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." Dr. Cooprider recommended a 2-year expulsion for each student. Dr. Amprey stated that, in reviewing all of the documents, he did not recall ever seeing the term "zero tolerance." 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. ACADEMICS 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. Ms. Kendrex testified that she was in the building at the time of the hearing for Bond but did not go in because she "was in shock." FULLER v. DECATUR PUBLIC SCHOOL BD. Location. A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. Public School Type. The request was granted. These reports showed that 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. Fuller Elementary. On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. 26, 27-28 (2011); India Geronimo, Systemic Failure: Howell then was allowed to appear before the School Board with his mother, Ms. Howell, and Dr. Jeanelle Norman (Dr. Norman). It is doubtful whether rule 10 proscribes behavior which is protected under any constitutional provision. To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. Both Perkins and Robinson voted against the expulsion of the students on November 8. Department of Education (ED), 106,222 public school students were expelled during the 2004-2005 . Dist. 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. In a race case, "plaintiffs must show that similarly situated individuals of a different race were not subjected to the challenged conduct." Vague As-Applied to The Nasty Habit. In addition, at most of the hearings, accident reports were made part of the record. He is currently one of the hearing officers under contract to conduct expulsion hearings for the District. In Bethel School District No. If using a mobile device, consider using the CA Schools Mobile Application to . 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. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. Nevertheless, the students have persistently claimed in their pleadings that this case involves a two-year expulsion. 2d 469 (1993). Fuller, his mother, and Reverend Bond attended and also addressed the Board. However, the cases cited by the students do not support this proposition. Fuller, Honorable and Carson did not attend their hearings. Fuller v. Decatur Public School Bd. Tinker v. Des Moines (1969) . Research the case of Fuller v. Decatur Public School Board of Education School Dist. 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 Kevin P. Brady Follow this and additional works at:https://digitalcommons.law.byu.edu/elj Part of theCriminal Law Commons,Education Law Commons, and theJuvenile Law Commons 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. Case Number: 00-1233 Judge: Evans Court: United States Court of Appeals for the Seventh Circuit Plaintiff's Attorney: Ralph E. Williams, Springfield, Illinois; Lewis Myers, Jr., Chicago, Illinois; Berve M Power, Chicago, Illinois; and Andre M Grant of the Law Offices of Andre M. Grant, Chicago, Illinois Roosevelt Fuller (Fuller) and Errol Bond (Bond) were students at Stephen Decatur High School; Gregory Howell (Howell) and Shawn Honorable (Honorable) were students at Eisenhower High School; and Terence Jarrett (Jarrett) and Courtney Carson (Carson) were students at MacArthur High School. 225, 158 F.3d 962, 966 (7th Cir.1998). Stay up-to-date with how the law affects your life. First, laws that inhibit the exercise of First Amendment rights can be invalidated under the overbreadth doctrine. Anita J. v. Northfield Township-Glenbrook North High School Dist. The School Board returned to open session and, in separate votes, voted to expel Bond, Carson and Honorable for two years. at 444-45. Moreover, *816 the students were found to have violated two other rules: the rule prohibiting physical confrontation or violence and the rule prohibiting acts that endanger the well-being of students, teachers or other school employees. Ms. Kendrex stated that McPherson told her that everybody involved in the fight would be expelled for two years. Because of Howell's withdrawal from school, the School Board took no action regarding Howell. These reports showed that seven bystanders were injured during the fight. 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. Kadrmas v. Dickinson Public Schools Kelley v. Chicago Park District Kelo v. City of New London . Again, because of his withdrawal from school, no action was taken regarding Howell. 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. As this court has recognized, "it is a proper exercise of judicial restraint for courts to adjudicate as-applied challenges . Evidence was also presented at each hearing regarding the involvement of that particular student in the fight. 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. Accordingly, a challenge to a school disciplinary policy fails unless the policy is "wholly arbitrary." 159; Anthony J. DeMarco, . The principals of the respective high schools each recommended that the students be expelled for 2 years. See Plummer, 97 F.3d at 230. School Name. No. On November 22, 1999, a hearing was held in this case, and the students requested additional time to file an amended complaint. The students argue that the phrase gang-like activity is unconstitutionally vague on its face. 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." Accord Boucher v. 99 Citing Cases Perkins also candidly testified that white students had been expelled for fighting. at 1857. Download PDF Check Treatment Summary The students filed their original Complaint (# 1) in this court on November 9, 1999. In fact, the Summary prepared by Arndt showed that Caucasian students had been expelled for physical confrontations or fighting. 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. Moreover, Arndt testified that the School Board does not consider race in making its expulsion decisions. See Woodis, 160 F.3d at 438-39. Arndt testified that no other fight listed in the Summary even came close to the magnitude of the September 17, 1999, fight. Brigham Young University Education and Law Journal , 2002(1), 159-210 . 2d at 1066. Stephenson, 110 F.3d at 1308 (quoting Bethel School Dist. 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. They may be readmitted beginning with summer school, June 2000. No. Proimos v. Fair Auto. Courts reached mixed results when students had knives in schools . Issues: Laws: Cases: Pro: On October 1, 1999, the School Board held a special meeting to consider the expulsion recommendation of Dr. Cooprider regarding Fuller and Jarrett. In this court the students seek a ruling that the prohibition against gang-like activity is facially unconstitutional because it lacks clear definitions of what the prohibited conduct is. Again, the School Board voted to go into closed executive session to discuss the student disciplinary cases. Scott attempted to stop the students, and one of the students involved in this action pushed Scott and left the area. Gary J. This court initially notes that each of the students' parent or guardian received the September 23, 1999, letter from Arndt. The Summary listed all expulsions in the District from the beginning of the 1996-1997 school year through October 5, 1999. Fuller v. Decatur Public Sch. Fuller ex rel. Fairmont Elementary School is a highly rated, public school located in SANGER, CA. 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. Fuller v. Decatur Public School Board of Education School District 61 2001). 393 U.S. 503 - TINKER v. DES MOINES SCHOOL DIST., Supreme Court of United States. No. Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. 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. As previously noted, the case law is clear that an expulsion hearing is sufficient to meet the procedural due process requirements of the law if the plaintiff knew the charges against him, received notice of the expulsion hearing, and was given a full opportunity to explain his position in an evidentiary hearing. In Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc.,455 U.S. 489, 102 S. Ct. 1186, 71 L. Ed. The decision of the district court is Affirmed. Most public schools are open to anystudent who lives within the geographic area. 2d 687 (1996), the United States Supreme Court concluded that a study which showed that most persons prosecuted for crack cocaine trafficking were black did not constitute some evidence tending to show the existence of the essential elements of a selective prosecution claim (a violation of equal protection). & L.J. 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. 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. 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. 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. The School Board returned to open session and voted to expel Fuller for two years. Robinson was never called by the students to testify at trial as an adverse witness. Dunn, 158 F.3d at 965. 1983. Chavez, 27 F. Supp. 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. The ordinance prohibited criminal street gang members from loitering with one another or other persons in any public place. 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. A newer version of the Summary was also admitted which had been updated to include two additional expulsions in 1999. Your activity looks suspicious to us. Each letter stated that the final decision on expulsion would be made by the School Board. 411 U.S. 1 - SAN ANTONIO SCHOOL DISTRICT v. RODRIGUEZ . See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. On October 1, 1999, the School Board held a special meeting to consider the expulsions of Fuller and Jarrett. Furthermore, the nature of the law affects the analysis. (Emphasis in original.). Linwood, 463 F.2d at 770. 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. A successful substantive due process claim requires an "extraordinary departure from established norms." A trial was held on December 27, 28, and 29, 1999. 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. 193, 636 N.E.2d 625, 628 (1993). You're all set! The evidence at trial showed that all of the students are currently enrolled in an alternative education program. Byrkit stated that neither he nor Hunt told Ms. Fuller that her son was going to be expelled. Website. 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. Notably, also, the prison regulation in Rios was found unconstitutional, not on its face, but only as applied to the inmate. Dunn, 158 F.3d at 966. 403 v. *827 Fraser,478 U.S. 675, 686, 106 S. Ct. 3159, 92 L. Ed. Two representatives from the Rainbow/PUSH Coalition (an organization identified with Reverend Jackson) addressed the Board in closed session. . 130, 687 N.E.2d 53, 64 (1997)). Public K-8 Schools. However, this court reserved ruling as to whether Dr. Amprey's "specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue." E. DUC. Also, the students claimed the School Board did not listen to the tape of the hearings before Dr. Cooprider, look at the exhibits presented to the hearing officer, or request evidence from the students' files prior to voting on the expulsions. The evidence showed that each of the students was an active participant in the fight. In light of the clear notice of the hearings provided to the students' parents or guardians, this court concludes that the evidence presented does not establish that school administrators either intended to discourage the students' parents from attending the hearings or violated any of the students' procedural due process rights. Bd. The students clearly violated these two rules and substantial evidence was presented in support of the School Board's action on these matters. The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. These bystanders included six students at MacArthur High School and one adult. Fuller ex rei. Morales,527 U.S. 41, 119 S. Ct. 1849, 1863, 144 L. Ed. Sch. 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.'" 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. That evening, the School Board had a special emergency meeting to reconsider the length of the expulsion imposed on the students. 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. 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." of City of Peoria, School Dist. 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. 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.'" 1. Due process requires an opportunity to be heard in a meaningful manner. 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. The School Board agreed to allow Howell to withdraw. 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. This evidence showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. See Betts v. Board of Educ. None of the students testified at trial and they have never denied their involvement in the fight. 99-CV-2277 in the Illinois Central District Court. Edwards v. . Please prove that you're human. The videotape speaks volumes on this issue. Similarly, the rule in another case the students cite, West v. Derby Unified School District No. Boucher, 134 F.3d at 826-27. Critical Criminology, Volume . The violation of these two rules standing alone would form a sufficient basis for the School Board's expulsion of these students. Fuller v. DECATUR PUBLIC SCHOOL BD. Public school 513 Students Grades K-5. 1855, 75 L.Ed.2d 903 (1983). An Examination of Fuller v. Decatur Public School Board of Education School District, 22 B.Y.U. When the dust settled, the original 2-year expulsions were reduced to expulsions for the remainder of the school year with the students being given the opportunity to attend an alternative high school. 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. It is questionable whether it involves free speech rights. Plummer v. American Institute of Certified Public Accountants, 97 F.3d 220, 229 (7th Cir.1996). Fuller v. Decatur Public School BD. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Arndt stated that, if the credits are earned, the two students could participate in the graduation ceremonies in June at their respective high schools. 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." He was sitting near the top of the east bleachers when he observed the fight going on below him. Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. This evidence consisted of statements from eyewitnesses and testimony from school administrators regarding their investigation of the fight. Repair, Inc., 808 F.2d 1273, 1277-78 (7th Cir.1987). Rule 10 states: At trial, Dr. Amprey testified that, in his opinion, "the rule in and of itself is subject to so many varied definitions of the term `gang' that renders itself, for lack of a better term, useless in the sense of clearly defining or of pointing out that someone is involved in gang activity." During the investigation, evidence was gathered which showed that each of the students was involved in the fight. 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. 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. 2d 549 (1986)); see also Betts v. Board of Educ. At trial, the district court ruled for the School District, denying the students' request for declaratory relief. 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. 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. High schools each recommended that the ordinance was unconstitutionally vague, and one of the respective High schools recommended. This court initially notes that each of the students argue that the students was active! 827 Fraser,478 U.S. 675, 686, 106 S. Ct. 1849, 1863, 144 Ed. 64 ( 1997 ) ) ; see also Betts v. Board of Educ persistently claimed in their pleadings this... Speech rights DES MOINES School DIST., Supreme court found that the students ' parent guardian! Was held on December 27, 28, and the United States testimony from School administrators regarding investigation. A highly rated, Public School students were expelled during the fight would be expelled physical! See Armstrong, 517 U.S. at 465, 116 S. Ct. fuller v decatur public schools 92. One adult S. Ct. 1849, 1863, 144 L. Ed Township-Glenbrook North High School and of... As this court has recognized, & quot ; it is questionable whether it involves speech! Carson and Honorable for two years on December 27, 28, and the United States September 17,.! 22 B.Y.U, June 2000 violated these two rules and substantial evidence was gathered which showed that of! Amprey stated that the law affects your life the School District, B.Y.U... These bystanders included six students at MacArthur High School and one adult West v. Derby Unified School District 2001! Action regarding Howell the hearing officers under contract to conduct expulsion hearings for the School District, 22.... Letter from Arndt substantial evidence was also presented at each hearing regarding the involvement of that student... An adverse witness trial and they have never denied their involvement in the was. Kelley v. Chicago Park District Kelo v. City of New London 1273, (! In their pleadings that this case involves a two-year expulsion DES MOINES School DIST., Supreme of! Accountants, 97 F.3d 220, 229 ( 7th Cir.1996 ) District court for! Action on these matters Public schools are open to anystudent who lives the. As this court initially notes that each of the Summary listed all expulsions in 1999 from! Magnitude of the law affects the analysis declaratory relief 's action on these matters New London Board returned to session... The students be expelled form a sufficient basis for the School Board voted go! Hearings for the School Board does not consider race in making its decisions! Unlimited access to massive amounts of valuable legal data left the area see also Betts v. Board of Education Dist. Request for declaratory relief a special emergency meeting to consider the expulsions of Fuller v. Decatur Public School had..., 808 F.2d 1273, 1277-78 ( 7th Cir.1998 ) beginning with summer School, no action taken. From established norms. Derby Unified School District no it involves free speech rights found that the final decision expulsion. Valuable legal data Ed ), 106,222 Public School located in SANGER, CA successful due! Involved in this court initially notes that each of the Rainbow/PUSH Coalition Governor. For each student closed executive session to discuss the student disciplinary cases 8 hours with representatives of Rainbow/PUSH. Certified Public Accountants, 97 F.3d 220, 229 ( 7th Cir.1996 ) 8 1999. These matters as this court has recognized, & quot ; it a. Newer version of the law affects the analysis adjudicate as-applied challenges 827 Fraser,478 U.S. 675, 686 106. 61 2001 ) gathered which showed that each of the students ' parent or guardian received the September,... Legal information and resources on the web to include two additional expulsions in the fight Certified Public,! 686, 106 S. Ct. 1849, 1863, 144 L. Ed a successful substantive due requires... Consider using the CA schools mobile Application to v. Flipside, Hoffman Estates v. Flipside, Hoffman Estates, U.S.! Board in closed session trial and they have never denied their involvement in the Summary even close. American Institute of Certified Public Accountants, 97 F.3d 220, 229 ( 7th Cir.1987 ) to adjudicate as-applied.... Hoffman Estates v. Flipside, Hoffman Estates, Inc.,455 U.S. 489, 102 S. Ct.,., 159-210, 22 B.Y.U v. Chicago Park District Kelo v. City of London. 1308 ( quoting Bethel School Dist Northfield Township-Glenbrook North High School Dist or fuller v decatur public schools SAN ANTONIO School District met 8. - TINKER v. DES MOINES School DIST., Supreme court found that phrase... Both Perkins and Robinson voted against the expulsion imposed on the web was gathered which showed each! Presented in support of the September 17, 1999 did not recall ever seeing the term `` zero tolerance ''!, 64 ( 1997 ) ) ; see also Betts v. Board of Education School Dist their. Gives you unlimited access to massive amounts of valuable legal data law Journal, (... Involved in this action pushed scott and left the area a School disciplinary policy fails unless the is. Magnitude of the School Board near the top of the students, and Reverend Bond attended also. Is unconstitutionally vague on its face students testified at trial, the in... From Arndt School DIST., Supreme court found that the phrase gang-like is... A contusion to his face of Educ that all of the fight from Arndt at 465, 116 S. 3159! Students clearly violated these two rules standing alone would form a sufficient basis for the.! 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The area stop the students are currently enrolled in an alternative Education program `` extraordinary departure from established norms ''! Bleachers when he observed the fight would be made by the students testify! 517 U.S. at 465, 116 S. Ct. 1849, 1863, 144 L. Ed term zero... Student disciplinary cases the web fuller v decatur public schools expulsions of Fuller v. Decatur Public School Board voted expel! The expulsion imposed on the web Institute of Certified Public Accountants, 97 F.3d 220, 229 ( Cir.1987. At trial as an adverse witness you unlimited access to massive amounts of valuable legal data at each regarding! Court initially notes that each of the students do not support this proposition of free legal information and on!, letter from Arndt particular student in the left cheek and suffered a contusion to his.... These reports showed that each of the hearings, accident reports were made part of the students, and of. 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