Two representatives from the Rainbow/PUSH Coalition (an organization identified with Reverend Jackson) addressed the Board in closed session. The principals of the respective high schools each recommended that the students be expelled for 2 years. The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. The School Board voted to go into closed executive session to discuss the student disciplinary cases. Accordingly, the decision in Morales has no application to this case. 99-CV-2277 in the Illinois Central District Court. See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. Fuller ex rei. 1972), cert. The students' evidence consisted solely of statistics which were complied during the course of trial and did not exist prior to trial. Preschools. Furthermore, the nature of the law affects the analysis. Announcing Fuller's New MA in Chaplaincy. Recently, in City of Chicago v. Morales, 527 U.S. 41, 119 S.Ct. They point out that provisions penalizing gang involvement, without clear definitions of prohibited conduct, have been held unconstitutional by other courts. 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. Accordingly, the students are not entitled to a permanent injunction. Contact info. The court afrmed that the rule prohibiting students from engaging in "gang-like activity" was not impermissibly vague as written or as applied to those who were disciplined. 403 v. Fraser, 478 U.S. 675, 686, 106 S.Ct. The evidence clearly supported Dr. Cooprider's finding 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." Arndt's testimony was corroborated by Perkins, the students' witness. The only expulsion penalty before this court is for the remainder of the 1999-2000 school year, being a period of approximately eight months. Fuller, Honorable and Carson did not attend their hearings. They may be readmitted beginning with summer school, June 2000. Moreover, none of the Caucasian students who were expelled for physical confrontations or fighting can be considered "similarly situated" to the students involved in this case. FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION 78 F. Supp.2d 812 (2000) | Cited 0 times | C.D. Boucher v. School Bd. A plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others. Hoffman Estates, 455 U.S. at 494-95, 102 S.Ct. 2d 320 (1972). & L.J. The court's finding must be based upon the solid foundation of evidence and the law that applies to this case. Stephenson, 110 F.3d at 1305. 159 (2002). This court also concludes that the students' reliance on Stephenson is misplaced. In Morales, defendants who were convicted of violating Chicago's gang loitering ordinance and were sentenced to jail terms appealed, arguing that the ordinance was unconstitutionally vague. v. Chesapeake Public Schools 74 Bundick v. Bay City Independent School District . Anita J. v. Northfield Township-Glenbrook North High School Dist. The students presented testimony at trial that they were not advised of their appeal rights following the School Board's expulsion decision. The Supreme Court held that, to "establish a discriminatory effect in a race case, the claimant must show that similarly situated individuals of a different race were not prosecuted." In Goss v. Lopez,419 U.S. 565, 574, 95 S. Ct. 729, 42 L. Ed. The email address cannot be subscribed. Based upon the foregoing analysis, this court concludes that the students have failed to meet the burden of proving their claims. He stated that he said nothing to Ms. Howell "that would lead her to believe that it was a foregone conclusion" that her son would be expelled. Delphine Bond Kendrex (Ms. Kendrex), Bond's mother, testified that she spoke to Elmer McPherson (McPherson), assistant superintendent for the District, on September *823 27, 1999, prior to the date of the hearing set for Bond. According to Boehm, when the fight was over, the bleachers were approximately one-half full. 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). 26, 27-28 (2011); India Geronimo, Systemic Failure: OF EDUC., Court Case No. The Welcome Center and Student Service Desk can help you decide which program is right for you. This court firmly believes that the citizens and students of Decatur should be able to go to a high school football game and watch the contest on the field without worrying about a violent confrontation erupting in the stands which could engulf them in the conflict. Fuller v. Decatur Public School Bd. at 444-45. denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. No. 2d 549 (1986)); see also Betts v. Board of Educ. A court must look for an abuse of power that "shocks the conscience." This court observed from the video-tape presented at trial that the fight involved many individuals raising havoc in the midst of a captive audience of football fans, which included parents, grandparents, teachers and children. 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. The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. Your activity looks suspicious to us. others." 1983. The day after the emergency meeting, November 9, the students filed their complaint in the present case along with a request for a temporary restraining order or a preliminary injunction. Repair, Inc., 808 F.2d 1273, 1277-78 (7th Cir.1987). Boehm stated that he had never seen a fight of this magnitude in his 27 years in education. 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. At the outset, it is important to note that a federal court's role in school disciplinary matters is very limited. Dunn, 158 F.3d at 965. Then later, when a careful investigation reveals that the fight was between well-known rival street gangs, it is reasonable for school officials to see the fight as gang-like activity. In fact, the students do not say that the fight was not gang-related. Nevertheless, the students have persistently claimed in their pleadings that this case involves a two-year expulsion. The traditional standards for a permanent injunction are: (1) whether the plaintiff has succeeded on the merits; (2) whether the plaintiff has an adequate remedy at law or will suffer irreparable harm without an injunction; (3) whether the balance of harms between the parties favors entering the injunction; and (4) whether the entry of the injunction will harm the public interest. The students here have not, and cannot, argue that their involvement in a violent fight in any way implicates their First Amendment Rights. The Summary listed all expulsions in the District from the beginning of the 1996-1997 school year through October 5, 1999. The parties shall be responsible for their own court costs. Fuller v. Decatur Public School Board of Education School District 61 Gary B. v. Snyder Gebardi v. United States .. 115-17, 122 . Dist. 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. Fuller v. Decatur Public School BD. Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. Both Ed Boehm (Boehm), principal at MacArthur, and Walter Scott (Scott), principal at Eisenhower, were present at the game. 2d 67 (1999). The length of these expulsions ranged from a period to five months to a period of one year, three months. 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. Thus, no testimony was ever presented to the court regarding the School Board's alleged racial animus by the two minority School Board members in the best position to render that opinion. 99-CV-2277. 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. These statistics failed to establish that any similarly situated Caucasian students were treated less harshly. Again, because of his withdrawal from school, no action was taken regarding Howell. 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 Kevin P. Brady Follow this and additional works at:https://digitalcommons.law.byu.edu/elj Part of theCriminal Law Commons,Education Law Commons, and theJuvenile Law Commons He also concluded that each of the six students was a significant participant in the September 17, 1999, incident. At trial, the district court ruled for the School District, denying the students' request for declaratory relief. 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. 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 problem for the students, however, is convincing us that their rights were, in fact, violated. School Dist. 2d 687 (1996), the United States Supreme Court concluded that a study which showed that most persons prosecuted for crack cocaine trafficking were black did not constitute some evidence tending to show the existence of the essential elements of a selective prosecution claim (a violation of equal protection). The purpose of the meeting was to discuss the expulsions of the students. It is doubtful whether rule 10 proscribes behavior which is protected under any constitutional provision. Perkins' testimony was both candid and credible. View Case; Cited Cases; Citing Case ; Cited Cases . Why its important? Because the period of expulsion has ended, the students recognize that any remedy is necessarily limited, but they seek an order sending the case back to the district court for a determination whether expungement of the disciplinary records is an appropriate remedy. A separate hearing was held before Dr. David O. Cooprider (Dr. Cooprider) for each of the students. Moreover, the "right to an education [is] not guaranteed, either explicitly or implicitly, by the Constitution, and therefore could not constitute a fundamental right." This evidence showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. By thoroughly completing these procedural steps, the School Board has sufficiently complied with the procedural due process requirements of the law. Private Schools. Fuller v. DECATUR PUBLIC SCHOOL BD. Illinois, Danville/Urbana Division. Brigham Young University Education and Law Journal , 2002(1), 159-210 . Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. Based upon this evidence, the hearing officer and the School Board could properly find that the students violated the prohibition against "gang-like activity." 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. The students claim that, because the fight was of a short duration and that no guns, no knives, and no drugs were involved, no expulsion was warranted for their actions in the fight. 2d 731 (1969)). of City of Peoria, School Dist. These bystanders included six students at MacArthur High School and one adult. Dr. Cooprider prepared a Hearing Officer's Report regarding each of the students. A videotape taken by a spectator seated in the west bleachers was admitted into evidence. 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. The students sought an Order reinstating them in school. Hutchinson, Lisa; Pullman, Wesley. The Summary identified students by number and gave the length and reason for the expulsion. United States District Court, C.D. This revised Summary was produced by Arndt in open court and was admitted into evidence. On October 4, another special meeting of the Board was held to consider the recommendations regarding Howell, Bond, Carson, and Honorable. The court further finds that the School Board did not act illegally, improperly or deny the students their constitutional rights. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. In separate votes, the Board voted to expel Bond, Carson, and Honorable for 2 years. The court notes that the form signed by Ms. Howell and her son on October 4, 1999, included a hand-written notation that "The Board of Education is being requested not to take action on expulsion since this is a voluntary withdrawal." 2d 469 (1993). Edwards v. . The letters also stated that the administrators of the schools recommended the 2-year expulsions. 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. 2d at 1066. 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. In addition, both Goetter and Arndt testified that definitions were not provided for the terms used in Rule 10. Again the Board reviewed the videotape. 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." 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. 702. Two persons from the Rainbow/PUSH Coalition were allowed to address the Board during the closed session. No one appeared to speak on behalf of Carson or Honorable. The School Board reviewed Dr. Cooprider's Reports regarding Bond, Carson and Honorable. Bd. Find Fuller Elementary test scores, student-teacher ratio, parent reviews and teacher stats. Defendants further argue that a plaintiff must have an actual stake in the outcome of the court's decision, citing Lihosit v. State Farm Mut. If the students' constitutional rights were violated, expungement might very well be an appropriate equitable remedy. See Plummer, 97 F.3d at 230. This court agrees. 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. Location. 150, 463 F.2d 763, 770 (7th Cir. With that in mind, we turn to the students' constitutional challenge. In addition, no one attended the hearings on their behalf. The students have cited absolutely no case law authority in support of this argument. In United States v. Armstrong,517 U.S. 456, 116 S. Ct. 1480, 134 L. Ed. Fuller v. Decatur Public School Board. See Betts, 466 F.2d at 633; Baxter, 856 F. Supp. In this court the students seek a ruling that the prohibition against gang-like activity is facially unconstitutional because it lacks clear definitions of what the prohibited conduct is. Dunn, 158 F.3d at 966. The students brought their First Amended Complaint pursuant to 42 U.S.C. Grade Level. Robinson was never called by the students to testify at trial as an adverse witness. Whatever is true of other rules, rule 10 is not devoid of standards. The court first concludes that each student received notice of a hearing before an independent hearing officer and before the School Board. The students in this case argue that they were expelled by the School Board for a period of two years because of a "zero tolerance" policy which punished them as a group, denied their constitutional rights and was racially motivated. *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. On September 23, 1999, Kenneth Arndt (Arndt), Superintendent of Schools for the District, wrote a letter to the parent or guardian of each of the students. Boehm recommended that Jarrett and Carson be expelled for two years because their behavior was unacceptable in the District. In order to prevail, the students here need to show that the rule is unconstitutional in all its applications, which would include its application to them-in other words, that it is unconstitutional as applied. Perkins was questioned about the School Board's decision in this case and said that he could not testify that race was "an issue in the decision to expel. Scott testified that he did not tell Ms. Howell that her son was going to be expelled. 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. On Friday, September 17, 1999, a football game was held at Eisenhower High School between Eisenhower and MacArthur High School. As previously noted, the case law is clear that an expulsion hearing is sufficient to meet the procedural due process requirements of the law 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. The students alleged that the District has maintained a policy and practice of arbitrary and disparate expulsions with regard to African-American students. Second, this court concludes that the students did not present any evidence which established that the School Board's decision to expel them for engaging in violent behavior was in any way based upon race. The California School Directory (Directory) contains information about California public schools, private schools (including nonpublic nonsectarian schools), school districts, and county offices of education. He saw people running out of the stands and up the bleachers to get away from the fight. That any persons charged with keeping the peace-e.g., police officers or school officials-have an obligation to break up a violent fight in the stands at a high school football game cannot be disputed. That is incorrect. In closed session, the School Board reviewed the videotape of the incident at the football game. In addition, the students were given the opportunity to attend one of the alternative education programs run by the Regional Office of Education. Boehm testified that spectators who were in the east bleachers during the fight expressed fear, stress and turmoil when he talked to them after the fight. Fuller and his mother, Ms. Fuller, were present at the hearing and were allowed to address the School Board in closed session. For a number of reasons, we conclude that no facial challenge can be made to rule 10. Traditional Public Charter Magnet. This court notes that Ms. Howell, her son and Theresa Gray from the NAACP did attend the hearing before Dr. Cooprider. This court will not speculate as to what the outcome of this case would have been if the record had concluded following the October 1, 1999, and October 4, 1999, expulsion hearings when five of the students were expelled for two calendar years. The videotape speaks volumes on this issue. At this hearing, the students agreed to consolidate their request for an injunction with a hearing on the merits of their claims pursuant to Rule 65 of the Federal Rules of Civil Procedure. Stephenson, 110 F.3d at 1310. The violation of these two rules standing alone would form a sufficient basis for the School Board's expulsion of these students. The School Board also reviewed Dr Cooprider's Reports regarding Fuller and Jarrett. The court determined in that case, where the expelled student did not engage in any kind of violent activity, that the district court did not adequately consider the potential harm to the Board's authority to take disciplinary action for what it believed to be a serious threat to school property. Boucher, 134 F.3d at 826-27. Please try again. of Greenfield, 134 F.3d 821, 827 (7th Cir. The six plaintiffs were identified and suspended for 10 days pending further action of the School Board. It is undisputed that seven spectators, six students and one adult, filed accident reports at MacArthur High School following the incident. In Bethel School District No. 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.'" The Report also listed the exhibits entered into the record and summarized the testimony presented by each witness. To convey to the young the fundamental moral message that we are all legally an ethically bound 2. In addition, at most of the hearings, accident reports were made part of the record. ", 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.". As a consequence, no testimony was presented by either African American member of the School Board that the School Board's decision was racially motivated. of Educ. This court reemphasizes the fact that the statistics presented at trial were created pursuant to this court's order. 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. The decision in Armstrong is applicable to civil cases where plaintiffs claim discrimination on the basis of race. Accordingly, Dr. Amprey's testimony has been considered by this court and was found to be candid and truthful. These hearings took place on September 27, 28 and 29, 1999. Download PDF Check Treatment Summary 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. Hunt further testified that he did not state or imply that she would be wasting her time to come to the hearing. 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. However, this court cannot make its decision solely upon statistical speculation. Accordingly, this court concludes that the students' procedural due process rights were not violated. Illinois | 01-11-2000 | www.anylaw.com Research the case of FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION, from the C.D. These reports showed that a 15-year-old female student stated that people landed on her during the fight and when she got up to run she was kicked down by a person involved in the fight and heard her back pop. The letter listed the provisions of the District's Student Discipline Policy and Procedures (Discipline Policy) each student was charged with violating. 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 following facts are summarized based upon the testimony the court heard at trial and the joint exhibits which the parties stipulated into evidence. After reviewing the evidence presented at trial, this court finds that the students have failed to meet their burden of proof on all issues presented and are not entitled to a declaratory judgment or injunctive relief. 61, 251 F.3d 662, 666 (7th Cir.2001). However, the evidence presented by the students' own witnesses showed that this resolution had no impact on student disciplinary cases. Moreover, Ms. Howell and her son participated in the hearing extensively, asking many questions of the District's witnesses and presenting their own witnesses. The students sought declaratory and injunctive relief, essentially seeking an Order reinstating them in school. 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. 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. Finally, the court concludes that the students cannot challenge the provision prohibiting "gang-like activity" as void for vagueness. Each student was suspended from school for 10 days pending further School Board action. 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 most publicized and heinous type of personal violence that has transpired within school settings is events involving an active shooter(s). Justice Stevens, joined by Justices Souter and Ginsburg, recognized that the ordinance did not have a sufficiently substantial impact on conduct protected by the First Amendment to subject it to a facial overbreadth challenge. A newer version of the Summary was also admitted which had been updated to include two additional expulsions in 1999. Dist. Also, each student received a separate hearing before the hearing officer and had an opportunity to appear and present witnesses. On October 4, 1999, the School Board held a special meeting to consider Dr. Cooprider's expulsion recommendation regarding Howell, Bond, Carson and Honorable. In addition, Hunt testified that he met with Ms. Fuller and told her it was imperative that she attend her son's hearing. Hunt testified that the fight started at the stairwell near the north end of the bleachers and proceeded into the bleachers where it moved along the bleachers from the north end to the south end. Arndt stated that they could enroll in summer school for the summer of 2000 if they wish. . (1) Judgment is entered in favor of Defendants and against the students on all counts of the students' First Amended Complaint. of Educ. The students do not proceed under this theory. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Because the right to an education is not a fundamental constitutional right, this court reviews the School Board's action to determine if it is an "exercise of governmental power without any reasonable justification." On September 17, 1999, a violent fight broke out in the bleachers at a high school football game in Decatur, Illinois, leaving spectators scrambling to escape the melee. Thomas W. Kelty, Michelle L. Proctor, Kelty Law Offices, P.C., Springfield, IL, Michael C. Bruck, Michael T. Beirne, David M. Jenkins, Melissa M. Riahei, Quinlan & Crisham, Ltd., Chicago, IL, for defendants. 130, 687 N.E.2d 53, 64 (1997)). Is the rule unconstitutional as applied to these students? As this court has recognized, "it is a proper exercise of judicial restraint for courts to adjudicate as-applied challenges . 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. Fuller v. DECATUR PUBLIC SCHOOL BD. This case gave public school officials the authority to suspend students for speech considered to be lewd or indecent. Involving an active shooter ( s ) a student filed suit, Fuller versus Decatur Public School Board Education... The Welcome Center and student Service Desk can help you decide which program is for. 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