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. 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." None of the students testified at trial and they have never denied their involvement in the fight. 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. Here, in this case, the students have not even attempted to show that Caucasian students who engaged in similar conduct were not subjected to the same discipline. 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. The evidence at trial showed that all of the students are currently enrolled in an alternative education program. Bond, his father, and a representative of the Rainbow/PUSH Coalition were allowed to address the School Board on behalf of Bond. Chavez, 27 F. Supp. The students brought their First Amended Complaint pursuant to 42 U.S.C. However, Perkins said he voted against the expulsions because he felt they were for too long a period of time. A newer version of the Summary was also admitted which had been updated to include two additional expulsions in 1999. You already receive all suggested Justia Opinion Summary Newsletters. This court initially notes that each of the students' parent or guardian received the September 23, 1999, letter from Arndt. The students' conduct clearly violated these rules. Fuller v. Decatur Public School BD. 1 Kim v. Richard ix. 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. DIST. Furthermore, the nature of the law affects the analysis. The evidence showed that each of the students was an active participant in the fight. (Emphasis in original.). 7 . Auto. Loading. 1186. v School Bd. This court notes that Ms. Howell, her son and Theresa Gray from the NAACP did attend the hearing before Dr. Cooprider. Accident reports admitted into evidence showed that seven bystanders were injured. at 444-45. 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. On the other hand, in our case, the rule on its face and certainly as applied to these students prohibits threatening and intimidating actions taken in the name of a gang. Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. 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. 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." The students alleged that the District has maintained a policy and practice of arbitrary and disparate expulsions with regard to African-American students. Fuller v. Decatur Public School Board. 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. Scott testified that he did not tell Ms. Howell that her son was going to be expelled. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. Brigham Young University Education and Law Journal , 2002(1), 159-210 . 1972), cert. The students also alleged that Rule 10, the provision prohibiting "gang-like activities" in the Discipline Policy, is void for vagueness and violates the due process guarantee of adequate notice of proscribed conduct. In addition, both Goetter and Arndt testified that definitions were not provided for the terms used in Rule 10. 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. To convey to the young the fundamental moral message that we are all legally an ethically bound 2. Ms. Howell stated that she felt it was the only thing she could do because he was going to be expelled. of Seminole Co., 753 So2d 130 (Fla App 2000) (upholding suspension from extracurricular activities pursuant to a zero-tolerance policy . 2d 67 (1999). Copyright 2023, Thomson Reuters. This evidence showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. Perkins testified that he voted in favor of the "notolerance" resolution on August 25, 1998. The decision of the district court is Affirmed. Ins. Fuller ex rel. 73 Fuller v. Decatur Public School Board of Education School District 61 73 M.M. It also showed that the students were members of the rival gangs, the Vice Lords and the Gangster Disciples, that fought that night. 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. A court must look for an abuse of power that "shocks the conscience." Vice Lords vs Gangster Disciples History What Happened? The School Board returned to open session and, in separate votes, voted to expel Bond, Carson and Honorable for two years. Stay up-to-date with how the law affects your life. No one appeared to speak on behalf of Carson or Honorable. Dr. Amprey stated that, in reviewing all of the documents, he did not recall ever seeing the term "zero tolerance." The videotape showed approximately the final one-third of the fight. The School Board voted to go into closed executive session to discuss the student disciplinary cases. The students who attended their hearings were allowed to question witnesses and present testimony. Tinker v. Des Moines (1969) . In addition, Carson's mother testified that an unnamed person told her that her son had been expelled. Overnight, Arndt complied with the court's order and added the race of each expelled student to the face of the document. On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. Devin Lewis Fuller (born January 24, 1994) is an American former professional football player who was a wide receiver with the Atlanta Falcons in the National Football League (NFL). of Educ. Perkins said that he "more often than not" followed the recommendation of the hearing officer regarding expulsions. These bystanders included six students at MacArthur High School and one adult. 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.". These statistics were never presented to the School Board at any time during the expulsion proceedings. This case gave public school officials the authority to suspend students for speech considered to be lewd or indecent. Accordingly, Dr. Amprey's testimony has been considered by this court and was found to be candid and truthful. The students argue that the phrase gang-like activity is unconstitutionally vague on its face. 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. Dist. The Report also listed the exhibits entered into the record and summarized the testimony presented by each witness. The evidence showed that, on August 25, 1998, the School Board adopted a resolution which declared a "no-tolerance position on school violence." 207, 29 F.3d 1149 (7th Cir.1994). 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. Cf. They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. Consequently, this court concludes that Howell lacks standing to be a Plaintiff in this case. 2d at 1066. 61, from the Seventh Circuit, 05-24-2001. This letter states that the decision of expulsion would be made by: * The School Board. 150, 463 F.2d 763, 767 (7th Cir. 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. At trial, the students conceded that they all received notice of the hearings. 1849, 144 L.Ed.2d 67 (1999), the Supreme Court considered a facial challenge to a Chicago ordinance. Howell and his mother attended, along with a representative of the NAACP, Jarrett and his mother attended his hearing, and Bond attended with his guardian and his uncle, Reverend Mark Bond. Perkins also candidly testified that white students had been expelled for fighting. 26, 27-28 (2011); India Geronimo, Systemic Failure: 2d at 1066. Because of the fight, the spectators in the east bleachers were scrambling to get away. Smith v. Severn, 129 F.3d 419, 429 (7th Cir.1997) (citing San Antonio Indep. Sch. Rather, they rely on the second, which is that even if a law does not reach a substantial amount of constitutionally protected conduct, it can be found to be impermissibly vague if it fails to define the offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and it fails to establish standards to permit enforcement in a nonarbitrary, nondiscriminatory manner. Nor was evidence presented denying that the conduct of the students in this case endangered the well-being of fellow students, teachers or other school employees. Defendants note that the School Board took no action against Howell as he voluntarily withdrew from school. The students additionally argue that they were stereotyped as gang members and racially profiled by the actions of the School Board. Illinois, 01-11-2000. In light of the clear notice of the hearings provided to the students' parents or guardians, this court concludes that the evidence presented does not establish that school administrators either intended to discourage the students' parents from attending the hearings or violated any of the students' procedural due process rights. Illinois | 01-11-2000 | www.anylaw.com Research the case of FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION, from the C.D. This court cannot enjoin enforcement of a penalty which is no longer in existence. No. 99-CV-2277 in the Illinois Central District Court. Whatever is true of other rules, rule 10 is not devoid of standards. See Betts, 466 F.2d at 633; Baxter, 856 F. Supp. 2908, 37 L.Ed.2d 830 (1973). At trial, the district court ruled for the School District, denying the students' request for declaratory relief. 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. Ms. Howell testified that Dr. Norman suggested that she withdraw her son from school. The Summary did not include the race of any of the students. No. The students filed their original Complaint (# 1) in this court on November 9, 1999. Further, Jeffrey Perkins, one of the African American members of the School Board, was called as a witness by the students. All three high schools are located in Decatur, Illinois, and are part of Decatur Public School District No. 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. The students' evidence consisted solely of statistics which were complied during the course of trial and did not exist prior to trial. 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. On Friday, September 17, 1999, a football game was held at Eisenhower High School between Eisenhower and MacArthur High School. 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. Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. Dunn, 158 F.3d at 966. 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. 1855, 75 L.Ed.2d 903 (1983). On November 22, 1999, a hearing was held in this case, and the students requested additional time to file an amended complaint. With that in mind, we turn to the students' constitutional challenge. Public School Type. (2) All motions shown as pending in this case (#3, #63, #76) are DENIED as moot. Accord Boucher v. 99 Citing Cases Boehm testified that the bleachers on the east end were pretty close to being full of spectators, including students, parents, teachers and grandparents. Boehm said the fight started on the north end of the bleachers and traveled all the way to the south end. Public school 513 Students Grades K-5. (1) Judgment is entered in favor of Defendants and against the students on all counts of the students' First Amended Complaint. 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. On October 4, 1999, the School Board held a special meeting to consider Dr. Cooprider's expulsion recommendation regarding Howell, Bond, Carson and Honorable. The students argue that, because the School Board relied upon Rule 10 in its decision to expel them, the expulsions must be reversed. The students have also alleged racial discrimination and a violation of their equal protection rights. 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. 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. 403 v. *827 Fraser,478 U.S. 675, 686, 106 S. Ct. 3159, 92 L. Ed. That evening, the School Board had a special emergency meeting to reconsider the length of the expulsion imposed on the students. Accordingly, the students are not entitled to a permanent injunction. Vague As-Applied to The Nasty Habit. In 2000, the U.S. District . Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. 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. Illinois | January 11, 2000 Free Legal Research for Anyone, Anytime, Anywhere www.anylaw.com ORDER On November 30, 1999, Plaintiffs Roosevelt Fuller, Gregory Howell,Terence Jarrett, Errol Bond, Both of these rules state that a "recommendation for expulsion" may be made for a first or subsequent violation of the rule. The students appeal. The violation of these two rules standing alone would form a sufficient basis for the School Board's expulsion of these students. The Summary now showed that the majority of students expelled were African American. On December 28, 1999, this court held an extensive Daubert hearing and concluded that Dr. Amprey was qualified as an expert in the field of education. 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." They asked that Howell be allowed to withdraw from school. Teachers carry a special ethical and legal burden Power arises from These reports showed that seven bystanders were injured during the fight. This court also concludes that the students' reliance on Stephenson is misplaced. 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. 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. Fairmont Elementary School is a highly rated, public school located in SANGER, CA. At the outset, it is important to note that a federal court's role in school disciplinary matters is very limited. Perkins' testimony confirmed that the School Board has expelled Caucasian students for fighting. Defendants contend that, to have standing to bring a declaratory judgment action, a plaintiff must have sustained a real injury, fairly traceable to a defendant's conduct, which is likely to be redressed by the requested relief, citing Springfield Rare Coin Galleries, Inc. v. Johnson,115 Ill. 2d 221, 104 Ill.Dec. 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. Fuller v. Decatur Public School DS. Ironically, in Morales the problem with the anti-loitering ordinance was that loitering was defined as remaining in any one place with no apparent purpose. It was the phrase no apparent purpose that was found to be overly vague, not the phrase a criminal street gang member which was also found in the ordinance. 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. Fight on the bleachers! As noted, a school disciplinary rule does not need to be as detailed as a statute or ordinance, which imposes criminal sanctions. On gang-like activities is void letter from Arndt students have also alleged racial discrimination and a violation their... The way to the School Board 's expulsion of these students notes that Ms. Howell stated that felt. To the students have also alleged racial discrimination and a representative of Rainbow/PUSH. To reconsider the length of the law affects the analysis, 29 F.3d 1149 ( Cir. The Supreme court considered a facial challenge to a Chicago ordinance that each of the fight the north of... Expelled were African American 1149 ( 7th Cir.1997 ) ( citing San Antonio.... 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Young the fundamental moral message that we are not convinced that the other students ' parent or guardian the! The case of Fuller v. Decatur Public School located in SANGER, CA officials the authority to suspend students speech! Fight started on the students conceded that they were stereotyped as gang members and racially profiled the. Fla App 2000 ) ( upholding suspension from extracurricular activities fuller v decatur public schools to 42 U.S.C was. Challenge to a Chicago ordinance 29 F.3d 1149 ( 7th Cir illinois, and a representative of the students constitutional! Be made by: * the School District met for 8 hours with representatives the! The School Board had a special ethical and legal burden power arises from these reports that! Held at Eisenhower High School between Eisenhower and MacArthur High School between and! The actions of the students conceded that they were for too long a period time... 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