Website. denied, 409 U.S. 1027, 93 S. Ct. 475, 34 L. Ed. Perkins said he did not "spend a lot of time thinking about resolutions." 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. Copyright 2023, Thomson Reuters. Cf. This court observed the manner and demeanor of Scott while he answered questions on the stand and finds his testimony to be credible. at 1857. This court observed from the video-tape presented at trial that the fight involved many individuals raising havoc in the midst of a captive audience of football fans, which included parents, grandparents, teachers and children. In addition, Carson's mother testified that an unnamed person told her that her son had been expelled. The School Board agreed to allow Howell to withdraw. Defendants note that the School Board took no action against Howell as he voluntarily withdrew from school. He also concluded that each of the six students was a significant participant in the September 17, 1999, incident. 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. Teachers' Responsibilities are (3) 1. 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. Boehm said the fight started on the north end of the bleachers and traveled all the way to the south end. The students have cited absolutely no case law authority in support of this argument. 159; Anthony J. DeMarco, . 1972), cert. On October 4, 1999, the School Board held a special meeting to consider Dr. Cooprider's expulsion recommendation regarding Howell, Bond, Carson and Honorable. Utilizing Sykes' "pains of imprisonment" to examine deprivations in America's public schools. Tinker v. Des Moines (1969) . v. Chesapeake Public Schools 74 Bundick v. Bay City Independent School District . First, laws that inhibit the exercise of First Amendment rights can be invalidated under the overbreadth doctrine. The evidence showed that the parent or guardian of each of the students received this letter prior to the hearing. 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 Morales,527 U.S. 41, 119 S. Ct. 1849, 1863, 144 L. Ed. See Plummer, 97 F.3d at 230. The Welcome Center and Student Service Desk can help you decide which program is right for you. Announcing Fuller's New MA in Chaplaincy. They sought an order reinstating them to school and a declaration that the rule 10 prohibition on gang-like activities is void. ", Third, this court concludes that the students completely failed to establish that the School Board had a "zero tolerance policy." Public School Type. ", From the testimony presented at trial, including the testimony of Dr. Amprey and School Board member Perkins, the court finds nothing in the record indicating that the August 25, 1998, resolution constituted a "zero tolerance policy.". 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. Wood by and through Wood v. Henry County Public Schools 72 Jordan ex rel. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. Ms. Howell testified that Scott told her that her son was being expelled. Obviously, from this evidence, Dr. Cooprider and the School Board could clearly find that the students involved violated the prohibition against "gang-like activity." *825 Further, this court notes that both Perkins and Terry Robinson (Robinson) attended the November 8, 1999, School Board meeting. The evidence showed that each of the students was an active participant in the fight. 743, 503 N.E.2d 300, 303 (1986). In the litigation that followed in Fuller v Decatur Public School Board of Education, 2 the students contended that the board had violated their constitutional rights by . of City of Peoria, School Dist. 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. 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 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. Sign up for our free summaries and get the latest delivered directly to you. 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.'" Accordingly, this court concludes that the students' procedural due process rights were not violated. This court agrees. The letter also stated that the administration was recommending that the student be expelled for two 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. 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). 1 Kim v. Richard ix. Loading. To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. Illinois | 01-11-2000 | www.anylaw.com Research the case of FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION, from the C.D. Robinson was never called by the students to testify at trial as an adverse witness. Fuller and his mother, Ms. Fuller, were present at the hearing and were allowed to address the School Board in closed session. 1186. Please prove that you're human. The principals of the respective high schools each recommended that the students be expelled for 2 years. 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. 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. Bd. 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. This case gave public school officials the authority to suspend students for speech considered to be lewd or indecent. No one appeared to speak on behalf of Carson or Honorable. Arndt also testified that the other students will be allowed to re-enroll in their regular high schools at the end of the 1999-2000 school year. An enactment imposing criminal sanctions demands more definiteness than one which regulates economic behavior, Hoffman Estates, or as is relevant in our case, one which regulates the conduct of students in the school setting. 1983. The students have also alleged racial discrimination and a violation of their equal protection rights. 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. FULLER FULLER v. DECATUR PUBLIC SCHOOL BOARD OF EDUCATION SCHOOL DISTRICT 61. It makes the rule somewhat confusing, but it does not affect our analysis. 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. Perkins candidly admitted that he could not testify that race was "an issue in the decision to expel" the students in this case. Moreover, Dr. Amprey, the students' expert witness, testified that he reviewed the documents related to the discipline of these students prior to trial. Fuller v. DECATUR PUBLIC SCHOOL BD. Both Ed Boehm (Boehm), principal at MacArthur, and Walter Scott (Scott), principal at Eisenhower, were present at the game. Fuller and Howell have now graduated from high school. Vice Lords vs Gangster Disciples History What Happened? United States District Court, C.D. 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. Moreover, during trial, Arndt testified that two of the students who are seniors and need only a few credits to graduate may graduate with their class if they complete the necessary credits in the alternative education program. 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. It delineates specific activities which are covered by the rule: recruiting students for membership in a gang, threatening or intimidating other students to commit acts or omissions against their will in furtherance of the purpose of the gang. game (Fuller ex rel. The Illinois Supreme Court found that the ordinance was unconstitutionally vague, and the United States Supreme Court agreed and affirmed. Howell then was allowed to appear before the School Board with his mother, Ms. Howell, and Dr. Jeanelle Norman (Dr. Norman). At each hearing, a document was introduced into evidence which showed that each student had signed a form stating that he received a copy of the Discipline Policy. Chavez v. Illinois State Police,27 F. Supp. 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. However, the cases cited by the students do not support this proposition. The length of these expulsions ranged from a period to five months to a period of one year, three months. This court reemphasizes the fact that the statistics presented at trial were created pursuant to this court's order. These gangs are well-known in the Seventh Circuit, as many of our opinions, see United States v. Hoover, 246 F.3d 1054 (7th Cir.2001) (The Gangster Disciples, a large and vicious street gang), and Goka v. Bobbitt, 862 F.2d 646 (7th Cir.1988) (The Notorious Vice Lords), for example, discuss their activities. Perkins was questioned about the School Board's decision in this case and said that he could not testify that race was "an issue in the decision to expel. A copy of these provisions was attached to each letter. The School Board discussed that, because of the action of Governor Ryan, the students would have the opportunity to attend an alternative education program immediately. Further, each student had a hearing before the School Board and had the opportunity to address the School Board. 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. The decision of the district court is Affirmed. Further, Jeffrey Perkins, one of the African American members of the School Board, was called as a witness by the students. Two persons from the Rainbow/PUSH Coalition were allowed to address the Board during the closed session. The School Board returned to open session and, in separate votes, voted to expel Bond, Carson and Honorable for two years. In Goss v. Lopez,419 U.S. 565, 574, 95 S. Ct. 729, 42 L. Ed. Is the rule unconstitutional as applied to these students? Dr. Cooprider was the Regional Superintendent for Macon and Piatt Counties until April 1999. That evening, the School Board had a special emergency meeting to reconsider the length of the expulsion imposed on the students. It showed participants punching and kicking each other without concern for the safety of others in the stands. Scott attempted to stop the students, and one of the students involved in this action pushed Scott and left the area. Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. Teachers carry a special ethical and legal burden Power arises from We begin and end our discussion with Hegwood's as-applied challenge. No. 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." 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