That is incorrect. Scott attempted to stop the students, and one of the students involved in this action pushed Scott and left the area. Because Howell voluntarily withdrew from school, the School Board took no action regarding Dr. Cooprider's expulsion recommendation. 130, 687 N.E.2d 53, 64 (1997)). This court ordered the School Board to produce this document, and it was introduced into evidence. 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. 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. 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. 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. Moreover, Dr. Amprey, the students' expert witness, testified that he reviewed the documents related to the discipline of these students prior to trial. Howell then was allowed to appear before the School Board with his mother, Ms. Howell, and Dr. Jeanelle Norman (Dr. Norman). A violation of the rule is grounds for suspension or expulsion from school.2. The students here have not, and cannot, argue that their involvement in a violent fight in any way implicates their First Amendment Rights. 2001) case opinion from the US Court of Appeals for the Seventh Circuit The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or quasi-judicial trial." Perkins' testimony was both candid and credible. On Friday, September 17, 1999, a football game was held at Eisenhower High School between Eisenhower and MacArthur High School. 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. 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. Illinois, Danville/Urbana Division. The students' conduct clearly violated these rules. The videotape showed approximately the final one-third of the fight. of Seminole Co., 753 So2d 130 (Fla App 2000) (upholding suspension from extracurricular activities pursuant to a zero-tolerance policy . On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. Fight on the bleachers! 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. 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. Loading. All rights reserved. Stephenson, 110 F.3d at 1308 (quoting Bethel School Dist. 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. denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. The record is undisputed that Ms. Fuller, Bond's guardian, and Reverend Bond attended the hearing before Dr. Cooprider on behalf of Bond. Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. A document was signed by Howell and Ms. Howell which stated that Ms. Howell was voluntarily withdrawing her son from school, in lieu of having an expulsion hearing. 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. 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. 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. 159 (2002). Boehm testified that it was the only fight of this magnitude he had seen in 27 years in education. v School Bd. Boucher, 134 F.3d at 827 (quoting Tinker v. Des Moines Indep. 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 evidence showed that, on August 25, 1998, the School Board adopted a resolution which declared a "no-tolerance position on school violence." 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, Fuller v. Decatur Public School Board of Education School District 61 Gary B. v. Snyder Gebardi v. United States .. 115-17, 122 . The purpose of the meeting was to discuss the expulsions of the students. 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. denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. 743, 503 N.E.2d 300, 303 (1986). 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. 393 U.S. 503 - TINKER v. DES MOINES SCHOOL DIST., Supreme Court of United States. 2d 1053, 1069 (N.D.Ill.1998). Boehm stated that he had never seen a fight of this magnitude in his 27 years in education. 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. Dunn, 158 F.3d at 966. of City of Peoria, School Dist. Co., 264 Ill.App.3d 576, 201 Ill.Dec. Based upon the evidence in this case, the students' challenge to the "gang-like activity" rule fails for several reasons. (1) Judgment is entered in favor of Defendants and against the students on all counts of the students' First Amended Complaint. Boucher v. School Bd. Overnight, Arndt complied with the court's order and added the race of each expelled student to the face of the document. A facial challenge in the latter situation is limited. Accordingly, the decision in Morales has no application to this case. 99-CV-2277 in the Illinois Central District Court. Again, the court agrees. Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. Kadrmas v. Dickinson Public Schools Kelley v. Chicago Park District Kelo v. City of New London . The remaining 18% of students expelled were Caucasian. 1944, 23 L.Ed.2d 491 (1969). Hutchinson, Lisa; Pullman, Wesley. Fuller v. Decatur Public School Bd. The students filed their original Complaint (# 1) in this court on November 9, 1999. A newer version of the Summary was also admitted which had been updated to include two additional expulsions in 1999. 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. To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. Edit school info. A copy of these provisions was attached to each letter. 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. 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. 2d 549 (1986)); see also Betts v. Board of Educ. The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or 47 Citing Cases From Casetext: Smarter Legal Research Linwood v. Bd. If the School Board had failed to take action against these students or otherwise ignored their conduct at the game, the students who were not involved in the fight, as well as the citizens of Decatur, might be led to believe that the School Board was unable to control conduct in the schools. Get free summaries of new Central District of Illinois U.S. Federal District Court opinions delivered to your inbox! According to Boehm, when the fight was over, the bleachers were approximately one-half full. Brigham Young University Education & Law Journal, 21, 159-209. That evening the School Board held an emergency meeting. Vague As-Applied to The Nasty Habit. The students brought their First Amended Complaint pursuant to 42 U.S.C. It is with this limited role in mind that this court reviews each of the students' claims. 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 letter also stated that the administration was recommending that the student be expelled for two years. On April 1, 2009, the American Civil Liberties Union's Racial Justice Program, . Scoville v. Board of Education (1970) Freedom of Speech includes the right to criticize and protest school policies in 193, 636 N.E.2d 625, 628 (1993). 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. 2d at 1066. Ins. *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. In fact, it may be that the ordinance was not clearly enough limited in its application to gang members. The Board reviewed the videotape of the fight and the report of Dr. Cooprider. Jarrett and *818 his mother, Marilyn Jarrett, attended his hearing. The letters clearly stated that expulsion had been recommended but the decision on expulsion would be made by the School Board. 150, 463 F.2d 763, 770 (7th Cir. Illinois, 01-11-2000. 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. the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District, 2002 BYU EDUC. The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. Accordingly, there is no *821 expulsion decision of the School Board involving Howell for this court to enjoin or declare unconstitutional. Ms. Howell testified that Dr. Norman suggested that she withdraw her son from school. The evidence presented before the hearing officer showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. Fuller v. DECATUR PUBLIC SCHOOL BD. Zero Tolerance ~ January 11, 2000 On August 25, 1998, the School Board adapted a "no-tolerance position on school violence" The ruled the fight as a continuation of an incident that occurred on September 3, 1999 (gang related) See also Baxter v. Round Lake Area Schools,856 F. Supp. Perkins candidly admitted that he could not testify that race was "an issue in the decision to expel" the students in this case. The students appeal. A separate hearing was held before Dr. David O. Cooprider (Dr. Cooprider) for each of the students. The Report listed all persons who attended the hearing on behalf of the District and on behalf of the student. 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 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. The students also filed a Motion for Temporary Restraining Order or Preliminary Injunction (# 3). 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. 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. 150, 463 F.2d 763, 767 (7th Cir. [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." At this hearing, the students agreed to consolidate their request for an injunction with a hearing on the merits of their claims pursuant to Rule 65 of the Federal Rules of Civil Procedure. 00-1233 In the United States Court of Appeals For the Seventh Circuit Argued March 28, 2001 Decided MAY 24, 2001 Each student was suspended from school for 10 days pending further School Board action. It is undisputed that seven spectators, six students and one adult, filed accident reports at MacArthur High School following the incident. of EDU. 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. of School Dist. He is currently one of the hearing officers under contract to conduct expulsion hearings for the District. Tinker v. Des Moines (1969) . 7 . A trial was held on December 27, 28, and 29, 1999. As noted, a school disciplinary rule does not need to be as detailed as a statute or ordinance, which imposes criminal sanctions. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 497, 102 S.Ct. 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. 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. This case gave public school officials the authority to suspend students for speech considered to be lewd or indecent. OF ED Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969). Please try again. Goetter testified that she generally follows the recommendation of the hearing officer regarding expulsions. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. The School Board returned to open session and voted to expel Fuller for two years. The evidence at trial showed that all of the students are currently enrolled in an alternative education program. Fuller Elementary located in Raleigh, North Carolina - NC. 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. These hearings took place on September 27, 28 and 29, 1999. Boucher, 134 F.3d at 826-27. 411 U.S. 1 - SAN ANTONIO SCHOOL DISTRICT v. RODRIGUEZ . The School Board also reviewed Dr Cooprider's Reports regarding Fuller and Jarrett. You can explore additional available newsletters here. 2d 320 (1972). Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. 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. (2) All motions shown as pending in this case (#3, #63, #76) are DENIED as moot. Public High Schools. Recently, in City of Chicago v. Morales, 527 U.S. 41, 119 S.Ct. 00-1233. However, the fact that the Supreme Court concluded that a gang loitering ordinance which imposes criminal sanctions is unconstitutional simply does not mean that a school disciplinary rule, even if similar, is likewise unconstitutional. He testified that a resolution such as this does not have the same impetus or force as a policy. Under contract to conduct expulsion hearings for the District and on behalf of the fight the! 475, 34 L. Ed football game was held on December 27, 28, and 29,.! Cooprider ( Dr. Cooprider ) for each of the students ' request for declaratory relief moot! 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