That evening the School Board held an emergency meeting. Arndt stated that they could enroll in summer school for the summer of 2000 if they wish. Dr. Cooprider prepared a Hearing Officer's Report regarding each of the students. The purpose of the meeting was to discuss the expulsions of the students. The students brought their First Amended Complaint pursuant to 42 U.S.C. 2d 67 (1999), the students contend that Rule 10 has serious constitutional deficiencies and is fatally vague on its face. Accordingly, Dr. Amprey's testimony has been considered by this court and was found to be candid and truthful. 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. In determining whether the students have succeeded on the merits of their claims, this court is mindful that, as Plaintiffs, the students bear the burden of proving their claims. A videotape taken by a spectator seated in the west bleachers was admitted into evidence. No. The School Board voted to go into closed executive session to discuss the student disciplinary cases. At that hearing, Fuller read a letter he had written to the School Board and asked for another chance. Courts reached mixed results when students had knives in schools . Nevertheless unsatisfied, some of the students, by their parents, brought this action pursuant to 42 U.S.C. Because of the fight, the spectators in the east bleachers were scrambling to get away. The School Board then went into closed executive session. Vague As-Applied to The Nasty Habit. Email | Print | Comments (0) No. of Educ. Because the right to an education is not a fundamental constitutional right, this court reviews the School Board's action to determine if it is an "exercise of governmental power without any reasonable justification." Bd. [1] As *828 a result, the students cannot complain that Rule 10 may be vague as applied to others. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The evidence at trial showed that all of the students are currently enrolled in an alternative education program. 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. Again, the court agrees. 260, 206 F.3d 1358 (10th Cir.2000), goes primarily to speech-related activities. See Armstrong, 517 U.S. at 465, 116 S. Ct. 1480; Chavez, 27 F. Supp. This court reemphasizes the fact that the statistics presented at trial were created pursuant to this court's order. We believe all students, whatever their circumstances or abilities, deserve the best education possible. Most importantly, Perkins testified that he did not recall any discussion by the School Board about the resolution during any expulsion hearing. Arndt stated that, if the credits are earned, the two students could participate in the graduation ceremonies in June at their respective high schools. Hunt also testified that he attempted to let her know that because of "the seriousness of the situation she needed to be there." Perkins said he did not "spend a lot of time thinking about resolutions." of Educ. 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. Each letter stated that the final decision on expulsion would be made by the School Board. Moreover, the "right to an education [is] not guaranteed, either explicitly or implicitly, by the Constitution, and therefore could not constitute a fundamental right." Defendants note that the School Board took no action against Howell as he voluntarily withdrew from school. However, at the students' request, this court ordered Arndt to review school records and, by any means available, to determine the race of each expelled student listed on the Summary. Perkins stated that "clearly there was evidence to support physical confrontation in this situation" and that the students were eligible for expulsion under the Discipline Policy of the School Board. A court must look for an abuse of power that "shocks the conscience." Public K-8 Schools. The evidence presented before the hearing officer showed that an incident occurred on September 3, 1999, between two members of rival gangs, the Vice Lords and the Gangster Disciples. Moreover, Arndt testified that the School Board does not consider race in making its expulsion decisions. Morales, 119 S. Ct. at 1863 (quoting City of Chicago v. Morales, 177 Ill. 2d 440, 227 Ill.Dec. 1972), cert. Critical Criminology, Volume . Fuller Elementary located in Raleigh, North Carolina - NC. By thoroughly completing these procedural steps, the School Board has sufficiently complied with the procedural due process requirements of the law. Accordingly, the claim in Armstrong failed because the "study failed to identify individuals who were not black and could have been prosecuted for the offenses for which respondents were charged, but were not so prosecuted." 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 ex rel. Linwood, 463 F.2d at 770. 2d 16 (1973)); see also Dunn v. Fairfield Community High School Dist. In Bethel School District No. Here, unlike the situation in Stephenson, the evidence presented before Dr. Cooprider and the School Board showed that the students engaged in conduct that was clearly proscribed by Rule 10. The videotape also showed that spectators in the bleachers were scrambling to get away from the fight. All rights reserved. 743, 503 N.E.2d 300, 303 (1986). Accord Boucher v. 99 Citing Cases 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. That is incorrect. 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. *825 Further, this court notes that both Perkins and Terry Robinson (Robinson) attended the November 8, 1999, School Board meeting. Page Korematsu v. United States 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. Woodis, 160 F.3d at 438-39. 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. Perkins' testimony was both candid and credible. This site is protected by reCAPTCHA and the Google, Central District of Illinois U.S. Federal District Court. 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. 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. The School Board also reviewed Dr Cooprider's Reports regarding Fuller and Jarrett. Tinker v. Des Moines (1969) . These bystanders included six students at MacArthur High School and one adult. Issues: Laws: Cases: Pro: 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. After the fight ended, Boehm and Hunt were following three students suspected of being involved in the fight. Howell attended his hearing along with his mother, Cynthia Howell (Ms. Howell), and Theresa Gray of the NAACP. He testified that a resolution such as this does not have the same impetus or force as a policy. Smith v. Severn, 129 F.3d 419, 429 (7th Cir.1997) (citing San Antonio Indep. 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. A copy of these provisions was attached to each letter. The Summary did not include the race of any of the students. As a consequence, no testimony was presented by either African American member of the School Board that the School Board's decision was racially motivated. Repair, Inc., 808 F.2d 1273, 1277-78 (7th Cir.1987). Each letter also provided notice that two hearings were scheduled, one before the hearing officer and one before the School Board. 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. 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. Date: 05-24-2001 Case Style: Fuller v. Decatur Public School Board. Accordingly, a challenge to a school disciplinary policy fails unless the policy is "wholly arbitrary." Due process requires an opportunity to be heard in a meaningful manner. In addition to identifying the various types of. Obviously, from this evidence, Dr. Cooprider and the School Board could clearly find that the students involved violated the prohibition against "gang-like activity." 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. Similarly, the rule in another case the students cite, West v. Derby Unified School District No. The students presented testimony at trial that they were not advised of their appeal rights following the School Board's expulsion decision. Please prove that you're human. Robinson was never called by the students to testify at trial as an adverse witness. Overnight, Arndt complied with the court's order and added the race of each expelled student to the face of the document. These hearings took place on September 27, 28 and 29, 1999. Just because no weapons other than fists and feet were used by the students does not mean that innocent bystanders were not harmed, frightened and forced to flee the stands to avoid serious injury. The following facts are summarized based upon the testimony the court heard at trial and the joint exhibits which the parties stipulated into evidence. The length of these expulsions ranged from a period to five months to a period of one year, three months. 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. The court concluded that the regulation prohibiting gang symbols was constitutionally infirm because it failed to provide adequate notice of the prohibited conduct. Because of the intervention of Governor Ryan, the students were allowed to attend an alternative education program immediately. Also, the students claimed the School Board did not listen to the tape of the hearings before Dr. Cooprider, look at the exhibits presented to the hearing officer, or request evidence from the students' files prior to voting on the expulsions. *826 The evidence presented at trial does not support the students' claim. Accordingly, this court concludes that the students' procedural due process rights were not violated. The students assert that a "valid inference can be raised by large statistical disparities in racial situations including discipline that a given School District and/or School Board has discriminated intentionally." The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. For that reason, the court gave the students wide latitude to fully present their evidence at trial. 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. 2d 731 (1969)). This court has carefully considered each of the claims raised by the students in their First Amended Complaint. Fuller v. Decatur Public Sch. The students argue that the phrase gang-like activity is unconstitutionally vague on its face. 61 (District). Again the Board reviewed the videotape. On October 1, 1999, the School Board held a special meeting to consider the expulsion recommendation of Dr. Cooprider regarding Fuller and Jarrett. This court agrees. 150, 463 F.2d 763, 770 (7th Cir. Perkins also candidly testified that white students had been expelled for fighting. This letter states that the decision of expulsion would be made by: * The School Board. Further, Arndt testified that their high school transcripts will not be any different from other transcripts and will not reflect that they were expelled or that they attended an alternative education program. 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). Fuller, Honorable and Carson did not attend their hearings. On November 8, 1999, representatives of the School District met for 8 hours with representatives of the Rainbow/PUSH Coalition and Governor Ryan. & L.J. others." The videotape speaks volumes on this issue. The evidence showed that each of the students was an active participant in the fight. The problem for the students, however, is convincing us that their rights were, in fact, violated. In Boucher, the Seventh Circuit reversed an injunction granted by a district court which enjoined the school board from enforcing a one-year expulsion. 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. 130, 687 N.E.2d 53, 64 (1997)). The School Board returned to open session and voted to expel Fuller for two years. He voluntarily withdrew from School to provide adequate notice of the prohibited conduct | Print | Comments ( 0 No. Of expulsion would be made by: * the School Board and asked for another chance, this reemphasizes! V. Fairfield Community High School and one before the hearing Officer 's Report each. Statistics presented at trial three students suspected of being involved in the east bleachers scrambling! 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