Bd. The evidence showed that each of the students was an active participant in the fight. Again, the School Board voted to go into closed executive session to discuss the student disciplinary cases. Arndt testified that racial information was not included in the Summary because the School Board did not request it. 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. Proimos v. Fair Auto. Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. Further, each student had a hearing before the School Board and had the opportunity to address the School Board. However, the evidence presented by the students' own witnesses showed that this resolution had no impact on student disciplinary cases. 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. 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. 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. 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. Accordingly, the decision in Morales has no application to this case. This court reemphasizes the fact that the statistics presented at trial were created pursuant to this court's order. All rights reserved. A facial challenge in the latter situation is limited. Accordingly, the students are not entitled to a permanent injunction. 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. 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. He saw people running out of the stands and up the bleachers to get away from the fight. They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. Chavez v. Illinois State Police,27 F. Supp. Thomas W. Kelty, Michelle L. Proctor, Kelty Law Offices, P.C., Springfield, IL, Michael C. Bruck, Michael T. Beirne, David M. Jenkins, Melissa M. Riahei, Quinlan & Crisham, Ltd., Chicago, IL, for defendants. OF EDUC., Court Case No. 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. These gangs are well-known in the Seventh Circuit, as many of our opinions, see United States v. Hoover, 246 F.3d 1054 (7th Cir.2001) (The Gangster Disciples, a large and vicious street gang), and Goka v. Bobbitt, 862 F.2d 646 (7th Cir.1988) (The Notorious Vice Lords), for example, discuss their activities. Both of these rules state that a "recommendation for expulsion" may be made for a first or subsequent violation of the rule. 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. Nevertheless, the students have persistently claimed in their pleadings that this case involves a two-year expulsion. That any persons charged with keeping the peace-e.g., police officers or school officials-have an obligation to break up a violent fight in the stands at a high school football game cannot be disputed. In addition, Hunt testified that he met with Ms. Fuller and told her it was imperative that she attend her son's hearing. Your activity looks suspicious to us. Dist. Smith v. Severn, 129 F.3d 419, 429 (7th Cir.1997) (citing San Antonio Indep. The court first concludes that each student received notice of a hearing before an independent hearing officer and before the School Board. 411 U.S. 1 - SAN ANTONIO SCHOOL DISTRICT v. RODRIGUEZ . The School Board's expulsion of the students will stand. 2d 67 (1999), the students contend that Rule 10 has serious constitutional deficiencies and is fatally vague on its face. 7 . 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. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc.,455 U.S. 489, 102 S. Ct. 1186, 71 L. Ed. Fuller v. DECATUR PUBLIC SCHOOL BD. Because of the intervention of Governor Ryan, the students were allowed to attend an alternative education program immediately. This court initially notes that each of the students' parent or guardian received the September 23, 1999, letter from Arndt. 1998) (quoting Tinker v. Des Moines Indep. 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. Nevertheless unsatisfied, some of the students, by their parents, brought this action pursuant to 42 U.S.C. others." Public High Schools. 2d 469 (1993). the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District, 2002 BYU EDUC. 2d 320 (1972). of EDU. This court also concludes that the students' reliance on Stephenson is misplaced. 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. See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. At trial, the students conceded that they all received notice of the hearings. Because of the violent nature of the fight, a portion of which was captured on videotape, approximately one-half of the spectators in the bleachers scattered and left the stands to avoid confrontation and possible injury. At each hearing, a document was introduced into evidence which showed that each student had signed a form stating that he received a copy of the Discipline Policy. This court cannot enjoin enforcement of a penalty which is no longer in existence. Based upon the foregoing analysis, this court concludes that the students have failed to meet the burden of proving their claims. Why its important? In addition, Ms. Fuller testified that she and her son attended his hearing before the School Board on October 1, 1999. Dunn, 158 F.3d at 966. 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. However, the cases cited by the students do not support this proposition. *825 Further, this court notes that both Perkins and Terry Robinson (Robinson) attended the November 8, 1999, School Board meeting. Both Perkins and Robinson voted against the expulsion of the students on November 8. At the outset, it is important to note that a federal court's role in school disciplinary matters is very limited. Sign up for our free summaries and get the latest delivered directly to you. Boucher v. School Bd. Arndt stated that, if the credits are earned, the two students could participate in the graduation ceremonies in June at their respective high schools. 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. 403 v. *827 Fraser,478 U.S. 675, 686, 106 S. Ct. 3159, 92 L. Ed. The Summary did not include the race of any of the students. Although rule 10 has been changed, and while the period of expulsion is over, an expulsion of this severity can have serious consequences to the students. A violation of the rule is grounds for suspension or expulsion from school.2. Consequently, this court concludes that Howell lacks standing to be a Plaintiff in this case. 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. Ms. Howell testified that Scott told her that her son was being expelled. . Sch. The students in this case argue that they were expelled by the School Board for a period of two years because of a "zero tolerance" policy which punished them as a group, denied their constitutional rights and was racially motivated. Arndt also testified that the other students will be allowed to re-enroll in their regular high schools at the end of the 1999-2000 school year. This revised Summary was produced by Arndt in open court and was admitted into evidence. Teachers' Responsibilities are (3) 1. Dunn, 158 F.3d at 965. 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. Dunn, 158 F.3d at 965. Ins. See Powell v. McCormack, 395 U.S. 486, 89 S.Ct. Illinois | 01-11-2000 | www.anylaw.com Research the case of FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION, from the C.D. Dr. Amprey stated that, in reviewing all of the documents, he did not recall ever seeing the term "zero tolerance." 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. Each student was suspended from school for 10 days pending further School Board action. Brigham Young University Education & Law Journal, 21, 159-209. The six plaintiffs were identified and suspended for 10 days pending further action of the School Board. Accord Boucher v. 99 Citing Cases Traditional Public Charter Magnet. The California School Directory (Directory) contains information about California public schools, private schools (including nonpublic nonsectarian schools), school districts, and county offices of education. 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. Recently, in City of Chicago v. Morales, 527 U.S. 41, 119 S.Ct. It makes the rule somewhat confusing, but it does not affect our analysis. ACADEMICS Edit school info. 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." 403 v. Fraser, 478 U.S. 675, 686, 106 S.Ct. Dr. Cooprider recommended a 2-year expulsion for each student. 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. 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. 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. 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. Most importantly, this court notes that "`[g]iven the school's need to be able to impose disciplinary sanctions for a wide range of unanticipated conduct disruptive of the educational process, the school disciplinary rules need not be as detailed as a criminal code which imposes criminal sanctions.'" The evidence showed that the parent or guardian of each of the students received this letter prior to the hearing. Because of the fight, the spectators in the east bleachers were scrambling to get away. Illinois, Danville/Urbana Division. Dr. Walter Amprey, the students' expert witness, testified that he reviewed the documents related to the discipline of these students and did not recall ever seeing the term "zero tolerance.". 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. Accordingly, this court concludes that the students' procedural due process rights were not violated. 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. The United States Supreme Court has stated: The Seventh Circuit 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.'" The parties shall be responsible for their own court costs. 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. The Supreme Court held that, to "establish a discriminatory effect in a race case, the claimant must show that similarly situated individuals of a different race were not prosecuted." FULLER v. DECATUR PUBLIC SCHOOL BD. The following facts are summarized based upon the testimony the court heard at trial and the joint exhibits which the parties stipulated into evidence. Perkins said he did not "spend a lot of time thinking about resolutions." On October 1, 1999, the School Board held a special meeting to consider the expulsion recommendation of Dr. Cooprider regarding Fuller and Jarrett. 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. 00-1233 In the United States Court of Appeals For the Seventh Circuit Argued March 28, 2001 Decided MAY 24, 2001 Moreover, the "right to an education [is] not guaranteed, either explicitly or implicitly, by the Constitution, and therefore could not constitute a fundamental right." 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. 26, 27-28 (2011); India Geronimo, Systemic Failure: It is with this limited role in mind that this court reviews each of the students' claims. Whatever is true of other rules, rule 10 is not devoid of standards. Each letter also provided notice that two hearings were scheduled, one before the hearing officer and one before the School Board. 743, 503 N.E.2d 300, 303 (1986). You're all set! 393 U.S. 503 - TINKER v. DES MOINES SCHOOL DIST., Supreme Court of United States. 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. Get free summaries of new Central District of Illinois U.S. Federal District Court opinions delivered to your inbox! No. 2d at 1066. After the fight ended, Boehm and Hunt were following three students suspected of being involved in the fight. This court ordered the School Board to produce this document, and it was introduced into evidence. These activities include recruiting students for membership in any gang and threatening or intimidating other students or employees to commit acts or omissions against his/her will in furtherance of the common purpose and design of any gang. 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. 438, 443 (N.D.Ill.1994). The phrase the students contend is vague is gang-like activity. The rule goes on to say that gang-like activity is conduct engaged in on behalf of any gang, to perpetuate the existence of any gang, to effect the common purpose of a gang, or to represent a gang affiliation, loyalty or membership Fighting in support of one's gang falls under more than one of these definitions. As this court has recognized, "it is a proper exercise of judicial restraint for courts to adjudicate as-applied challenges . The students brought their First Amended Complaint pursuant to 42 U.S.C. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The Court stated that "the ordinance does not provide sufficiently specific limits on the enforcement discretion of the police `to meet constitutional standards for definiteness and clarity.'" 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. *824 At the beginning of trial, the students asked the School Board to produce an "Expulsion Summary" which Arndt prepared for the School Board on October 5, 1999. Nor are we convinced that the request for expungement has been waived. The students additionally argue that they were stereotyped as gang members and racially profiled by the actions of the School Board. Location. This evidence consisted of statements from eyewitnesses and testimony from school administrators regarding their investigation of the fight. This site is protected by reCAPTCHA and the Google, Central District of Illinois U.S. Federal District Court. It has 626 students in grades K-8 with a student-teacher ratio of 22 to 1. 2d 67 (1999). Loading. 130, 687 N.E.2d 53, 64 (1997)). 225, 1994 WL 604100, at *2 (N.D.Ill.1994). He was sitting near the top of the east bleachers when he observed the fight going on below him. The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. The students here have not, and cannot, argue that their involvement in a violent fight in any way implicates their First Amendment Rights. 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." Preschools. ROOSEVELT FULLER, by his parents, GRETTA FULLER and ROOSEVELT HARRIS, et al., Plaintiffs-Appellants, v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION SCHOOL DISTRICT 61, et al., Defendants-Appellees. The evidence showed that, on August 25, 1998, the School Board adopted a resolution which declared a "no-tolerance position on school violence." 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. In addition, Carson's mother testified that an unnamed person told her that her son had been expelled. 1944, 23 L.Ed.2d 491 (1969). In fact, the Summary prepared by Arndt showed that Caucasian students had been expelled for physical confrontations or fighting. For that reason, the court gave the students wide latitude to fully present their evidence at trial. The decision in Armstrong is applicable to civil cases where plaintiffs claim discrimination on the basis of race. Arndt's testimony was corroborated by Perkins, the students' witness. Find Fuller Elementary test scores, student-teacher ratio, parent reviews and teacher stats. Perkins and Robinson were the only African American members of the School Board at the time in question. Perkins testified that he did not recall any discussion by the School Board about the resolution during any expulsion hearings. Robinson was never called by the students to testify at trial as an adverse witness. 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. 159, 160-62; Kathleen DeCataldo & Toni Lang, Keeping Kids in School and Out of Court: A School-Justice Partnership, 83 N.Y. ST. B.J. 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. However, at the students' request, this court ordered Arndt to review school records and, by any means available, to determine the race of each expelled student listed on the Summary. 1186. He played college football for the UCLA Bruins.Fuller was converted from quarterback to receiver as a freshman, and was the Bruins' second-leading receiver in 2013 and 2014. No. First, laws that inhibit the exercise of First Amendment rights can be invalidated under the overbreadth doctrine. At trial, the district court ruled for the School District, denying the students' request for declaratory relief. (Emphasis in original.). v. Chesapeake Public Schools 74 Bundick v. Bay City Independent School District . See Plummer, 97 F.3d at 230. High Sch. A. These statistics were never presented to the School Board at any time during the expulsion proceedings. You can explore additional available newsletters here. Most importantly, Perkins testified that he did not recall any discussion by the School Board about the resolution during any expulsion hearing. Tinker v. Des Moines (1969) . 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. 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. That is incorrect. Based upon the evidence, this court concludes that Ms. Howell asked the School Board to allow her son to withdraw from school based upon the advice she received from Dr. Norman. In addition, both Goetter and Arndt testified that definitions were not provided for the terms used in Rule 10. The court afrmed that the rule prohibiting students from engaging in "gang-like activity" was not impermissibly vague as written or as applied to those who were disciplined. In addition, at most of the hearings, accident reports were made part of the record. Fight on the bleachers! Date: 05-24-2001 Case Style: Fuller v. Decatur Public School Board. Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. Due process requires an opportunity to be heard in a meaningful manner. Illinois, 01-11-2000. This case gave public school officials the authority to suspend students for speech considered to be lewd or indecent. Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. It is also important to recognize that the Seventh Circuit Court of Appeals recently noted that the Supreme ZAMECNIK v. INDIAN PRAIRIE SCH. Vague As-Applied to The Nasty Habit. No. You already receive all suggested Justia Opinion Summary Newsletters. Fuller Elementary located in Raleigh, North Carolina - NC. 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. Accordingly, there is no *821 expulsion decision of the School Board involving Howell for this court to enjoin or declare unconstitutional. Justice Scalia, decrying what he saw as a lowering of the bar for facial challenges, dissented, contending that, at least in contexts other than free speech violations, facial challenges are inherently suspect. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. of Education (1999) Gangs have been part of the school system as far back as the 1930's. Involvement in gangs usually never exceeds 10% Why young people join gangs? Bond attended his hearing along with his guardian, Gretta Fuller (Ms. Fuller), and his uncle, Reverend Mark Bond (Reverend Bond). It also showed that the students were members of the rival gangs, the Vice Lords and the Gangster Disciples, that fought that night. The students argue that the phrase gang-like activity is unconstitutionally vague on its face. of Educ. 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. Copyright 2023, Thomson Reuters. Not only does rule 10 have very little to do with the Constitution, it also is not a criminal law but merely a school disciplinary rule. For a number of reasons, we conclude that no facial challenge can be made to rule 10. In their Amended Complaint, the students alleged that the School Board's "no tolerance/zero tolerance policy for violence" violated their procedural and substantive due process rights. Ms. Howell testified that Dr. Norman suggested that she withdraw her son from school. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. *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. Accident reports admitted into evidence showed that seven bystanders were injured. *826 The evidence presented at trial does not support the students' claim. Plaintiffs presented nothing at trial to contradict this evidence. E. DUC. 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. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. Hoffman Estates, 455 U.S. at 495, 102 S. Ct. 1186; see also Woodis, 160 F.3d at 438. The injuries complained of were mainly bruises. 150, 463 F.2d 763, 767 (7th Cir. of City of Chicago, 466 F.2d 629, 635 (7th Cir.1972); Linwood v. Board of Educ. of City of Peoria, School Dist. of Educ. Bond, his father, and a representative of the Rainbow/PUSH Coalition addressed the Board on Bond's behalf. Website. Fuller v. Decatur Public Sch. These hearings took place on September 27, 28 and 29, 1999. See Woodis, 160 F.3d at 438-39. Fuller and Howell have now graduated from high school. A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. On April 1, 2009, the American Civil Liberties Union's Racial Justice Program, . This court concludes that its inquiry and final decision in this case must be based upon the School Board's action on November 8, 1999, when the expulsions of the five students were reduced to a period of approximately eight months and the students were given the opportunity to enroll in an alternative education program. ", From the testimony presented at trial, including the testimony of Dr. Amprey and School Board member Perkins, the court finds nothing in the record indicating that the August 25, 1998, resolution constituted a "zero tolerance policy.". In 2000, the U.S. District . All three high schools are located in Decatur, Illinois, and are part of Decatur Public School District No. 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. Hunt also testified that he attempted to let her know that because of "the seriousness of the situation she needed to be there." 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. Fuller ex rel. 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. Moreover, Ms. Howell and her son participated in the hearing extensively, asking many questions of the District's witnesses and presenting their own witnesses. 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.
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