DECATUR, Ill. (WAND) — In February 2023, Decatur Public Schools established a "no tolerance" rule in order to curb the increasing number of fights. A DPS spokesperson confirmed that as a result, in the 2023-2024 school year, Decatur Public Schools expelled 42 students.
When a student is expelled in the state of Illinois, they can either be expelled with a stay or without a stay. “Ultimately, the Board of Education makes the final vote." explained Eldon Conn, Decatur Public School's Director of Student Services. "If they vote to expel a student with a stay, that means that we're going to provide them with an education. In other words, we're going to take on the -- the cost, the burden, etcetera.” However, when a student is expelled without a stay, they face an entirely different situation. “When a student's expelled with no stay, the district does not have an obligation to provide an education. And legally, once we make that that decision, we can't.”
A spokesperson released the following statement to WAND News in regard to their "no tolerance" rule:
"Our district will recommend disciplinary action to the Board of Education for any student behavior that threatens the safety of our students and staff, in accordance with our Student Code of Conduct and Parent Handbook.
Cartwheel services are offered to all DPS students, both current and expelled, including those expelled students with and without a stay."
“We're fortunate with our district." said Conn. "We have the DPS Foundation, and a private donor has set up a fund to help any families for students that are expelled with a stay who can't afford to do Acellus Online or Khan Academy or any of those other programs.” However, an application is required for the Foundation. If a student does not qualify -- or if a student is expelled without a stay -- they are left paying $349 a month for Acellus Online.
Out of the 42 students expelled in the 2023-2024 school year, 32 students were expelled without a stay and 10 were expelled with a stay.
In 2016, Illinois State Board of Education and the State of Illinois prohibited the use of "no tolerance" polices in efforts to decrease the amount of exclusionary discipline used in schools. State law also requires that all available alternative interventions be exhausted before expulsion. However, there are some exceptions; if the district feels a student poses a threat or a distraction for students and staff, they can be expelled.
On September 27, Ashley Garner got a call from Eisenhower High School, where her son Seveon was a sophomore student. She was told that Seveon was involved in a fight outside of school, and that he was suspended for 10 days.“I had to tell him, I'm like, you know, ‘you're -- you're suspended for ten days and you're looking at expulsion.’ And he's like, ‘what?’ Like, he didn't even think that it would go that far. We hung up and I got a text message. ‘Mom, I'm so sorry.’”
Garner explained that she felt that her son deserved the 10-day suspension, but that a recommendation for expulsion took her by surprise, considering her son had no disciplinary record for fights. “I do believe that the out of school suspension for ten days was by far enough, especially for the level of involvement that he was involved in this fight."
Garner immediately contacted her mother, Lisa Garner-Smith, to start preparing for Seveon's expulsion hearing. Garner said she tried everything she could to represent her son at his expulsion hearing. "What can I do to be able to support my son and be an advocate for him the proper way?" said Garner.
Lisa Garner-Smith accompanied her daughter and grandson to the hearing and had prepared multiple character witness speeches testifying for Seveon. “We went to this hearing and all these people were sitting here. They have legal representation, you know, and it's just me, Ashley, and Seveon.”explained Garner-Smith.
Ashley was thankful for her mother's support, and the support of Seveon's family members and former teachers. “If it had just been me, it would have been me against them. That's what it feels like. You and your child against all these people.”
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The fight that Seveon was involved in had more than three students involved. In accordance with Decatur Public School Student Code of Conduct and their Parent Handbook, DPS labels a fight involving more than three students as mob activity, which they qualify as "gross misconduct."
Even with their appeal to the School Board at his expulsion hearing and during public comment at a Board meeting, Seveon was still expelled from Decatur Public School District with a stay for education.“After we found out he was expelled with stay. I let him know.‘This one mistakewas magnified. You hold your head up.'" said Garner.
Seveon is just one of dozens of DPS students that have been expelled under the "no tolerance" rule. However, according to DPS expulsion hearing documents given to WAND by the family, Seveon had no disciplinary record for fights. 'I'm not saying that nothing should happen to these kids, but zero tolerance? And you've never been in trouble before? It's ridiculous. So, the punishment just doesn't fit.” Garner-Smith said.Since this fight was Seveon's first offense, no other alternative disciplinary interventions had been used. prior to expulsion.
“What about the ones that didn't get a stay? You know, juvenile is the pipeline to prison, and it's not fair... I'm not okay with that. So, what I cannot do is be quiet, and I'm not going to be quiet.” Garner-Smith said. "What happens to these kids? They get lost. They get lost in the system. They run in the streets.Theirparents have to work.Theirparentscan'tafford to pay for the--for the alternative...‘do I pay for him to havealternative,or do I put food on the table?’It'snot fair.It'sjust not fair.”Garner-Smith said.
Garner explained that beyond his two-year long expulsion, it would affect the rest of his life. “This follows him forever, right? So as far as trying to get school scholarships, if he wants to--you know--keep going with his career, education, then he can't even get the financial aid that he may need... regardless of‘witha stay,’it still stays on hisrecord and he still-- itstill follows him for thatone mistake.”Ashley said her and her mother were determined to set Seveon up for success.“We're just going to prepare for the future. I'm not going to let my son become a statistic because of this expulsion... As long as I have his back. It won't happen.” said Garner.
Seveon was offered a spot at Milligan Academy after a representative had seen his plea to the DPS School Board online.“They reached out to us andstatedthat they have seen his testimony online on YouTube, and he wasvery impressed. He said, youknow, 'ifhe is with stay, I want him here.'”Garner explainedwith a proud smile on her face.
When asked what she wanted for her grandson's future, Garner-Smith smiled with tears at the edges of her eyes."I just want himto--I want him to be great. I just want him to be great.”
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