expulsions. Fairmont Elementary School is a highly rated, public school located in SANGER, CA. A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. Linwood v. Board of Educ. School discipline is an area which courts are reluctant to enter. According to Boehm, when the fight was over, the bleachers were approximately one-half full. It is undisputed that seven spectators, six students and one adult, filed accident reports at MacArthur High School following the incident. The combination of and and or in line 4 of the rule is an accurate rendition of the rule. of Education (1999) Gangs have been part of the school system as far back as the 1930's. Involvement in gangs usually never exceeds 10% Why young people join gangs? The letters also stated that the administrators of the schools recommended the 2-year expulsions. School Dist. Fuller, Honorable, and Carson did not attend their hearings, and no one attended on their behalf. Howell then was allowed to appear before the School Board with his mother, Ms. Howell, and Dr. Jeanelle Norman (Dr. Norman). 393 U.S. 503 - TINKER v. DES MOINES SCHOOL DIST., Supreme Court of United States. A unique set of ethical relationships and legal obligations is embedded in teacher's work 3. 1 Kim v. Richard ix. Each of the students had a separate hearing before Dr. David O. Cooprider, who had been the regional superintendent for Macon and Piatt Counties and who at the time was a hearing officer under contract to conduct expulsion hearings. Roosevelt Fuller (Fuller) and Errol Bond (Bond) were students at Stephen Decatur High School; Gregory Howell (Howell) and Shawn Honorable (Honorable) were students at Eisenhower High School; and Terence Jarrett (Jarrett) and Courtney Carson (Carson) were students at MacArthur High School. These reports showed that seven bystanders were injured during the fight. Both Perkins and Robinson voted against the expulsion of the students on November 8. Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. Boucher, 134 F.3d at 827 (quoting Tinker v. Des Moines Indep. Fuller and Howell have now graduated from high school. A court must look for an abuse of power that "shocks the conscience." At that hearing, Fuller read a letter he had written to the School Board and asked for another chance. Each letter also provided notice that two hearings were scheduled, one before the hearing officer and one before the School Board. Listed below are the cases that are cited in this Featured Case. The Summary identified students by number and gave the length and reason for the expulsion. Accordingly, an expulsion hearing is sufficient to meet procedural due process requirements if the plaintiff knew the charges against him, received notice of the expulsion hearing, and was given a full opportunity to explain his position in an evidentiary hearing. Zero Tolerance ~ January 11, 2000 On August 25, 1998, the School Board adapted a "no-tolerance position on school violence" The ruled the fight as a continuation of an incident that occurred on September 3, 1999 (gang related) No. This court reemphasizes the fact that the statistics presented at trial were created pursuant to this court's order. Here, unlike the situation in Stephenson, the evidence presented before Dr. Cooprider and the School Board showed that the students engaged in conduct that was clearly proscribed by Rule 10. In Bethel School District No. Research the case of Fuller v. Decatur Public School Board of Education School Dist. The following Monday, September 20, 1999, an investigation was begun by the administration at each high school to determine *817 who was involved in the fight. That is incorrect. 3159, 92 L.Ed.2d 549 (1986), the Supreme Court said: Given the school's need to be able to impose disciplinary sanctions for a wide range of unanticipated conduct disruptive of the educational process, the school disciplinary rules need not be as detailed as a criminal code which imposes criminal sanctions. 73 Fuller v. Decatur Public School Board of Education School District 61 73 M.M. Utilizing Sykes' "pains of imprisonment" to examine deprivations in America's public schools. On November 30, 1999, Plaintiffs Roosevelt Fuller, Gregory Howell, Terence Jarrett, Errol Bond, Shawn Honorable and Courtney Carson (students) filed their First Amended Complaint (# 29) against Defendants, Decatur Public School Board of Education School District 61 (School Board), Superintendent Kenneth Arndt, School Board President Jacqueline Goetter, and five members of the School Board. In addition to identifying the various types of. It showed participants punching and kicking each other without concern for the safety of others in the stands. Bond attended his hearing along with his guardian, Gretta Fuller (Ms. Fuller), and his uncle, Reverend Mark Bond (Reverend Bond). However, the cases cited by the students do not support this proposition. Download PDF Check Treatment Summary Perkins stated that he could not recall whether, in "those occasions where the decision was different from the hearing officer's," the students involved were African American or Caucasian. Perkins said that, at the October 1, 1999, School Board meeting, several members of the School Board indicated they believed the students were involved in gang activity based upon information received from law enforcement authorities. others." Rather, the ordinance was characterized as a criminal law which contained no mens rea requirement and which infringed on the constitutionally protected right to liberty. In fact, the Summary indicated that 82% of students expelled from the beginning of the 1996-1997 school year through December 1999, were African American. All rights reserved. 702. The decision of the district court is Affirmed. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. Issues: Laws: Cases: Pro: Your activity looks suspicious to us. No. As applied in this case, the school disciplinary rule, even before it was changed, was sufficiently definite to withstand this constitutional challenge. Arndt's testimony was corroborated by Perkins, the students' witness. See Betts v. Board of Educ. Loading. Because the expulsions were based at least in part on this rule, the students-including Howell, who claims to have standing despite withdrawing from school-contend that their due process rights were denied. In the litigation that followed in Fuller v Decatur Public School Board of Education, 2 the students contended that the board had violated their constitutional rights by . 2d 1053, 1069 (N.D.Ill.1998). principal at MS 22, Josh . The letters clearly stated that expulsion had been recommended but the decision on expulsion would be made by the School Board. FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION 78 F. Supp.2d 812 (2000) | Cited 0 times | C.D. Fuller, his mother, and Reverend Bond attended and also addressed the Board. Fuller v. DECATUR PUBLIC SCHOOL BD. It is different from the rule in Stephenson v. Davenport Community School District, 110 F.3d 1303 (8th Cir.1997), which is directed at gang-related activities such as display of colors', symbols, signals, signs, etc.-activities more likely to implicate First Amendment rights. Defendants argue that Howell does not have standing to pursue this action as he has not suffered an injury which can be addressed by this court. Jarrett and *818 his mother, Marilyn Jarrett, attended his hearing. Dr. Cooprider concluded, based upon the evidence presented at each hearing, that "there is ample evidence that the incident may fairly be characterized as violent physical confrontation, and certainly as actions which endangered students, school personnel, and school visitors." Evidence was also presented at each hearing regarding the involvement of that particular student in the fight. Fuller ex rel. A facial challenge in the latter situation is limited. The evidence showed that, on August 25, 1998, the School Board adopted a resolution which declared a "no-tolerance position on school violence." at 444-45. In addition, no one attended the hearings on their behalf. The situation is different from that in Rios v. Lane, 812 F.2d 1032 (7th Cir.1987), in which we found a prison regulation unconstitutional as applied to an inmate who copied information from an authorized prison newspaper and disseminated the copies. The court's finding must be based upon the solid foundation of evidence and the law that applies to this case. Similarly, the rule in another case the students cite, West v. Derby Unified School District No. The Board voted to expel both students for 2 years. Most importantly, Perkins testified that he did not recall any discussion by the School Board about the resolution during any expulsion hearing. Furthermore, the nature of the law affects the analysis. Courts reached mixed results when students had knives in schools . Grade Level. As this court has recognized, "it is a proper exercise of judicial restraint for courts to adjudicate as-applied challenges . In addition, Carson's mother testified that an unnamed person told her that her son had been expelled. It delineates specific activities which are covered by the rule: recruiting students for membership in a gang, threatening or intimidating other students to commit acts or omissions against their will in furtherance of the purpose of the gang. Fuller Elementary located in Raleigh, North Carolina - NC. Hoffman Estates, 455 U.S. at 495, 102 S. Ct. 1186; see also Woodis v. Westark Community College, 160 F.3d 435, 438 (8th Cir.1998). Rule 65(a) (2) of the Federal Rules of Civil Procedure allows a judge to consolidate the hearing of a motion for a preliminary injunction with the trial on the merits if the parties consent. Morales, 119 S. Ct. at 1863 (quoting City of Chicago v. Morales, 177 Ill. 2d 440, 227 Ill.Dec. The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or quasi-judicial trial." Notably, also, the prison regulation in Rios was found unconstitutional, not on its face, but only as applied to the inmate. Howell, his mother, and Dr. Jeanelle Norman appeared and asked that Howell be allowed to with draw from school rather than having the disciplinary hearing. Dunn, 158 F.3d at 965. The students have also alleged racial discrimination and a violation of their equal protection rights. School Name. The students have cited absolutely no case law authority in support of this argument. 2d 67 (1999). During cross examination, Ms. Fuller further explained that she did not attend the hearing because she "had planned on just withdrawing him like Mrs. Howell and just letting him go to Springfield." Most importantly, this court notes that "`[g]iven the school's need to be able to impose disciplinary sanctions for a wide range of unanticipated conduct disruptive of the educational process, the school disciplinary rules need not be as detailed as a criminal code which imposes criminal sanctions.'" Perkins' testimony confirmed that the School Board has expelled Caucasian students for fighting. The students will remain expelled for the balance of the 1999-2000 school year. Stay up-to-date with how the law affects your life. The Summary now showed that the majority of students expelled were African American. & L.J. Bond, his father, and a representative of the Rainbow/PUSH Coalition were allowed to address the School Board on behalf of Bond. The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. & L.J. Based upon the evidence, this court concludes that Ms. Howell asked the School Board to allow her son to withdraw from school based upon the advice she received from Dr. Norman. These statistics failed to establish that any similarly situated Caucasian students were treated less harshly. Woodis, 160 F.3d at 438-39. 99-CV-2277. Justice O'Connor, joined by Justice Breyer, said, If the ordinance applied only to persons reasonably believed to be gang members, this requirement might have cured the ordinance's vagueness because it would have directed the manner in which the order was issued by specifying to whom the order could be issued. 119 S.Ct. This court will now set forth a detailed analysis of the facts of this case, the claims raised by the students and the law supporting the court's decision. Nevertheless, the students have persistently claimed in their pleadings that this case involves a two-year expulsion. See also Gardner v. Barnett, 199 F.3d 915 (7th Cir.1999) (en banc), which involved the shooting death of the manager of a high school football team caught between areas controlled by the Gangster Disciples and the Vice Lords. Fight on the bleachers! In each of the students' hearings before Dr. Cooprider, evidence was presented from Police Officer Doug Taylor. Jim Thomas, principal of Stephen Decatur High School, recommended that Fuller and Bond be expelled for two years stating that the "severe nature of the infraction warrants the recommendation for expulsion." The students have provided this court with no case law supporting their argument that the School Board's failure to do any of the aforementioned acts violated their procedural due process rights. When the dust settled, the original 2-year expulsions were reduced to expulsions for the remainder of the school year with the students being given the opportunity to attend an alternative high school. Byrkit testified and corroborated Hunt's testimony. Chavez, 27 F. Supp. A trial was held on December 27, 28, and 29, 1999. No one appeared for Carson or Honorable. They concluded that when vagueness permeates the text of such a law, it is subject to facial attack. At 1858. Public High Schools. The Court stated that "the ordinance does not provide sufficiently specific limits on the enforcement discretion of the police `to meet constitutional standards for definiteness and clarity.'" Ms. Howell stated that she felt it was the only thing she could do because he was going to be expelled. They may be readmitted beginning with summer school, June 2000. ", Third, this court concludes that the students completely failed to establish that the School Board had a "zero tolerance policy." If the School Board had failed to take action against these students or otherwise ignored their conduct at the game, the students who were not involved in the fight, as well as the citizens of Decatur, might be led to believe that the School Board was unable to control conduct in the schools. The students also filed a Motion for Temporary Restraining Order or Preliminary Injunction (# 3). Reverend Jesse Jackson was allowed to address the School Board. See Fraser, 478 U.S. at 686, 106 S. Ct. 3159; Stephenson, 110 F.3d at 1308. Accordingly, the claim in Armstrong failed because the "study failed to identify individuals who were not black and could have been prosecuted for the offenses for which respondents were charged, but were not so prosecuted." The students' evidence consisted solely of statistics which were complied during the course of trial and did not exist prior to trial. The School Board discussed that, because of the action of Governor Ryan, the students would have the opportunity to attend an alternative education program immediately. of Educ. Further, Jeffrey Perkins, one of the African American members of the School Board, was called as a witness by the students. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The students clearly violated these two rules and substantial evidence was presented in support of the School Board's action on these matters. Designed by chaplains, Fuller's newest degree is a 2-year program offering holistic training for those called to provide spiritual care outside of traditional church settings. Is the rule unconstitutional as applied to these students? He was sitting near the top of the east bleachers when he observed the fight going on below him. The students do not proceed under this theory. 225, 1994 WL 604100, at *2 (N.D.Ill.1994). 00-1233 In the United States Court of Appeals For the Seventh Circuit Argued March 28, 2001 Decided MAY 24, 2001 In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 497, 102 S.Ct. Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. The principals of the respective high schools each recommended that the students be expelled for 2 years. Nevertheless unsatisfied, some of the students, by their parents, brought this action pursuant to 42 U.S.C. That evening the School Board held an emergency meeting. Evidence at the hearings showed that each student was an active participant in the fight. Consequently, before engaging in any analysis of the facial validity of Rule 10, this court must determine whether the students' conduct clearly violated the rule in question. Ins. Bond, his father, and a representative of the Rainbow/PUSH Coalition addressed the Board on Bond's behalf. Fuller v. Decatur Public School Board of Education School District 61 Gary B. v. Snyder Gebardi v. United States .. 115-17, 122 . The court stated, "[w]hile the district court's statement that a year's expulsion *822 is extreme is understandable, we cannot accept the conclusion that the harm the injunction imposes on the Board is insignificant." Reverend Bond also addressed the School Board on behalf of Fuller. 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