That evening the School Board held an emergency meeting. 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. Because the period of expulsion has ended, the students recognize that any remedy is necessarily limited, but they seek an order sending the case back to the district court for a determination whether expungement of the disciplinary records is an appropriate remedy. 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 fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. Dr. Cooprider recommended a 2-year expulsion for each student. 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. As noted, the students' First Amended Complaint (# 29) was filed on November 30, 1999. In Boucher, the Seventh Circuit reversed an injunction granted by a district court which enjoined the school board from enforcing a one-year expulsion. OF EDUC., Court Case No. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 497, 102 S.Ct. 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. 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. For a number of reasons, we conclude that no facial challenge can be made to rule 10. 150, 463 F.2d 763, 767 (7th Cir. Bond, his father, and a representative of the Rainbow/PUSH Coalition addressed the Board on Bond's behalf. Fuller v. Decatur Public School Board of Education School District 61 Gary B. v. Snyder Gebardi v. United States .. 115-17, 122 . 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. The combination of and and or in line 4 of the rule is an accurate rendition of the rule. . In addition, both Goetter and Arndt testified that definitions were not provided for the terms used in Rule 10. 2d at 1066. The School Board's expulsion of the students will stand. Illinois, Danville/Urbana Division. Learn more about FindLaws newsletters, including our terms of use and privacy 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. Because of the intervention of Governor Ryan, the students were allowed to attend an alternative education program immediately. Stay up-to-date with how the law affects your life. Defendants further argue that a plaintiff must have an actual stake in the outcome of the court's decision, citing Lihosit v. State Farm Mut. On October 4, 1999, the School Board held a special meeting to consider Dr. Cooprider's expulsion recommendation regarding Howell, Bond, Carson and Honorable. A. It is with this limited role in mind that this court reviews each of the students' claims. Overnight, Arndt complied with the court's order and added the race of each expelled student to the face of the document. of City of Chicago, 466 F.2d 629, 633 (7th Cir.1972); Baxter, 856 F. Supp. 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. 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. (Emphasis in original.). (2) All motions shown as pending in this case (#3, #63, #76) are DENIED as moot. 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, 251 F.3d 662 (7th Cir. 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. Date: 05-24-2001 Case Style: Fuller v. Decatur Public School Board. The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. The Board reviewed the videotape of the fight and the report of Dr. Cooprider. 193, 636 N.E.2d 625, 628 (1993). Fuller ex rel. 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. Most importantly, Perkins testified that he did not recall any discussion by the School Board about the resolution during any expulsion hearing. Both Ed Boehm (Boehm), principal at MacArthur, and Walter Scott (Scott), principal at Eisenhower, were present at the game. Teachers' Responsibilities are (3) 1. 207, 29 F.3d 1149 (7th Cir.1994). Teachers carry a special ethical and legal burden Power arises from In fact, the Summary prepared by Arndt showed that Caucasian students had been expelled for physical confrontations or fighting. According to Boehm, when the fight was over, the bleachers were approximately one-half full. In their First Amended Complaint, the students alleged that their procedural due process rights were violated because the notice of the hearings was inadequate, they did not have an opportunity to confront their accusers and they were not informed of their appeal rights. Vague As-Applied to The Nasty Habit. 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. 26, 27-28 (2011); India Geronimo, Systemic Failure: 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. Because of the fight, the spectators in the east bleachers were scrambling to get away. 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." Nevertheless, the students have persistently claimed in their pleadings that this case involves a two-year expulsion. They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. Fuller ex rei. Because of Howell's withdrawal from school, the School Board took no action regarding Howell. At trial, the district court ruled for the School District, denying the students' request for declaratory relief. The following facts are summarized based upon the testimony the court heard at trial and the joint exhibits which the parties stipulated into evidence. Traditional Public Charter Magnet. 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. 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. Announcing Fuller's New MA in Chaplaincy. The email address cannot be subscribed. 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. FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION 78 F. Supp.2d 812 (2000) | Cited 0 times | C.D. Hunt further testified that he did not state or imply that she would be wasting her time to come to the hearing. 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. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 2d at 1066. The videotape speaks volumes on this issue. Fuller v. Decatur Public Sch. No. At the outset, it is important to note that a federal court's role in school disciplinary matters is very limited. Gary J. 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. 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." 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. 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. Accordingly, the decision in Morales has no application to this case. 393 U.S. 503 - TINKER v. DES MOINES SCHOOL DIST., Supreme Court of United States. Perkins' testimony confirmed that the School Board has expelled Caucasian students for fighting. Evidence was also presented at each hearing regarding the involvement of that particular student in the fight. Dr. Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999. Illinois | 01-11-2000 | www.anylaw.com Research the case of FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION, from the C.D. They may be readmitted beginning with summer school, June 2000. Jarrett and *818 his mother, Marilyn Jarrett, attended his hearing. A videotape taken by a spectator seated in the west bleachers was admitted into evidence. The evidence at trial showed that African American students comprise approximately 46-48% of the student body in the District. An Examination of Fuller v. Decatur Public School Board of Education School District, 22 B.Y.U. These hearings took place on September 27, 28 and 29, 1999. The principals of the respective high schools each recommended that the students be expelled for 2 years. Therefore, vagueness challenges which do not involve the First Amendment must be examined in light of the specific facts of the case at hand and not with regard to the disciplinary rule's facial validity. 61, from the Seventh Circuit, 05-24-2001. Search Cases Search by Topic and Jurisdiction Search by Topic Only Case Summaries 2. The Board voted to expel both students for 2 years. Byrkit stated that neither he nor Hunt told Ms. Fuller that her son was going to be expelled. principal at MS 22, Josh . Loading. Fuller v. Decatur Public School Board. Website. 1855, 75 L.Ed.2d 903 (1983). This case gave public school officials the authority to suspend students for speech considered to be lewd or indecent. Arndt testified that this resolution was a political statement and had no impact on student expulsion cases. Bond, his father, and a representative of the Rainbow/PUSH Coalition were allowed to address the School Board on behalf of Bond. It showed participants punching and kicking each other without concern for the safety of others in the stands. The evidence showed that each of the students was an active participant in the fight. IJPLE 4 (1) 2020 . Fuller School of Excellence Pre-K through 8th Grades 4214 S. Saint Lawrence Ave. Chicago , IL 60653 773-535-1687 Enrollment: 322 A CPS Neighborhood School Each letter stated that a hearing had been set before a hearing officer, gave the date, time and location of the hearing, and stated that the parent or guardian and the student "are herewith requested to appear" at the scheduled hearing. 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. This court notes that Ms. Howell, her son and Theresa Gray from the NAACP did attend the hearing before Dr. Cooprider. Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. A court must look for an abuse of power that "shocks the conscience." Two persons from the Rainbow/PUSH Coalition were allowed to address the Board during the closed session. 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. It makes the rule somewhat confusing, but it does not affect our analysis. The only expulsion penalty before this court is for the remainder of the 1999-2000 school year, being a period of approximately eight months. They asked that Howell be allowed to withdraw from school. 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." Fuller v. Decatur Public School BD. It has 626 students in grades K-8 with a student-teacher ratio of 22 to 1. Fuller v. Decatur Public School DS. 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. The letters also stated that the administrators of the schools recommended the 2-year expulsions. The students additionally argue that they were stereotyped as gang members and racially profiled by the actions of the School Board. The decision in Armstrong is applicable to civil cases where plaintiffs claim discrimination on the basis of race. Each letter also provided notice that two hearings were scheduled, one before the hearing officer and one before the School Board. Fuller, Honorable, and Carson did not attend their hearings, and no one attended on their behalf. of City of Peoria, School Dist. Furthermore, the nature of the law affects the analysis. The court determined in that case, where the expelled student did not engage in any kind of violent activity, that the district court did not adequately consider the potential harm to the Board's authority to take disciplinary action for what it believed to be a serious threat to school property. 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. 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. United States District Court, C.D. Boehm testified that it was the only fight of this magnitude he had seen in 27 years in education. Fuller, Honorable and Carson did not attend their hearings. In United States v. Armstrong,517 U.S. 456, 116 S. Ct. 1480, 134 L. Ed. Brigham Young University Education & Law Journal, 21, 159-209. 403 v. *827 Fraser,478 U.S. 675, 686, 106 S. Ct. 3159, 92 L. Ed. A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. Proimos v. Fair Auto. Perkins also candidly testified that white students had been expelled for fighting. The students alleged that the District has maintained a policy and practice of arbitrary and disparate expulsions with regard to African-American students. Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. Moreover, none of the Caucasian students who were expelled for physical confrontations or fighting can be considered "similarly situated" to the students involved in this case. At trial, the students conceded that they all received notice of the hearings. The students sought declaratory and injunctive relief, essentially seeking an Order reinstating them in school. Public High Schools. 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). Also, each student received a separate hearing before the hearing officer and had an opportunity to appear and present witnesses. The students do not proceed under this theory. Auto. High Sch. The students presented testimony at trial that they were not advised of their appeal rights following the School Board's expulsion decision. Again, because of his withdrawal from school, no action was taken regarding Howell. Fuller v. DECATUR PUBLIC SCHOOL BD. On November 22, 1999, a hearing was held in this case, and the students requested additional time to file an amended complaint. Scott recommended that Howell and Honorable be expelled for two years. Please prove that you're human. Dunn, 158 F.3d at 966. 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. Hunt (Hunt), director of human resources for the District, also testified that he was present at the game. This revised Summary was produced by Arndt in open court and was admitted into evidence. Google Scholar. 1983. On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. Dunn, 158 F.3d at 965. A trial was held on December 27, 28, and 29, 1999. Plummer v. American Institute of Certified Public Accountants, 97 F.3d 220, 229 (7th Cir.1996). The court notes that the form signed by Ms. Howell and her son on October 4, 1999, included a hand-written notation that "The Board of Education is being requested not to take action on expulsion since this is a voluntary withdrawal." 00-1233. 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. Perkins stated that he could not recall whether, in "those occasions where the decision was different from the hearing officer's," the students involved were African American or Caucasian. 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. 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.". 260, 206 F.3d 1358 (10th Cir.2000), goes primarily to speech-related activities. A copy of these provisions was attached to each letter. In addition, at most of the hearings, accident reports were made part of the record. Research the case of Fuller v. Decatur Public School Board of Education School Dist. Is the rule unconstitutional as applied to these students? Defendants objected to the students calling as an expert witness Dr. Walter Amprey (Dr. Amprey), the former superintendent of the Baltimore, Maryland, *820 public schools. Loading. Perkins said that he "more often than not" followed the recommendation of the hearing officer regarding expulsions. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. A violation of the rule is grounds for suspension or expulsion from school.2. All three high schools are located in Decatur, Illinois, and are part of Decatur Public School District No. In addition, no one attended the hearings on their behalf. 159 (2002). OF ED Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969). Two representatives from the Rainbow/PUSH Coalition (an organization identified with Reverend Jackson) addressed the Board in closed session. After the fight ended, Boehm and Hunt were following three students suspected of being involved in the fight. 702. The defendants argue that Howell lacks standing, the request for expungement is inappropriately presented for the first time on appeal, and the case is moot because the rule has been changed and the expulsions are over. *826 The evidence presented at trial does not support the students' claim. First, laws that inhibit the exercise of First Amendment rights can be invalidated under the overbreadth doctrine. On October 1, 1999, the School Board held a special meeting to consider the expulsion recommendation of Dr. Cooprider regarding Fuller and Jarrett. DIST. The day after the emergency meeting, November 9, the students filed their complaint in the present case along with a request for a temporary restraining order or a preliminary injunction. 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. The School Board then reviewed the video-tape of the fight at Eisenhower High School on September 17, 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. 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. Fuller Elementary. OF EDUC. FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION | C.D. The violation of these two rules standing alone would form a sufficient basis for the School Board's expulsion of these students. 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. Board of Education | C.D arbitrary and disparate expulsions with regard to African-American students, 106 S. Ct. 1480 their. 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