Dunn, 158 F.3d at 966. The provisions were rule 10 involving ganglike activities, rule 13 involving physical confrontations or physical violence, and rule 28, a catch-all provision involving acts found to endanger the well-being of others. Loading. Fuller v. Decatur Public Sch. 2d at 1066. Why its important? 1 Kim v. Richard ix. The major issue in the Fuller case was whether the Decatur Public School Board's no tolerance/zero tolerance policy for violence violated the six students procedural and substantive due process rights. It is with this limited role in mind that this court reviews each of the students' claims. The letter included the date and time of the special meeting of the School Board which had been set to consider the expulsion of each student. Moreover, during trial, Arndt testified that two of the students who are seniors and need only a few credits to graduate may graduate with their class if they complete the necessary credits in the alternative education program. That evening the School Board held an emergency meeting. 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. Morales, 119 S. Ct. at 1863 (quoting City of Chicago v. Morales, 177 Ill. 2d 440, 227 Ill.Dec. The remaining 18% of students expelled were Caucasian. Arndt's testimony was corroborated by Perkins, the students' witness. Because of the efforts of the Rainbow/PUSH Coalition and the intervention of Governor George Ryan, the School Board reconsidered its decision and reduced the expulsions of the five students from two calendar years to the balance of the 1999-2000 school year. principal at MS 22, Josh . AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. Each letter also provided notice that two hearings were scheduled, one before the hearing officer and one before the School Board. They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. Nor are we convinced that the request for expungement has been waived. On October 4, another special meeting of the Board was held to consider the recommendations regarding Howell, Bond, Carson, and Honorable. This letter states that the decision of expulsion would be made by: * The School Board. 2d 731 (1969)). Smith v. Severn, 129 F.3d 419, 429 (7th Cir.1997) (citing San Antonio Indep. FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION | C.D. Brigham Young University Education and Law Journal , 2002(1), 159-210 . The only expulsion penalty before this court is for the remainder of the 1999-2000 school year, being a period of approximately eight months. 411 U.S. 1 - SAN ANTONIO SCHOOL DISTRICT v. RODRIGUEZ . At the outset, this court wants to emphasize that the students in this case were involved in a violent fight in the stands at a high school football game. Again, the court agrees. Arndt stated that they could enroll in summer school for the summer of 2000 if they wish. The students assert that a "valid inference can be raised by large statistical disparities in racial situations including discipline that a given School District and/or School Board has discriminated intentionally." It has 626 students in grades K-8 with a student-teacher ratio of 22 to 1. 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. The ordinance prohibited criminal street gang members from loitering with one another or other persons in any public place. He is currently one of the hearing officers under contract to conduct expulsion hearings for the District. Chavez, 27 F. Supp. 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." 7 . Boucher, 134 F.3d at 826. Ms. Kendrex stated that McPherson told her that everybody involved in the fight would be expelled for two years. Based upon this testimony, the students argue that their due process rights were violated because their parents "were discouraged in pursuing the due process proceeding for their children.". Fuller v. DECATUR PUBLIC SCHOOL BD. at 444-45. Accident reports admitted into evidence showed that seven bystanders were injured. of EDU. Process, and the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District, 2002 BYU EDUC. 2d 16 (1973)); see also Dunn v. Fairfield Community High School Dist. 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. Boehm recommended that Jarrett and Carson be expelled for two years because their behavior was unacceptable in the District. Further, Jeffrey Perkins, one of the African American members of the School Board, was called as a witness by the students. Dr. Cooprider recommended a 2-year expulsion for each student. 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. No. At that hearing, Fuller read a letter he had written to the School Board and asked for another chance. Dist. Fuller v. DECATUR PUBLIC SCHOOL BD. Announcing Fuller's New MA in Chaplaincy. 225, 1994 WL 604100, at *2 (N.D.Ill.1994). 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. Six students who attended three different high schools in the Decatur Public School District were expelled from school for 2 years for their roles in the fight. No. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. The following facts are summarized based upon the testimony the court heard at trial and the joint exhibits which the parties stipulated into evidence. [1] In Stephenson, a high school student was required to remove a small cross tattooed on her hand because school administrators considered it a "gang symbol." In addition, gang membership seems not to implicate the right of association: in Morales, the Chicago ordinance's impact on the social contact between gang members and others does not impair the First Amendment right of association that our cases have recognized. 119 S.Ct. According to Boehm, when the fight was over, the bleachers were approximately one-half full. A separate hearing was held before Dr. David O. Cooprider (Dr. Cooprider) for each of the students. 260, 206 F.3d 1358 (10th Cir.2000), goes primarily to speech-related activities. 193, 636 N.E.2d 625, 628 (1993). Obviously, from this evidence, Dr. Cooprider and the School Board could clearly find that the students involved violated the prohibition against "gang-like activity." Each student was suspended from school for 10 days pending further School Board action. ", Third, this court concludes that the students completely failed to establish that the School Board had a "zero tolerance policy." Accord Boucher v. 99 Citing Cases The Summary now showed that the majority of students expelled were African American. 2d 469 (1993). The most publicized and heinous type of personal violence that has transpired within school settings is events involving an active shooter(s). 26, 27-28 (2011); India Geronimo, Systemic Failure: They may be readmitted beginning with summer school, June 2000. 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. In short, this court is not impressed with the students' position that because no knives or guns were used in *815 the melee that it was not a significant fight. It makes the rule somewhat confusing, but it does not affect our analysis. The principal at MacArthur said he had never seen a fight as bad as this one in his 27 years in education. Based upon the foregoing analysis, this court concludes that the students have failed to meet the burden of proving their claims. A violation of the rule is grounds for suspension or expulsion from school.2. Boucher v. School Bd. 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. Because of the intervention of Governor Ryan, the students were allowed to attend an alternative education program immediately. In spite of this opportunity, the students failed to meet their burden of proof on all issues. The Summary identified students by number and gave the length and reason for the expulsion. Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. Therefore, vagueness challenges which do not involve the First Amendment must be examined in light of the specific facts of the case at hand and not with regard to the disciplinary rule's facial validity. Moreover, Dr. Amprey, the students' expert witness, testified that he reviewed the documents related to the discipline of these students prior to trial. 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. Scott testified that he did not tell Ms. Howell that her son was going to be expelled. 2d at 1066. On November 22, 1999, a hearing was held in this case, and the students requested additional time to file an amended complaint. 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. Teachers carry a special ethical and legal burden Power arises from 1849, 144 L.Ed.2d 67 (1999), the Supreme Court considered a facial challenge to a Chicago ordinance. Co., 264 Ill.App.3d 576, 201 Ill.Dec. It is questionable whether it involves free speech rights. Howell attended his hearing along with his mother, Cynthia Howell (Ms. Howell), and Theresa Gray of the NAACP. 2001) case opinion from the US Court of Appeals for the Seventh Circuit The School Board returned to open session and voted to expel Fuller for two years. Scott attempted to stop the students, and one of the students involved in this action pushed Scott and left the area. v. Chesapeake Public Schools 74 Bundick v. Bay City Independent School District . View Case; Cited Cases; Citing Case ; Cited Cases . As we stated, the students lost at trial. Dunn, 158 F.3d at 966. At trial, the district court ruled for the School District, denying the students' request for declaratory relief. 806 Calloway Drive, Raleigh, NC 27610. Overnight, Arndt complied with the court's order and added the race of each expelled student to the face of the document. These statistics failed to establish that any similarly situated Caucasian students were treated less harshly. Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. They point out that provisions penalizing gang involvement, without clear definitions of prohibited conduct, have been held unconstitutional by other courts. Boehm said he saw fans "jumping over the rail, coming down trying to get onto the track" and "running up the bleachers trying to get away." 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. It is doubtful whether rule 10 proscribes behavior which is protected under any constitutional provision. 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. 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). Anita J. v. Northfield Township-Glenbrook North High School Dist. Each letter stated that a hearing had been set before a hearing officer, gave the date, time and location of the hearing, and stated that the parent or guardian and the student "are herewith requested to appear" at the scheduled hearing. The court further finds that the School Board did not act illegally, improperly or deny the students their constitutional rights. Letters were sent to the students' parents noticing a hearing date and stating that the students were charged with violating three disciplinary provisions, copies of which were attached to the letter. On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. 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. It also showed that the students were members of the rival gangs, the Vice Lords and the Gangster Disciples, that fought that night. Each letter stated that the final decision on expulsion would be made by the School Board. The students have also alleged racial discrimination and a violation of their equal protection rights. Jarrett and *818 his mother, Marilyn Jarrett, attended his hearing. In each of the students' hearings before Dr. Cooprider, evidence was presented from Police Officer Doug Taylor. 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. 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. Cf. . They concluded that when vagueness permeates the text of such a law, it is subject to facial attack. At 1858. of Seminole Co., 753 So2d 130 (Fla App 2000) (upholding suspension from extracurricular activities pursuant to a zero-tolerance policy . Dist. 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. & L.J. See Woodis, 160 F.3d at 438-39. 99-CV-2277 in the Illinois Central District Court. This evidence showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. It is also important to recognize that the Seventh Circuit Court of Appeals recently noted that the Supreme ZAMECNIK v. INDIAN PRAIRIE SCH. These bystanders included six students at MacArthur High School and one adult. However, Ms. Fuller testified that, prior to the hearing set for her son before Dr. Cooprider, she was told by Hunt and Robert Byrkit (Byrkit), the director of special projects for the District, that her son was going to be expelled. Trial was held on December 27, 28, and 29, 1999, and the case is now before this court for decision. Due process requires an opportunity to be heard in a meaningful manner. Visit the About the Directory web page to learn more. 2d 67 (1999). Scoville v. Board of Education (1970) Freedom of Speech includes the right to criticize and protest school policies in 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. In addition to identifying the various types of. Furthermore, the nature of the law affects the analysis. The letters clearly stated that expulsion had been recommended but the decision on expulsion would be made by the School Board. Further, each student had a hearing before the School Board and had the opportunity to address the School Board. 73 Fuller v. Decatur Public School Board of Education School District 61 73 M.M. Decided: May 24, 2001 Before RIPPLE, KANNE, and EVANS, Circuit Judges. On October 1, 1999, the School Board held a special meeting to consider the expulsions of Fuller and Jarrett. Dr. Cooprider prepared a Hearing Officer's Report regarding each of the students. 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. Gary J. This court initially notes that each of the students' parent or guardian received the September 23, 1999, letter from Arndt. A trial was held on December 27, 28, and 29, 1999. He further stated that he had "come to know `zero tolerance' as a special approach or program either here or somewhere else , that would be a part of a, a philosophy and an organized approach as opposed to people just saying they have no tolerance for something. Accordingly, there is no *821 expulsion decision of the School Board involving Howell for this court to enjoin or declare unconstitutional. IJPLE 4 (1) 2020 . It is also important to recognize that the Seventh Circuit Court of Appeals recently noted that the Supreme Court "`has repeatedly emphasized the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.'" To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. 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." 1855, 75 L.Ed.2d 903 (1983). Date: 05-24-2001 Case Style: Fuller v. Decatur Public School Board. 403 v. Fraser, 478 U.S. 675, 686, 106 S.Ct. These hearings took place on September 27, 28 and 29, 1999. Public High Schools. 207, 29 F.3d 1149 (7th Cir.1994). 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. 2d 549 (1986)); see also Betts v. Board of Educ. In addition, Ms. Fuller testified that she and her son attended his hearing before the School Board on October 1, 1999. Tinker v. Des Moines (1969) . This court has carefully considered each of the claims raised by the students in their First Amended Complaint. A rule, regulation, or law can be facially unconstitutional under two different theories. Search Cases Search by Topic and Jurisdiction Search by Topic Only Case Summaries 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. 1972), cert. Preschools. Fuller and Howell have now graduated from high school. Fuller, Honorable, and Carson did not attend their hearings, and no one attended on their behalf. Fuller v. Decatur Public School Board of Education School District 61 Gary B. v. Snyder Gebardi v. United States .. 115-17, 122 . Issues: Laws: Cases: Pro: 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. As noted, the students' First Amended Complaint (# 29) was filed on November 30, 1999. Perkins said that he "more often than not" followed the recommendation of the hearing officer regarding expulsions. 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. The email address cannot be subscribed. 2079 Keyes v. School District No. The evidence showed that, on August 25, 1998, the School Board adopted a resolution which declared a "no-tolerance position on school violence." 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.'" Robinson was never called by the students to testify at trial as an adverse witness. The length of these expulsions ranged from a period to five months to a period of one year, three months. In Bethel School District No. 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. If using a mobile device, consider using the CA Schools Mobile Application to . Ms. Fuller said that it was her understanding that it was a "foregone conclusion" that her son was going to be expelled so there was no point in taking off work to attend his hearing. See also Wiemerslage Through Wiemerslage v. Maine Tp. The evidence showed that, on August 25, 1998, the School Board adopted a resolution which stated that it joined other school districts, law enforcement and mental health agencies "in declaring a no-tolerance position on school violence, and encourages all citizens to make a commitment to violence-free schools." The record is undisputed that Ms. Fuller, Bond's guardian, and Reverend Bond attended the hearing before Dr. Cooprider on behalf of Bond. In addition, the students were given the opportunity to attend one of the alternative education programs run by the Regional Office of Education. The Report also listed the exhibits entered into the record and summarized the testimony presented by each witness. The School Board agreed to allow Howell to withdraw. Rule 10, in place when the trouble started, prohibits students from engaging in gang-like activities. It provides: As used herein, the phrase gang-like activity shall mean any conduct engaged in by a student 1) on behalf of any gang, 2) to perpetuate the existence of any gang, 3) to effect the common purpose and design of any gang and 4) or to represent a gang affiliation, loyalty or membership in any way while on school grounds or while attending a school function. 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. 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 sought declaratory and injunctive relief, essentially seeking an Order reinstating them in school. Howell then was allowed to appear before the School Board with his mother, Ms. Howell, and Dr. Jeanelle Norman (Dr. Norman). 99-CV-2277. Hutchinson, Lisa; Pullman, Wesley. The School Board also reviewed Dr Cooprider's Reports regarding Fuller and Jarrett. Repair, Inc., 808 F.2d 1273, 1277-78 (7th Cir.1987). Find Fuller Elementary test scores, student-teacher ratio, parent reviews and teacher stats. 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. 99-CV-2277 in the Illinois Central District Court. Perkins stated that "clearly there was evidence to support physical confrontation in this situation" and that the students were eligible for expulsion under the Discipline Policy of the School Board. Illinois, Danville/Urbana Division. 00-1233 In the United States Court of Appeals For the Seventh Circuit Argued March 28, 2001 Decided MAY 24, 2001 At the outset, it is important to note that a federal court's role in school disciplinary matters is very limited. 702. Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. The California School Directory (Directory) contains information about California public schools, private schools (including nonpublic nonsectarian schools), school districts, and county offices of education. The videotape showed approximately the final one-third of the fight. A newer version of the Summary was also admitted which had been updated to include two additional expulsions in 1999. Edit school info. A copy of these provisions was attached to each letter. The Monday after the game, an investigation began at each high school to determine who was involved in the fight. 2d 725 (1975), the Supreme Court established that a student's right to a public education is a property interest protected by due process guarantees which cannot be taken away for misconduct without adhering to minimum procedures. You already receive all suggested Justia Opinion Summary Newsletters. The joint exhibits consisted of all of the documents presented to the independent hearing officer, a transcript of the hearings before the hearing officer, the hearing officer's reports and the records from the relevant School Board meetings. The Summary did not include the race of any of the students. In Fuller v. Decatur Public School, the court notes that each of the students' parents or guardian received a letter from Superintendent Ardnt on the topic of expulsion. Hunt (Hunt), director of human resources for the District, also testified that he was present at the game. The letter listed the provisions of the District's Student Discipline Policy and Procedures (Discipline Policy) each student was charged with violating. A court must look for an abuse of power that "shocks the conscience." It is hard to see why police officers might be given discretion to determine who might be a gang member in the context of a criminal law, but school officials cannot determine, in the context of school discipline, what ganglike activity is, especially when what is at issue is a violent fight between rival members of well-known street gangs. From a period to five months to a period to five months to a of! # x27 ; s New MA in Chaplaincy complied with the court order... % of students expelled were African American members of the School Board fuller v decatur public schools to Howell! Regarding expulsions decision of expulsion would be made by: * the Board., an investigation began at each High School and a declaration that the law affects the analysis stipulated into.! 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