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11:32 PM ET 01/11/00

Judge Upholds Decatur Expulsions

 By JAY HUGHES=
Associated Press Writer=
           DECATUR, Ill. (AP) _ A federal judge ruled Tuesday that the
Decatur school board was within its rights to oust six black
students from school for fighting at a football game.
           The ruling was a blow to the Rev. Jesse Jackson and his
crusade
against ``zero tolerance'' anti-violence policies in schools.
           U.S. District Judge Michael McCuskey dismissed the students'
claims that the Decatur school board treated them unjustly because
they are black and violated their right to a fair hearing. McCuskey
issued his ruling from Urbana, where he heard three days of
testimony last month.
           Jackson, whose Rainbow/PUSH Coalition filed the lawsuit on
the
students' behalf, said he would appeal.
           ``The court offered no relief for these youth and showed no
mercy for getting them back in school,'' Jackson said during a news
conference with the students and their parents at his group's
Chicago headquarters.
           Jackson also said he planned two rallies in Decatur _ one
Saturday night, Martin Luther King Jr.'s birthday, and another Jan.
24 in protest of the decision. He also said he had scheduled a
conference Jan. 25 in Springfield on ``zero tolerance'' policies.
           The lawsuit was filed by five of the students who were
expelled
following the Sept. 17 fist fight in the stands at a football game,
and one who withdrew rather than face expulsion. A sixth expelled
student was not involved in the lawsuit.
           The teens initially were expelled for a maximum of two years.
After intervention by Jackson and Gov. George Ryan, the school
board reduced the expulsions to one year and agreed to allow all
six teens to attend alternative schools that are not a part of the
district.
           McCuskey struck down the students' case point by point,
noting
their actions threatened the safety of the community. The fight
cleared the visitors' bleachers at the game but caused no serious
injuries.
           ``In short, this court is not impressed with the students'
position that because no knives or guns were used in the melee that
it was not a significant fight,'' McCuskey wrote.
           School board officials said they were relieved at the
decision
and hoped it could put to rest the racial tension that has built in
the blue-collar central Illinois town.
           ``There's a tremendous amount of healing that has to take
place
in the community. This has been very divisive,'' said Decatur
Superintendent Kenneth Arndt.
           During protests in Decatur late last year, Jackson claimed
the
expulsions were not a racial issue. But in the lawsuit, the
students argued the school district disproportionately expelled
black students and disciplined them more harshly than white
students.
           Tom Kelty, an attorney for the school board, said the
decision
sends the correct message about who determines school policy.
           ``These rules are set at the local level, and it's not the
job
of the federal court _ or any other court _ to interfere with these
rules,'' Kelty said.

http://www.infobeat.com/stories/cgi/story.cgi?id=2563211203-e9f

Bard

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