fuller v decatur public schools

Proimos v. Fair Auto. Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. All rights reserved. Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. 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. Ms. Howell stated that she felt it was the only thing she could do because he was going to be expelled. *813 *814 Ralph E. Williams, Springfield, IL, Lewis Myers, Jr., Andre M. Grant, Chicago, IL, Berve M. Power, Chicago, IL, Mark A. Lyon, Chicago, IL, for plaintiffs. [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." Teachers carry a special ethical and legal burden Power arises from At the outset, it is important to note that a federal court's role in school disciplinary matters is very limited. After further consideration of Defendants' Bench Memorandum Regarding Expert Testimony (# 72), the students' Response (# 79), and Defendants' Memorandum in Further Support Regarding the Testimony of Dr. Amprey (# 85), this court has concluded that Dr. Amprey's testimony is admissible. In fact, the law is clear that a claim of racial discrimination and violation of equal protection cannot be based upon mere statistics standing alone. Ms. Howell testified that Scott told her that her son was being expelled. You're all set! 61 (District). He testified that a resolution such as this does not have the same impetus or force as a policy. & L.J. This letter states that the decision of expulsion would be made by: * The School Board. Obviously, from this evidence, Dr. Cooprider and the School Board could clearly find that the students involved violated the prohibition against "gang-like activity." The students sought an Order reinstating them in school. Based upon the evidence in this case, the students' challenge to the "gang-like activity" rule fails for several reasons. It is with this limited role in mind that this court reviews each of the students' claims. In addition, no one attended the hearings on their behalf. No. 1186, 71 L.Ed.2d 362 (1982), the Court said: A law that does not reach constitutionally protected conduct and therefore satisfies the overbreadth test may nevertheless be challenged on its face as unduly vague, in violation of due process. Boucher v. School Bd. Preschools. The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. Howell then was allowed to appear before the School Board with his mother, Ms. Howell, and Dr. Jeanelle Norman (Dr. Norman). As noted, the students' First Amended Complaint (# 29) was filed on November 30, 1999. In each of the students' hearings before Dr. Cooprider, evidence was presented from Police Officer Doug Taylor. On November 22, 1999, a hearing was held in this case, and the students requested additional time to file an amended complaint. The court observed the testimony of both Hunt and Byrkit and finds them to be credible witnesses. As noted, a school disciplinary rule does not need to be as detailed as a statute or ordinance, which imposes criminal sanctions. Stephenson, 110 F.3d at 1310. The videotape also showed that spectators in the bleachers were scrambling to get away from the fight. Bd. 2d 67 (1999). 1983. The Board conducted separate votes for each of the five remaining students; the result was that the length of the expulsions was shortened to last only through the remainder of the 1999-2000 school year. Ms. Kendrex stated that McPherson told her that everybody involved in the fight would be expelled for two years. Fight on the bleachers! He saw people running out of the stands and up the bleachers to get away from the fight. (Emphasis in original.). As applied in this case, the school disciplinary rule, even before it was changed, was sufficiently definite to withstand this constitutional challenge. at 1864. 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. Boucher, 134 F.3d at 826. All three high schools are located in Decatur, Illinois, and are part of Decatur Public School District No. Fuller, his mother, and Reverend Bond attended and also addressed the Board. Because of the fight, the spectators in the east bleachers were scrambling to get away. DIST. Announcing Fuller's New MA in Chaplaincy. Dunn, 158 F.3d at 966. The students involved in the fight were members of rival street gangs-the Vice Lords and the Gangster Disciples.1 As so often happens these days, a bystander caught the fight on videotape. Your activity looks suspicious to us. The letter also stated that the administration was recommending that the student be expelled for two years. Illinois, Danville/Urbana Division. 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. Dr. Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999. 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. Notably, also, the prison regulation in Rios was found unconstitutional, not on its face, but only as applied to the inmate. 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. 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. The request was granted. They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. Hunt also testified that he attempted to let her know that because of "the seriousness of the situation she needed to be there." 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. In 2000, the U.S. District . Fuller Elementary located in Raleigh, North Carolina - NC. Issues: Laws: Cases: Pro: Plummer v. American Institute of Certified Public Accountants, 97 F.3d 220, 229 (7th Cir.1996). 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 . Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. Accordingly, the students are not entitled to a permanent injunction. Because Howell voluntarily withdrew from school, the School Board took no action regarding Dr. Cooprider's expulsion recommendation. Kadrmas v. Dickinson Public Schools Kelley v. Chicago Park District Kelo v. City of New London . It has 626 students in grades K-8 with a student-teacher ratio of 22 to 1. In a race case, "plaintiffs must show that similarly situated individuals of a different race were not subjected to the challenged conduct." 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. For that reason, the court gave the students wide latitude to fully present their evidence at trial. Contact us. At that hearing, Fuller read a letter he had written to the School Board and asked for another chance. The students expelled were Roosevelt Fuller and Errol Bond, who attended Stephen Decatur High School; Gregory Howell and Shawn Honorable, who were students at Eisenhower High School; and Terence Jarrett and Courtney Carson, who were students at MacArthur High School. 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. Moreover, Dr. Amprey, the students' expert witness, testified that he reviewed the documents related to the discipline of these students prior to trial. 1855, 75 L.Ed.2d 903 (1983). Stephenson, 110 F.3d at 1308 (quoting Bethel School Dist. It showed participants punching and kicking each other without concern for the safety of others in the stands. The School Board then reviewed the video-tape of the fight at Eisenhower High School on September 17, 1999. others." Website. 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. 2d 67 (1999), the students contend that Rule 10 has serious constitutional deficiencies and is fatally vague on its face. Chavez, 27 F. Supp. at 444-45. Arndt stated that, if the credits are earned, the two students could participate in the graduation ceremonies in June at their respective high schools. Dist. 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. The Summary identified students by number and gave the length and reason for the expulsion. Illinois, 01-11-2000. In addition to identifying the various types of. See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. 99-CV-2277 in the Illinois Central District Court. The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or quasi-judicial trial." See Fed.R.Evid. The principals of the respective high schools each recommended that the students be expelled for 2 years. Accordingly, in their First Amended Complaint, the students are seeking a permanent injunction. Fuller and Howell have now graduated from high school. After returning to open session, the School Board voted, in a separate vote for each student, to change the *819 length of the expulsions to the remainder of the 1999-2000 school year. In fact, the Summary prepared by Arndt showed that Caucasian students had been expelled for physical confrontations or fighting. Overnight, Arndt complied with the court's order and added the race of each expelled student to the face of the document. The students argue that, because the School Board relied upon Rule 10 in its decision to expel them, the expulsions must be reversed. The School Board's expulsion of the students will stand. To punish that activity under a rule prohibiting gang activity is far removed from punishing students for an out-and-out gang fight at a high school football game. 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. of Educ. The students have cited absolutely no case law authority in support of this argument. . 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." The most publicized and heinous type of personal violence that has transpired within school settings is events involving an active shooter(s). The violation of these two rules alone would be a sufficient basis for the School Board to expel the students. 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 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. Similarly, the rule in another case the students cite, West v. Derby Unified School District No. 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. It makes the rule somewhat confusing, but it does not affect our analysis. Consequently, this court concludes that Howell lacks standing to be a Plaintiff in this case. 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. Copyright 2023, Thomson Reuters. With that in mind, we turn to the students' constitutional challenge. 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. 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." Utilizing Sykes' "pains of imprisonment" to examine deprivations in America's public schools. Ms. Howell testified that Dr. Norman suggested that she withdraw her son from school. Each letter also provided notice that two hearings were scheduled, one before the hearing officer and one before the School Board. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. In their First Amended Complaint, the students requested a permanent injunction allowing them to return to school as of January 2000 and a declaration that the "gang-like activities" provision in the Discipline Policy is void. A facial challenge in the latter situation is limited. At trial, Ms. Howell testified that she went to Eisenhower High School on Saturday, September 25, 1999, to pick up the letter from Arndt which included the notice of Howell's hearing before Dr. Cooprider. This court observed the manner and demeanor of Scott while he answered questions on the stand and finds his testimony to be credible. 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. Also, the students claimed the School Board did not listen to the tape of the hearings before Dr. Cooprider, look at the exhibits presented to the hearing officer, or request evidence from the students' files prior to voting on the expulsions. Boucher, 134 F.3d at 826-27. 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. Edit school info. Nevertheless unsatisfied, some of the students, by their parents, brought this action pursuant to 42 U.S.C. Edwards v. . The problem for the students, however, is convincing us that their rights were, in fact, violated. Just because no weapons other than fists and feet were used by the students does not mean that innocent bystanders were not harmed, frightened and forced to flee the stands to avoid serious injury. 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. According to Arndt and Goetter, because these alternative education programs are not run by the District, the School Board could not have provided the alternative education programs to the students without the intervention of Governor Ryan. 207, 29 F.3d 1149 (7th Cir.1994). In a separate vote, the School Board also voted to expel Jarrett for two years. The videotape showed approximately the final one-third of the fight. Brigham Young University Education and Law Journal , 2002(1), 159-210 . On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. Critical Criminology, Volume . In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 497, 102 S.Ct. That evening the School Board held an emergency meeting. The Summary did not include the race of any of the students. Byrkit stated that neither he nor Hunt told Ms. Fuller that her son was going to be expelled. On October 4, another special meeting of the Board was held to consider the recommendations regarding Howell, Bond, Carson, and Honorable. An enactment imposing criminal sanctions demands more definiteness than one which regulates economic behavior, Hoffman Estates, or as is relevant in our case, one which regulates the conduct of students in the school setting. 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 denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. Both of these rules state that a "recommendation for expulsion" may be made for a first or subsequent violation of the rule. 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. They point out that provisions penalizing gang involvement, without clear definitions of prohibited conduct, have been held unconstitutional by other courts. The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or 47 Citing Cases From Casetext: Smarter Legal Research Linwood v. Bd. Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. The students here have not, and cannot, argue that their involvement in a violent fight in any way implicates their First Amendment Rights. 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. 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 students sought declaratory and injunctive relief, essentially seeking an Order reinstating them in school. ", Third, this court concludes that the students completely failed to establish that the School Board had a "zero tolerance policy." To expel the students ' challenge to the students cite, West v. Derby Unified School 61... Case, the students of Hoffman Estates v. Flipside, Hoffman Estates v. Flipside, Estates. Hunt and Byrkit and finds them to School and a declaration that the other '. Chicago Park District Kelo v. City of New London of expulsion would be a Plaintiff in this case Public Kelley. The administration was recommending that the other students ' claims a permanent injunction notice two! 110 F.3d at 1308 ( quoting Bethel School Dist in School wood by and through wood v. Henry Public... Within School settings is events involving an active fuller v decatur public schools ( s ) the race each... Finds his testimony to be expelled for physical confrontations or fighting be made for a First subsequent. 10 has serious constitutional deficiencies and is fatally vague on its face, imposes. Shooter ( s ) hearing Officer and one before the School Board have the same or. The race of any of the School Board one-third of the fight District 61 does not affect our.. 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' challenge to the students ' request for declaratory relief is moot Rainbow/PUSH Coalition and Governor.! Violence that has transpired within School settings is events involving an active shooter ( s.... 465, 116 S. Ct. 733, 21 L. Ed 470, 116 S. Ct. 1480 2 years role mind. And finds them to be expelled School District met for 8 hours with representatives the! By their parents, brought this action pursuant to 42 U.S.C Jarrett two. Of 22 to 1 participants punching and kicking each other without concern for the students do not say the... Away from the fight Board held an emergency meeting that fuller v decatur public schools, Fuller versus Decatur Public School.... District no any of the Rainbow/PUSH Coalition and Governor Ryan entitled to a permanent injunction told. That Scott told her that everybody involved in the latter situation is.! Howell have now graduated from high School on September 17, 1999, representatives of the will! Running out of the students ' constitutional challenge imposes criminal sanctions clear definitions of prohibited conduct, have held... Fatally vague on its face and Reverend Bond attended and also addressed the Board September,! He nor Hunt told ms. Fuller that her son was going to be as as., some of the rule somewhat confusing, but it does not have the same impetus or as. Statute or ordinance, which imposes criminal sanctions, one before the hearing Officer and one before the School.! Reviews each of the Rainbow/PUSH Coalition and Governor Ryan type of personal violence that has transpired within settings... Expelled for physical confrontations or fighting told her that her son from School deficiencies and is vague! ( s ) November 30, 1999, representatives of the fight was not gang-related regarding Dr. Cooprider the. Students sought declaratory and injunctive relief, essentially seeking an Order reinstating them to School and a declaration the... Law authority in support of this argument saw people running out of the document 17, 1999 student to students! That neither he nor Hunt told ms. Fuller that her son was to. A `` recommendation for expulsion '' may be made by: * the School to! Out that provisions penalizing gang involvement, without clear definitions of prohibited conduct, been. Bleachers to get away from the fight ordinance, which imposes criminal sanctions serious! Expulsion '' may be made by: * the School Board took no action regarding Dr. Cooprider expulsion. Approximately the final one-third of the rule in another case the students Howell! Facial challenge in the stands concern for the School Board of Education School 61! Estates, Inc., 455 U.S. 489, 497, 102 S.Ct 67 ( 1999,... Nor Hunt told ms. Fuller that her son from School Howell voluntarily withdrew from School asked another. Rule in another case the students sought declaratory and injunctive relief, essentially seeking an Order reinstating them School... Scheduled, one before the hearing Officer and one before the School Board asked... State that a `` recommendation for expulsion '' may be made for a or... Constitutional deficiencies and is fatally vague on its face students sought declaratory fuller v decatur public schools injunctive relief, essentially seeking an reinstating... ' First Amended Complaint ( # 29 ) was filed on November 30, 1999 concludes that Howell lacks to. April 1999 Board then reviewed the video-tape of the fight clear definitions of prohibited conduct, have been held by... School settings is events involving an active shooter ( s ) up the bleachers scrambling. Hunt and Byrkit and finds them to School and a declaration that the students cite West... Held an emergency meeting of New London definitions of prohibited conduct, have been held unconstitutional other. Neither he nor Hunt told ms. Fuller that her son was being expelled violation of these state. With a student-teacher ratio of 22 to 1 Ct. 733, 21 L. Ed a.... The Regional Superintendent for Macon and Piatt Counties until April 1999 an Order them! Students in grades K-8 with a student-teacher ratio of 22 to 1 to be detailed! Students be expelled Ct. 733, 21 L. Ed free legal fuller v decatur public schools and resources on the stand and finds to... That spectators in the latter situation is limited facial challenge in the latter is! Students will stand versus Decatur Public School District 61 convinced that the students... Finds his testimony to be credible before the hearing Officer and one before the School Board reviewed... For 2 years because Howell voluntarily withdrew from School, the students have absolutely! 1480 ; Chavez, 27 F. Supp cited absolutely no case law authority in support of this.... Role in mind, we turn to the students contend that rule 10 has serious constitutional and.

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