In addition, Ms. Fuller testified that she and her son attended his hearing before the School Board on October 1, 1999. The students sought an Order reinstating them in school. Byrkit stated that neither he nor Hunt told Ms. Fuller that her son was going to be expelled. 2d 1053, 1069 (N.D.Ill.1998). 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. Stephenson, 110 F.3d at 1305. The letters also stated that the administrators of the schools recommended the 2-year expulsions. 61 (District). 61, from the Seventh Circuit, 05-24-2001. Because the expulsions were based at least in part on this rule, the students-including Howell, who claims to have standing despite withdrawing from school-contend that their due process rights were denied. 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. We believe all students, whatever their circumstances or abilities, deserve the best education possible. 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 evidence further showed that the fight on September 17, 1999, was a continuation of this conflict and was a fight between members of these two rival gangs. 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. Based upon the evidence in this case, the students' challenge to the "gang-like activity" rule fails for several reasons. In determining whether the students have succeeded on the merits of their claims, this court is mindful that, as Plaintiffs, the students bear the burden of proving their claims. Edwards v. . Trial was held on December 27, 28, and 29, 1999, and the case is now before this court for decision. Perkins' testimony was both candid and credible. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. at 444-45. The evidence presented to this court showed that the high school principals, Superintendent Arndt and the School Board followed all of the procedures set out in their Discipline Policy. 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. at 1864. Most public schools are open to anystudent who lives within the geographic area. The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. Ms. Kendrex testified that she was in the building at the time of the hearing for Bond but did not go in because she "was in shock." 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. The evidence showed that, on August 25, 1998, the School Board adopted a resolution which declared a "no-tolerance position on school violence." Hutchinson, Lisa; Pullman, Wesley. 73 Fuller v. Decatur Public School Board of Education School District 61 73 M.M. Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. 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. Reverend Bond also addressed the School Board on behalf of Fuller. 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." Accordingly, in each Report, Dr. Cooprider recommended that the student be expelled for two years. Relying on Stephenson v. Davenport Community School Dist., 110 F.3d 1303 (8th Cir.1997), and City of Chicago v. Morales,527 U.S. 41, 119 S. Ct. 1849, 144 L. Ed. The letters clearly stated that expulsion had been recommended but the decision on expulsion would be made by the School Board. Teachers carry a special ethical and legal burden Power arises from Auto. 1. Nevertheless unsatisfied, some of the students, by their parents, brought this action pursuant to 42 U.S.C. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. A unique set of ethical relationships and legal obligations is embedded in teacher's work 3. 2d 469 (1993). The email address cannot be subscribed. This court cannot enjoin enforcement of a penalty which is no longer in existence. Each student was charged with violating: Rule 10, Gang-Like Activities; Rule 13, Physical Confrontation/Physical Violence with Staff or Students; and Rule 28, Any Other Acts That Endanger the Well-Being of Students, Teachers, or Any School Employee(s). In Bethel School District No. 99-CV-2277 in the Illinois Central District Court. A court must look for an abuse of power that "shocks the conscience." Chavez, 27 F. Supp. Linwood v. Board of Educ. Utilizing Sykes' "pains of imprisonment" to examine deprivations in America's public schools. 806 Calloway Drive, Raleigh, NC 27610. 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. 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. On November 8, 1999, School Board President Jacqueline Goetter (Goetter) and other representatives of the District, including Arndt, were involved in an eight-hour meeting with representatives of the Rainbow/PUSH Coalition and Governor George Ryan. The students also filed a Motion for Temporary Restraining Order or Preliminary Injunction (# 3). Hunt also testified that he attempted to let her know that because of "the seriousness of the situation she needed to be there." 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 students argue that the phrase gang-like activity is unconstitutionally vague on its face. 2d 67 (1999). 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. These hearings took place on September 27, 28 and 29, 1999. 130, 687 N.E.2d 53, 64 (1997)). Courts reached mixed results when students had knives in schools . On November 30, 1999, Plaintiffs Roosevelt Fuller, Gregory Howell, Terence Jarrett, Errol Bond, Shawn Honorable and Courtney Carson (students) filed their First Amended Complaint (# 29) against Defendants, Decatur Public School Board of Education School District 61 (School Board), Superintendent Kenneth Arndt, School Board President Jacqueline Goetter, and five members of the School Board. Dr. Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999. 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. Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. The request was granted. 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. ", Third, this court concludes that the students completely failed to establish that the School Board had a "zero tolerance policy." OF ED Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969). 2d at 1066. To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. In 2000, the U.S. District . 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). Moreover, Arndt testified that the School Board does not consider race in making its expulsion decisions. Nor are we convinced that the request for expungement has been waived. The decision of the district court is Affirmed. 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. 260, 206 F.3d 1358 (10th Cir.2000), goes primarily to speech-related activities. On Friday, September 17, 1999, a football game was held at Eisenhower High School between Eisenhower and MacArthur High School. Arndt testified that no other fight listed in the Summary even came close to the magnitude of the September 17, 1999, fight. denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. Howell attended his hearing along with his mother, Cynthia Howell (Ms. Howell), and Theresa Gray of the NAACP. On October 4, another special meeting of the Board was held to consider the recommendations regarding Howell, Bond, Carson, and Honorable. 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. A successful substantive due process claim requires an "extraordinary departure from established norms." The court concluded that the regulation prohibiting gang symbols was constitutionally infirm because it failed to provide adequate notice of the prohibited conduct. Finally, the court concludes that the students cannot challenge the provision prohibiting "gang-like activity" as void for vagueness. Preschools. Perkins also candidly testified that white students had been expelled for fighting. Fuller v. Decatur Public School Bd. Perkins said that he "more often than not" followed the recommendation of the hearing officer regarding expulsions. Stephenson, 110 F.3d at 1308 (quoting Bethel School Dist. 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). The remaining 18% of students expelled were Caucasian. He was also a kick returner with UCLA. Accordingly, Dr. Amprey's testimony has been considered by this court and was found to be candid and truthful. No. View Case; Cited Cases; Citing Case ; Cited Cases . of City of Chicago, 466 F.2d 629, 633 (7th Cir.1972); Baxter, 856 F. Supp. An Examination of Fuller v. Decatur Public School Board of Education School District, 22 B.Y.U. Consequently, before engaging in any analysis of the facial validity of Rule 10, this court must determine whether the students' conduct clearly violated the rule in question. The Office of the Fresno County Superintendent of Schools and the Fresno County Board of Education are dedicated to ensuring the success of the students of Fresno County, through the school districts we serve, by providing programs, support, oversight and training. 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. Why its important? According to state test scores, 53% of students are at least proficient in math and 64% in reading. 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. 2d 320 (1972). The California School Directory (Directory) contains information about California public schools, private schools (including nonpublic nonsectarian schools), school districts, and county offices of education. 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. The School Board voted to go into closed executive session to discuss the student disciplinary cases. 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. 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. On October 4, 1999, the School Board held a special meeting to consider Dr. Cooprider's expulsion recommendation regarding Howell, Bond, Carson and Honorable. When the rule does not reach a substantial amount of constitutionally protected conduct, we must uphold a facial challenge only if the enactment is impermissibly vague in all of its applications. 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. First, laws that inhibit the exercise of First Amendment rights can be invalidated under the overbreadth doctrine. 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. According to Boehm, when the fight was over, the bleachers were approximately one-half full. The videotape speaks volumes on this issue. 225, 1994 WL 604100, at *2 (N.D.Ill.1994). *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. At trial, the district court ruled for the School District, denying the students' request for declaratory relief. You already receive all suggested Justia Opinion Summary Newsletters. 99-CV-2277 in the Illinois Central District Court. Scott recommended that Howell and Honorable be expelled for two years. 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." Linwood, 463 F.2d at 770. Dist. No. 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. It has 626 students in grades K-8 with a student-teacher ratio of 22 to 1. Fans were jumping over the railing, trying to get onto the track which surrounds the football field, to escape the fight. In United States v. Armstrong,517 U.S. 456, 116 S. Ct. 1480, 134 L. Ed. Issues: Laws: Cases: Pro: The violation of these two rules standing alone would form a sufficient basis for the School Board's expulsion of these students. This revised Summary was produced by Arndt in open court and was admitted into evidence. Moreover, Ms. Howell and her son participated in the hearing extensively, asking many questions of the District's witnesses and presenting their own witnesses. It is with this limited role in mind that this court reviews each of the students' claims. 2001) case opinion from the US Court of Appeals for the Seventh Circuit The most publicized and heinous type of personal violence that has transpired within school settings is events involving an active shooter(s). 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. Evidence was also presented at each hearing regarding the involvement of that particular student in the fight. Edit school info. Byrkit testified and corroborated Hunt's testimony. 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. Again, the court agrees. The ordinance prohibited criminal street gang members from loitering with one another or other persons in any public place. The combination of and and or in line 4 of the rule is an accurate rendition of the rule. Howell, his mother, and Dr. Jeanelle Norman appeared and asked that Howell be allowed to with draw from school rather than having the disciplinary hearing. During cross examination, Ms. Fuller further explained that she did not attend the hearing because she "had planned on just withdrawing him like Mrs. Howell and just letting him go to Springfield." In a separate vote, the School Board also voted to expel Jarrett for two years. That is incorrect. 3159, 92 L.Ed.2d 549 (1986), the Supreme Court said: Given the school's need to be able to impose disciplinary sanctions for a wide range of unanticipated conduct disruptive of the educational process, the school disciplinary rules need not be as detailed as a criminal code which imposes criminal sanctions. As noted, a school disciplinary rule does not need to be as detailed as a statute or ordinance, which imposes criminal sanctions. Goetter testified that she generally follows the recommendation of the hearing officer regarding expulsions. The court further finds that the School Board did not act illegally, improperly or deny the students their constitutional rights. Arndt's testimony was corroborated by Perkins, the students' witness. Traditional Public Charter Magnet. He saw people running out of the stands and up the bleachers to get away from the fight. Private Schools. 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. v. Chesapeake Public Schools 74 Bundick v. Bay City Independent School District . Moreover, the "right to an education [is] not guaranteed, either explicitly or implicitly, by the Constitution, and therefore could not constitute a fundamental right." See also L.P.M. of Educ. Dunn, 158 F.3d at 965. Again, because of his withdrawal from school, no action was taken regarding Howell. The Board voted to expel both students for 2 years. Stay up-to-date with how the law affects your life. No. Evidence at the hearings showed that each student was an active participant in the fight. 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. He was sitting near the top of the east bleachers when he observed the fight going on below him. Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. However, 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. 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. The School Board then went into closed executive session. 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." 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. As applied in this case, the school disciplinary rule, even before it was changed, was sufficiently definite to withstand this constitutional challenge. On October 1, 1999, the School Board held a special meeting to consider the expulsions of Fuller and Jarrett. Bethel School Dist game was held at Eisenhower High School vote, the students sought an Order them! Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999 not need to be as detailed a... Top of the east bleachers when he observed the fight was over the! Out of the hearing officer regarding expulsions other students ' request for relief. Can be invalidated under the overbreadth doctrine impermissibly vague in all of its applications Jarrett for two years is vague... 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