San Diego Parents Challenge
Busing of Their Children,
in Carlin v. Board of Education,
as Real Parties In Interest,
Entitled to Intervene

student intervenors, by improper state action;

— under Title VI of the Civil Rights Act of 1964, for subjecting both parent and student intervenors to discrimination on the ground of race under a program and activity receiving federal financial assistance.
 

Groundswell Parents Meet First Challenge
by Gaining Standing
to Oppose Busing as Intervenors

On December 12, 1980, at a spirited hearing in a courtroom filled by Groundswell supporters, their motion to intervene was granted, over objections by both the Carlin Class and the Board, and was formalized December 15. The attendance at this hearing by the now-Intervenors was followed by their next exercising the right of petition under the First Amendment.

In furtherance of establishing their role in the case as “persons,” separate petitions were prepared for those (1) students, (2) taxpayers-voters, and (3) taxpayers-parents, residing in the District who objected to the proposed mandatory student assignments as a violation of their respective rights. Those rights had been asserted in the intervening complaint as noted above, and the petitions were drafted to fit the category of the persons signing them, such as this one for students:

“I, the undersigned student, residing in the San Diego Unified School District, respectfully object to school authorities making me, because of my race, go away from my neighborhood public school location to classes, without my consent and the consent of my parent(s), as a violation of my rights.” [See exemplar in Busing — Opposed, p. 142.]

District students signed 1,856 of the total of about 5,983 petitions presented by the Groundswell president to the Board on March 3, 1981, of which exemplars in each category were later made a part of the record in the Carlin case. Id., app.V.

In the meantime, on December 22, 1980 (seven days after this intervention) the California Court of Appeal reversed the Crawford Superior Court, finding that the trial court's 1970 findings did not support
 

Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 

Crawford II 

Crawford v. Board of Education, 113 Cal.App.3d 633 (1980)
Los Angeles, California
 

— Handbook: Challenge One, pages 23 - 31 —