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. FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION | C.D. Ms. Howell testified that Dr. Norman suggested that she withdraw her son from school. In a race case, "plaintiffs must show that similarly situated individuals of a different race were not subjected to the challenged conduct." The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. Boehm testified that the bleachers on the east end were pretty close to being full of spectators, including students, parents, teachers and grandparents. This court firmly believes that the citizens and students of Decatur should be able to go to a high school football game and watch the contest on the field without worrying about a violent confrontation erupting in the stands which could engulf them in the conflict. *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. Cf. 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. It is different from the rule in Stephenson v. Davenport Community School District, 110 F.3d 1303 (8th Cir.1997), which is directed at gang-related activities such as display of colors', symbols, signals, signs, etc.-activities more likely to implicate First Amendment rights. Boucher, 134 F.3d at 826-27. 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 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. Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. In addition, the students were given the opportunity to attend one of the alternative education programs run by the Regional Office of Education. Hunt further testified that he did not state or imply that she would be wasting her time to come to the hearing. In each of the students' hearings before Dr. Cooprider, evidence was presented from Police Officer Doug Taylor. Again, the School Board voted to go into closed executive session to discuss the student disciplinary cases. 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. Because of the intervention of Governor Ryan, the students were allowed to attend an alternative education program immediately. 2d 67 (1999), the students contend that Rule 10 has serious constitutional deficiencies and is fatally vague on its face. 806 Calloway Drive, Raleigh, NC 27610. The students involved in the fight were members of rival street gangs-the Vice Lords and the Gangster Disciples.1 As so often happens these days, a bystander caught the fight on videotape. of Greenfield, 134 F.3d 821, 827 (7th Cir. The combination of and and or in line 4 of the rule is an accurate rendition of the rule. Fuller v. DECATUR PUBLIC SCHOOL BD. The students here have not, and cannot, argue that their involvement in a violent fight in any way implicates their First Amendment Rights. 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. . Vague As-Applied to The Nasty Habit. According to state test scores, 53% of students are at least proficient in math and 64% in reading. Defendants argued that Dr. Amprey's testimony was not admissible under Daubert v. Merrell Dow Pharmaceuticals, Inc.,509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. The letter also stated that the administration was recommending that the student be expelled for two years. 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. 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. Grade Level. The students will remain expelled for the balance of the 1999-2000 school year. 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. Based upon this evidence, the hearing officer and the School Board could properly find that the students violated the prohibition against "gang-like activity." He was also a kick returner with UCLA. 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. Further, each student had a hearing before the School Board and had the opportunity to address the School Board. 411 U.S. 1 - SAN ANTONIO SCHOOL DISTRICT v. RODRIGUEZ . The students filed their original Complaint (# 1) in this court on November 9, 1999. They may be readmitted beginning with summer school, June 2000. The students never claimed or offered any testimony at any point in the administrative process that they were not engaged in physical confrontation or violence with fellow students. 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. Is the rule unconstitutional as applied to these students? denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. Fuller and Howell have now graduated from high school. 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. 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). Courts reached mixed results when students had knives in schools . A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. Two representatives from the Rainbow/PUSH Coalition (an organization identified with Reverend Jackson) addressed the Board in closed session. 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." It also showed that the students were members of the rival gangs, the Vice Lords and the Gangster Disciples, that fought that night. The Report also listed the exhibits entered into the record and summarized the testimony presented by each witness. See Betts, 466 F.2d at 633; Baxter, 856 F. Supp. Accordingly, the decision in Morales has no application to this case. 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. 150, 463 F.2d 763, 770 (7th Cir. The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or quasi-judicial trial." 2d 320 (1972). A violation of the rule is grounds for suspension or expulsion from school.2. OF ED Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969). The students sought an Order reinstating them in school. Fuller v. Decatur Public Sch. Each letter stated that the final decision on expulsion would be made by the School Board. See also Baxter v. Round Lake Area Schools,856 F. Supp. 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. If the students' constitutional rights were violated, expungement might very well be an appropriate equitable remedy. 438, 443 (N.D.Ill.1994). Howell then was allowed to appear before the School Board with his mother, Ms. Howell, and Dr. Jeanelle Norman (Dr. Norman). The students who attended their hearings were allowed to question witnesses and present testimony. Loading. Research the case of Fuller v. Decatur Public School Board of Education School Dist. Accord Boucher v. 99 Citing Cases 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." 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. Letters were sent to the students' parents noticing a hearing date and stating that the students were charged with violating three disciplinary provisions, copies of which were attached to the letter. Based upon the evidence, this court concludes that Ms. Howell asked the School Board to allow her son to withdraw from school based upon the advice she received from Dr. Norman. The parties shall be responsible for their own court costs. Based upon the foregoing analysis, this court concludes that the students have failed to meet the burden of proving their claims. The letter listed the provisions of the District's Student Discipline Policy and Procedures (Discipline Policy) each student was charged with violating. Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. 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. Accordingly, because the students failed to show that any similarly situated Caucasian students were treated less harshly, they failed to establish that race played any role in the School Board's expulsion decision. Dist. Arndt's testimony was corroborated by Perkins, the students' witness. Location. The students additionally argue that they were stereotyped as gang members and racially profiled by the actions of the School Board. The students presented testimony at trial that they were not advised of their appeal rights following the School Board's expulsion decision. The Board reviewed the videotape of the fight and the report of Dr. Cooprider. 150, 463 F.2d 763, 767 (7th Cir. Co., 264 Ill.App.3d 576, 201 Ill.Dec. & L.J. In a separate vote, the School Board also voted to expel Jarrett for two years. 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. It is hard to see why police officers might be given discretion to determine who might be a gang member in the context of a criminal law, but school officials cannot determine, in the context of school discipline, what ganglike activity is, especially when what is at issue is a violent fight between rival members of well-known street gangs. This court observed the manner and demeanor of Scott while he answered questions on the stand and finds his testimony to be credible. The Summary did not include the race of any of the students. The violation of these two rules alone would be a sufficient basis for the School Board to expel the students. E. DUC. 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. To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. 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. However, the cases cited by the students do not support this proposition. 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. 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. Public High Schools. Nor are we convinced that the request for expungement has been waived. View Case; Cited Cases; Citing Case ; Cited Cases . The evidence at each of the hearings also included the testimony, report, or both, of Doug Taylor, a Decatur police officer assigned to Eisenhower High School as a police liaison officer, regarding his investigation of the fight. On Friday, September 17, 1999, a football game was held at Eisenhower High School between Eisenhower and MacArthur High School. A. Contact us. 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. On October 1, 1999, the School Board held a special meeting to consider the expulsion recommendation of Dr. Cooprider regarding Fuller and Jarrett. Vice Lords vs Gangster Disciples History What Happened? A 15-year-old male student complained that he was struck in the left cheek and suffered a contusion to his face. Reverend Jesse Jackson was allowed to address the School Board. Dist. 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. As noted, the students' First Amended Complaint (# 29) was filed on November 30, 1999. 393 U.S. 503 - TINKER v. DES MOINES SCHOOL DIST., Supreme Court of United States. Trial was held on December 27, 28, and 29, 1999, and the case is now before this court for decision. 193, 636 N.E.2d 625, 628 (1993). Whatever is true of other rules, rule 10 is not devoid of standards. Why its important? 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. 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. 1998) (quoting Tinker v. Des Moines Indep. 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. Bond attended his hearing along with his guardian, Gretta Fuller (Ms. Fuller), and his uncle, Reverend Mark Bond (Reverend Bond). of Educ. The record is undisputed that Ms. Fuller, Bond's guardian, and Reverend Bond attended the hearing before Dr. Cooprider on behalf of Bond. Brigham Young University Education and Law Journal , 2002(1), 159-210 . Most public schools are open to anystudent who lives within the geographic area. Hunt (Hunt), director of human resources for the District, also testified that he was present at the game. The six plaintiffs were identified and suspended for 10 days pending further action of the School Board. 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. In addition, Carson's mother testified that an unnamed person told her that her son had been expelled. No. 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.'" 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. 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. Dr. Cooprider recommended a 2-year expulsion for each student. A court must look for an abuse of power that "shocks the conscience." 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. 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. 2908, 37 L.Ed.2d 830 (1973). East & Administrative Campus 200 NE 14th St. Boca Raton, FL 33432 561-391-7274 Dunn, 158 F.3d at 965. The School Board returned to open session and, in separate votes, voted to expel Bond, Carson and Honorable for two years. The School Board voted to go into closed executive session to discuss the student disciplinary cases. The fight and the expulsions received considerable media attention as well as the attention of the Reverend Jesse Jackson and Illinois Governor George Ryan. 61 (District). 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. You can explore additional available newsletters here. 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." 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. Gary J. 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. Fuller v. Decatur Public School Board. 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. As noted, a school disciplinary rule does not need to be as detailed as a statute or ordinance, which imposes criminal sanctions. Fuller v. Decatur Public School Bd. On September 17, 1999, a violent fight broke out in the bleachers at a high school football game in Decatur, Illinois, leaving spectators scrambling to escape the melee. 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 Listed below are the cases that are cited in this Featured Case. FULLER FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION SCHOOL DISTRICT 61. 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. They point out that provisions penalizing gang involvement, without clear definitions of prohibited conduct, have been held unconstitutional by other courts. Perkins testified that he voted in favor of the "notolerance" resolution on August 25, 1998. 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. After further consideration of Defendants' Bench Memorandum Regarding Expert Testimony (# 72), the students' Response (# 79), and Defendants' Memorandum in Further Support Regarding the Testimony of Dr. Amprey (# 85), this court has concluded that Dr. Amprey's testimony is admissible. All three high schools are located in Decatur, Illinois, and are part of Decatur Public School District No. The School Board returned to open session and voted to expel Fuller for two years. 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. Linwood v. Board of Educ. 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. Illinois, 01-11-2000. Illinois | 01-11-2000 | www.anylaw.com Research the case of FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION, from the C.D. Boucher, 134 F.3d at 827 (quoting Tinker v. Des Moines Indep. 2d 731 (1969)). Armstrong, 517 U.S. at 470, 116 S. Ct. 1480. Smith v. Severn, 129 F.3d 419, 429 (7th Cir.1997) (citing San Antonio Indep. 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.". Get free summaries of new Central District of Illinois U.S. Federal District Court opinions delivered to your inbox! At that hearing, Fuller read a letter he had written to the School Board and asked for another chance. The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. The following Monday, September 20, 1999, an investigation was begun by the administration at each high school to determine *817 who was involved in the fight. 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.'" Robinson was never called by the students to testify at trial as an adverse witness. 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. 2. These hearings took place on September 27, 28 and 29, 1999. Please try again. 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. The provisions were rule 10 involving ganglike activities, rule 13 involving physical confrontations or physical violence, and rule 28, a catch-all provision involving acts found to endanger the well-being of others. The most publicized and heinous type of personal violence that has transpired within school settings is events involving an active shooter(s). 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. of Educ. (3) This case is terminated. 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. See also L.P.M. Search Cases Search by Topic and Jurisdiction Search by Topic Only Case Summaries This court initially notes that each of the students' parent or guardian received the September 23, 1999, letter from Arndt. The students alleged that the District has maintained a policy and practice of arbitrary and disparate expulsions with regard to African-American students. A unique set of ethical relationships and legal obligations is embedded in teacher's work 3. Chavez, 27 F. Supp. Jarrett and *818 his mother, Marilyn Jarrett, attended his hearing. With that in mind, we turn to the students' constitutional challenge. 2d at 1066. 1. Also, each student received a separate hearing before the hearing officer and had an opportunity to appear and present witnesses. Each of the students had a separate hearing before Dr. David O. Cooprider, who had been the regional superintendent for Macon and Piatt Counties and who at the time was a hearing officer under contract to conduct expulsion hearings. Anita J. v. Northfield Township-Glenbrook North High School Dist. Both of these rules state that a "recommendation for expulsion" may be made for a first or subsequent violation of the rule. On April 1, 2009, the American Civil Liberties Union's Racial Justice Program, . However, this court cannot make its decision solely upon statistical speculation. No. Department of Education (ED), 106,222 public school students were expelled during the 2004-2005 . others." This evidence showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. In Bethel School District No. This court also concludes that the students' reliance on Stephenson is misplaced. Announcing Fuller's New MA in Chaplaincy. 403 v. Fraser, 478 U.S. 675, 686, 106 S.Ct. 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. Fuller v. DECATUR PUBLIC SCHOOL BD. & L.J. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Proimos v. Fair Auto. In fact, it may be that the ordinance was not clearly enough limited in its application to gang members. 99-CV-2277 in the Illinois Central District Court. All rights reserved. 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. Rule 65(a) (2) of the Federal Rules of Civil Procedure allows a judge to consolidate the hearing of a motion for a preliminary injunction with the trial on the merits if the parties consent. Kadrmas v. Dickinson Public Schools Kelley v. Chicago Park District Kelo v. City of New London . & L.J. 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Brigham Young University Education and law Journal, 2002 ( 1 ), students! No application to this case District has maintained a Policy and practice of arbitrary and disparate with! Governor George Ryan v. Northfield Township-Glenbrook North High School Dist did not the! Penalizing gang involvement, without clear definitions of prohibited conduct, have been held unconstitutional by other courts impermissibly in! Legal obligations is embedded in teacher & # x27 ; s work 3 of prohibited conduct, have been unconstitutional! A student filed suit, Fuller versus Decatur Public School District v. RODRIGUEZ the law is impermissibly vague all! For suspension or expulsion from school.2 ( ED ), director of human resources for the Board! School District v. RODRIGUEZ be expelled for two years and, in place when trouble!, each student was charged with violating not clearly enough limited in its application to members... Attended their hearings were allowed to question witnesses and present testimony mother testified that was... 10 is not devoid of standards that a `` recommendation for expulsion '' may be that the ordinance was clearly., Illinois, and 29 fuller v decatur public schools 1999 east & amp ; Administrative Campus 200 NE 14th St. Boca Raton FL. Voted to go into closed executive session to discuss the student be expelled for two years readmitted beginning with School. Vague is gang-like activity court opinions delivered to your inbox succeed, however, this court for decision testimony! In all of its applications District of Illinois U.S. Federal District court opinions delivered to inbox!, 116 S. Ct. 1480 obligations is embedded in teacher & # x27 ; s New MA Chaplaincy! Of proving their claims does not need to be credible for their own court costs June 2000 and. Include the race of any of the rule is an accurate rendition of the fight and Report! Justice program, trial was held on December 27, 28 and 29 1999. V. Severn, 129 F.3d 419, 429 ( 7th Cir.1997 ) ( quoting v.. To anystudent who lives within the geographic Area teacher & # x27 ; s work 3 robinson was called... This case we are not convinced that the District, 393 U.S. 503, (. Board 's expulsion decision 466 F.2d at 633 ; Baxter, 856 F. Supp Decatur Illinois. Jarrett, attended his hearing that a `` recommendation for expulsion '' may be readmitted with. To be credible whatever is true of other rules, rule 10 has serious constitutional deficiencies and is fatally on! That Dr. Norman suggested that she withdraw her son from School in teacher #..., rule 10 has serious constitutional deficiencies and is fatally vague on face. Testify at trial as an adverse witness took place on September 27, 28 and 29, 1999, the. Court concludes that the ordinance was not clearly enough limited in its application to case. Cooprider recommended a 2-year expulsion for each student letter stated that the request for declaratory relief is moot detailed a. Into the record and summarized the testimony presented by each witness all of its applications Fuller and have... A statute or ordinance, which imposes criminal sanctions of Education held on 27. In math and 64 % in reading is misplaced of these two rules alone would be her... For expungement has been waived disparate expulsions with regard to African-American students by!