1855, 75 L.Ed.2d 903 (1983). Boehm recommended that Jarrett and Carson be expelled for two years because their behavior was unacceptable in the District. The Board voted to expel both students for 2 years. 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. Fuller and his mother, Ms. Fuller, were present at the hearing and were allowed to address the School Board in closed session. In Boucher, the Seventh Circuit reversed an injunction granted by a district court which enjoined the school board from enforcing a one-year expulsion. Research the case of Fuller v. Decatur Public School Board of Education School Dist. This court agrees. Dr. Amprey stated that, in reviewing all of the documents, he did not recall ever seeing the term "zero tolerance." 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. 2. Location. The students additionally argue that they were stereotyped as gang members and racially profiled by the actions of the School Board. & L.J. Fuller Elementary located in Raleigh, North Carolina - NC. See Betts v. Board of Educ. 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. Bond, his father, and a representative of the Rainbow/PUSH Coalition addressed the Board on Bond's behalf. Defendants note that the School Board took no action against Howell as he voluntarily withdrew from school. 61 (District). The ordinance prohibited criminal street gang members from loitering with one another or other persons in any public place. Accordingly, Dr. Amprey's testimony has been considered by this court and was found to be candid and truthful. 150, 463 F.2d 763, 767 (7th Cir. 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." He is currently one of the hearing officers under contract to conduct expulsion hearings for the District. Moreover, Arndt testified that the School Board does not consider race in making its expulsion decisions. 2d 549 (1986)); see also Betts v. Board of Educ. 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. 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. Further, each student had a hearing before the School Board and had the opportunity to address the School Board. FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION 78 F. Supp.2d 812 (2000) | Cited 0 times | C.D. The Summary now showed that the majority of students expelled were African American. Chavez, 27 F. Supp. principal at MS 22, Josh . The court first concludes that each student received notice of a hearing before an independent hearing officer and before the School Board. The students have provided this court with no case law supporting their argument that the School Board's failure to do any of the aforementioned acts violated their procedural due process rights. It is questionable whether it involves free speech rights. Community School Dist.,393 U.S. 503, 507, 89 S. Ct. 733, 21 L. Ed. 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 students here have not, and cannot, argue that their involvement in a violent fight in any way implicates their First Amendment Rights. Because of the fight, the spectators in the east bleachers were scrambling to get away. In each of the students' hearings before Dr. Cooprider, evidence was presented from Police Officer Doug Taylor. This evidence showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. 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. Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. 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.". Whatever is true of other rules, rule 10 is not devoid of standards. 1998) (quoting Tinker v. Des Moines Indep. (Emphasis in original.). . 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. 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. On October 4, another special meeting of the Board was held to consider the recommendations regarding Howell, Bond, Carson, and Honorable. 438, 443 (N.D.Ill.1994). At the outset, it is important to note that a federal court's role in school disciplinary matters is very limited. Dist. You're all set! The violation of these two rules standing alone would form a sufficient basis for the School Board's expulsion of these students. In addition, the students were given the opportunity to attend one of the alternative education programs run by the Regional Office of Education. Decided: May 24, 2001 Before RIPPLE, KANNE, and EVANS, Circuit Judges. (2) All motions shown as pending in this case (#3, #63, #76) are DENIED as moot. Announcing Fuller's New MA in Chaplaincy. Public school 513 Students Grades K-5. Reverend Bond also addressed the School Board on behalf of Fuller. Get free summaries of new Central District of Illinois U.S. Federal District Court opinions delivered to your inbox! 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. & L.J. A unique set of ethical relationships and legal obligations is embedded in teacher's work 3. 260, 206 F.3d 1358 (10th Cir.2000), goes primarily to speech-related activities. A successful substantive due process claim requires an "extraordinary departure from established norms." Public School Type. Fuller and Howell have now graduated from high school. 2d 320 (1972). Dr. Cooprider prepared a Hearing Officer's Report regarding each of the students. 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. Obviously, from this evidence, Dr. Cooprider and the School Board could clearly find that the students involved violated the prohibition against "gang-like activity." View Case; Cited Cases; Citing Case ; Cited Cases . The Report also listed the exhibits entered into the record and summarized the testimony presented by each witness. 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). 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. However, this court cannot make its decision solely upon statistical speculation. Nor are we convinced that the request for expungement has been waived. Ms. Fuller said that it was her understanding that it was a "foregone conclusion" that her son was going to be expelled so there was no point in taking off work to attend his hearing. 403 v. *827 Fraser,478 U.S. 675, 686, 106 S. Ct. 3159, 92 L. Ed. The Summary listed all expulsions in the District from the beginning of the 1996-1997 school year through October 5, 1999. By thoroughly completing these procedural steps, the School Board has sufficiently complied with the procedural due process requirements of the law. Issues: Laws: Cases: Pro: 743, 503 N.E.2d 300, 303 (1986). 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. Scott attempted to stop the students, and one of the students involved in this action pushed Scott and left the area. 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. The students also filed a Motion for Temporary Restraining Order or Preliminary Injunction (# 3). Fuller v. Decatur Public Sch. In fact, it may be that the ordinance was not clearly enough limited in its application to gang members. 193, 636 N.E.2d 625, 628 (1993). See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. In addition, Carson's mother testified that an unnamed person told her that her son had been expelled. 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. 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.'" 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." 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. 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. Fuller v. Decatur Public School DS. This court cannot enjoin enforcement of a penalty which is no longer in existence. Accident reports admitted into evidence showed that seven bystanders were injured. The letter listed the provisions of the District's Student Discipline Policy and Procedures (Discipline Policy) each student was charged with violating. The evidence showed that each of the students was an active participant in the fight. Arndt testified that racial information was not included in the Summary because the School Board did not request it. Teachers' Responsibilities are (3) 1. Two persons from the Rainbow/PUSH Coalition were allowed to address the Board during the closed session. Howell then was allowed to appear before the School Board with his mother, Ms. Howell, and Dr. Jeanelle Norman (Dr. Norman). Speech rights 1986 ) the 1996-1997 School year through October 5, 1999 before Cooprider! Must demonstrate that the law at the outset, it is questionable whether it involves free rights! Testimony has been considered by this court can not make its decision solely upon statistical speculation v. Des Indep. 675, 686, 106 S. Ct. 1480 ; Chavez, 27 F. Supp Indep! Are we convinced that the School Board did not request it notice of a hearing before an hearing... Board took no action against Howell as he voluntarily withdrew from School that they stereotyped... African American seeing the term `` zero tolerance. 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