Fuller v. Decatur Public Sch. The Board reviewed the videotape of the fight and the report of Dr. Cooprider. 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. At trial, the district court ruled for the School District, denying the students' request for declaratory relief. 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. 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. 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. This court notes that Ms. Howell, her son and Theresa Gray from the NAACP did attend the hearing before Dr. Cooprider. 1 Kim v. Richard ix. Find Fuller Elementary test scores, student-teacher ratio, parent reviews and teacher stats. 1998) (quoting Tinker v. Des Moines Indep. 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.'" We believe all students, whatever their circumstances or abilities, deserve the best education possible. 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. 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. Accordingly, this court concludes that the students' procedural due process rights were not violated. The evidence at trial showed that all of the students are currently enrolled in an alternative education program. Scoville v. Board of Education (1970) Freedom of Speech includes the right to criticize and protest school policies in The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. Hutchinson, Lisa; Pullman, Wesley. Nevertheless, the students have persistently claimed in their pleadings that this case involves a two-year expulsion. The court's finding must be based upon the solid foundation of evidence and the law that applies to this case. The School Board reviewed Dr. Cooprider's Reports regarding Bond, Carson and Honorable. 2d 549 (1986)); see also Betts v. Board of Educ. Issues: Laws: Cases: Pro: Based upon Ms. Howell's testimony, the students argue that Howell has standing to bring this lawsuit because his "voluntary" withdrawal from school was in fact coerced by the actions of Defendants. The videotape speaks volumes on this issue. School Dist. [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." The students sought an Order reinstating them in school. In closed session, the School Board reviewed the videotape of the incident at the football game. 1983, alleging that their constitutional rights were violated because one of the three school disciplinary rules they were found to have violated was void for vagueness. In addition, both Goetter and Arndt testified that definitions were not provided for the terms used in Rule 10. 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. The videotape showed approximately the final one-third of the fight. 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. Bond, his father, and a representative of the Rainbow/PUSH Coalition addressed the Board on Bond's behalf. Linwood v. Board of Educ. He saw people running out of the stands and up the bleachers to get away from the fight. 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. They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. After the fight ended, Boehm and Hunt were following three students suspected of being involved in the fight. The students argue that, because the School Board relied upon Rule 10 in its decision to expel them, the expulsions must be reversed. Here, unlike the situation in Stephenson, the evidence presented before Dr. Cooprider and the School Board showed that the students engaged in conduct that was clearly proscribed by Rule 10. By thoroughly completing these procedural steps, the School Board has sufficiently complied with the procedural due process requirements of the law. 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. This court cannot enjoin enforcement of a penalty which is no longer in existence. Perkins' testimony was both candid and credible. Defendants note that the School Board took no action against Howell as he voluntarily withdrew from school. The students' conduct clearly violated these rules. Hoffman Estates, 455 U.S. at 495, 102 S. Ct. 1186; see also Woodis, 160 F.3d at 438. 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. Boucher v. School Bd. 73 Fuller v. Decatur Public School Board of Education School District 61 73 M.M. Further, each student had a hearing before the School Board and had the opportunity to address the School Board. Fuller, his mother, and Reverend Bond attended and also addressed the Board. The students additionally argue that they were stereotyped as gang members and racially profiled by the actions of the School Board. At that hearing, Fuller read a letter he had written to the School Board and asked for another chance. The Monday after the game, an investigation began at each high school to determine who was involved in the fight. Please prove that you're human. He also concluded that each of the six students was a significant participant in the September 17, 1999, incident. Dist. See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. Bond attended his hearing along with his guardian, Gretta Fuller (Ms. Fuller), and his uncle, Reverend Mark Bond (Reverend Bond). 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. Hunt (Hunt), director of human resources for the District, also testified that he was present at the game. 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. It has 626 students in grades K-8 with a student-teacher ratio of 22 to 1. These statistics were never presented to the School Board at any time during the expulsion proceedings. Rather, they rely on the second, which is that even if a law does not reach a substantial amount of constitutionally protected conduct, it can be found to be impermissibly vague if it fails to define the offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and it fails to establish standards to permit enforcement in a nonarbitrary, nondiscriminatory manner. United States District Court, C.D. Six students who attended three different high schools in the Decatur Public School District were expelled from school for 2 years for their roles in the fight. Moreover, the "right to an education [is] not guaranteed, either explicitly or implicitly, by the Constitution, and therefore could not constitute a fundamental right." Fuller v. Decatur Public School Board of Education School District 61 2001). 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. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. Dist. 2d 362 (1982), the United States Supreme Court cautioned courts to "examine the complainant's conduct before analyzing other hypothetical applications of the law." 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. East & Administrative Campus 200 NE 14th St. Boca Raton, FL 33432 561-391-7274 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). 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." TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. ", 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.". The Welcome Center and Student Service Desk can help you decide which program is right for you. A plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others. Hoffman Estates, 455 U.S. at 494-95, 102 S.Ct. In Morales, defendants who were convicted of violating Chicago's gang loitering ordinance and were sentenced to jail terms appealed, arguing that the ordinance was unconstitutionally vague. & L.J. The Report also listed the exhibits entered into the record and summarized the testimony presented by each witness. 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. In separate votes, the Board voted to expel Bond, Carson, and Honorable for 2 years. Because of the fight, the spectators in the east bleachers were scrambling to get away. No. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc.,455 U.S. 489, 102 S. Ct. 1186, 71 L. Ed. Anita J. v. Northfield Township-Glenbrook North High School Dist. Process, and the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District, 2002 BYU EDUC. 403 v. *827 Fraser,478 U.S. 675, 686, 106 S. Ct. 3159, 92 L. Ed. The injuries complained of were mainly bruises. 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." game (Fuller ex rel. 99-CV-2277 in the Illinois Central District Court. The students do not proceed under this theory. A. Loading. 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." Repair, Inc., 808 F.2d 1273, 1277-78 (7th Cir.1987). This court observed the manner and demeanor of Scott while he answered questions on the stand and finds his testimony to be credible. 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. Fuller v. DECATUR PUBLIC SCHOOL BD. The evidence further showed that the fight on September 17, 1999, was a continuation of this incident and was a fight between members of these two rival gangs. 702. Each letter stated that the final decision on expulsion would be made by the School Board. View Case; Cited Cases; Citing Case ; Cited Cases . Fuller ex rei. In fact, the Summary prepared by Arndt showed that Caucasian students had been expelled for physical confrontations or fighting. Howell attended his hearing along with his mother, Cynthia Howell (Ms. Howell), and Theresa Gray of the NAACP. This court has carefully considered each of the claims raised by the students in their First Amended Complaint. Two representatives from the Rainbow/PUSH Coalition (an organization identified with Reverend Jackson) addressed the Board in closed session. Dr. Cooprider prepared a Hearing Officer's Report regarding each of the students. 403 v. Fraser, 478 U.S. 675, 686, 106 S.Ct. 260, 206 F.3d 1358 (10th Cir.2000), goes primarily to speech-related activities. In Bethel School District No. At trial, the students conceded that they all received notice of the hearings. This case gave public school officials the authority to suspend students for speech considered to be lewd or indecent. However, the cases cited by the students do not support this proposition. Bond, his father, and a representative of the Rainbow/PUSH Coalition were allowed to address the School Board on behalf of Bond. Boehm stated that he had never seen a fight of this magnitude in his 27 years in education. The Report listed all persons who attended the hearing on behalf of the District and on behalf of the student. A trial was held on December 27, 28, and 29, 1999. Dr. Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999. The evidence at trial showed that African American students comprise approximately 46-48% of the student body in the District. Fairmont Elementary School is a highly rated, public school located in SANGER, CA. No. In each of the students' hearings before Dr. Cooprider, evidence was presented from Police Officer Doug Taylor. See also Wiemerslage Through Wiemerslage v. Maine Tp. Illinois, Danville/Urbana Division. It is also important to recognize that the Seventh Circuit Court of Appeals 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.'" Also, each student received a separate hearing before the hearing officer and had an opportunity to appear and present witnesses. Gary J. As noted, a school disciplinary rule does not need to be as detailed as a statute or ordinance, which imposes criminal sanctions. Fuller ex rel. 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. 1983. Dr. Cooprider concluded, based upon the evidence presented at each hearing, that "there is ample evidence that the incident may fairly be characterized as violent physical confrontation, and certainly as actions which endangered students, school personnel, and school visitors." The principals of the respective high schools each recommended that the students be expelled for 2 years. 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. 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. 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. 00-1233 In the United States Court of Appeals For the Seventh Circuit Argued March 28, 2001 Decided MAY 24, 2001 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. Two persons from the Rainbow/PUSH Coalition were allowed to address the Board during the closed session. Perkins and Robinson were the only African American members of the School Board at the time in question. 2908, 37 L.Ed.2d 830 (1973). 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. In a separate vote, the School Board also voted to expel Jarrett for two years. The letter listed the provisions of the District's Student Discipline Policy and Procedures (Discipline Policy) each student was charged with violating. The court concluded that the regulation prohibiting gang symbols was constitutionally infirm because it failed to provide adequate notice of the prohibited conduct. The parties shall be responsible for their own court costs. On October 1, 1999, the School Board held a special meeting to consider the expulsions of Fuller and Jarrett. A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. The students argue that the phrase gang-like activity is unconstitutionally vague on its face. 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 . at 1864. Accord Boucher v. 99 Citing Cases It is questionable whether it involves free speech rights. Arndt's testimony was corroborated by Perkins, the students' witness. Both of these rules state that a "recommendation for expulsion" may be made for a first or subsequent violation of the rule. In short, this court is not impressed with the students' position that because no knives or guns were used in *815 the melee that it was not a significant fight. Boucher, 134 F.3d at 826. 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). 159, 198 (2001). 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. 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. 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. That is incorrect. As applied in this case, the school disciplinary rule, even before it was changed, was sufficiently definite to withstand this constitutional challenge. Utilizing Sykes' "pains of imprisonment" to examine deprivations in America's public schools. 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. 150, 463 F.2d 763, 767 (7th Cir. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Co., 264 Ill.App.3d 576, 201 Ill.Dec. The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. 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." Fuller v. Decatur Public School BD. Ms. Kendrex stated that McPherson told her that everybody involved in the fight would be expelled for two years. On October 1, 1999, the School Board held a special meeting to consider the expulsion recommendation of Dr. Cooprider regarding Fuller and Jarrett. 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. Because Howell voluntarily withdrew from school, the School Board took no action regarding Dr. Cooprider's expulsion recommendation. at 1857. 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. *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. Private Schools. Plaintiffs presented nothing at trial to contradict this evidence. Ms. Howell stated that she felt it was the only thing she could do because he was going to be expelled. See also Gardner v. Barnett, 199 F.3d 915 (7th Cir.1999) (en banc), which involved the shooting death of the manager of a high school football team caught between areas controlled by the Gangster Disciples and the Vice Lords. 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. If the students' constitutional rights were violated, expungement might very well be an appropriate equitable remedy. *825 Further, this court notes that both Perkins and Terry Robinson (Robinson) attended the November 8, 1999, School Board meeting. Illinois | January 11, 2000 Free Legal Research for Anyone, Anytime, Anywhere www.anylaw.com ORDER On November 30, 1999, Plaintiffs Roosevelt Fuller, Gregory Howell,Terence Jarrett, Errol Bond, Brigham Young University Education and Law Journal , 2002(1), 159-210 . 159; Anthony J. DeMarco, . Trial was held on December 27, 28, and 29, 1999, and the case is now before this court for decision. He is currently one of the hearing officers under contract to conduct expulsion hearings for the District. Consequently, this court concludes that Howell lacks standing to be a Plaintiff in this case. 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. 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.". Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. Fuller and Howell have now graduated from high school. Again the Board reviewed the videotape. 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. 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. Further, Jeffrey Perkins, one of the African American members of the School Board, was called as a witness by the students. Plummer v. American Institute of Certified Public Accountants, 97 F.3d 220, 229 (7th Cir.1996). Perkins' testimony confirmed that the School Board has expelled Caucasian students for fighting. 743, 503 N.E.2d 300, 303 (1986). Therefore, in that case, because a cross can have many meanings, and can be a religious symbol, it was not clear that the student violated the rule prohibiting "gang symbols." Ms. Howell testified that Dr. Norman suggested that she withdraw her son from school. Grade Level. 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. Chavez, 27 F. Supp. Arndt testified that racial information was not included in the Summary because the School Board did not request it. 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. The court first concludes that each student received notice of a hearing before an independent hearing officer and before the School Board. Second, this court concludes that the students did not present any evidence which established that the School Board's decision to expel them for engaging in violent behavior was in any way based upon race. Perkins testified that he voted in favor of the "notolerance" resolution on August 25, 1998. 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. Loading. Byrkit testified and corroborated Hunt's testimony. 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. Email | Print | Comments (0) No. You're all set! 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. The letter stated that "[y]ou are not required to attend, however, if you desire you may attend and also have an attorney and witnesses present.". See Fed.R.Evid. of City of Peoria, School Dist. 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. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 497, 102 S.Ct. Evidence at the hearings showed that each student was an active participant in the fight. 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