Groundswell Intervenors Support
Challenge to Busing Order,
in Freeman v. Pitts, a Class Action,
to Restore Local Control of Student Assignment

conceded that after the black schools were closed the system was desegregated, and thus this case should go back to the district court so DCSS can prove that its faculty assignments meet the requirements of the plan.

On March 31, 1992, the Supreme Court reversed the judgment of the Court of Appeals overruling the district court's conclusion that DCSS had fulfilled its duties in the area of student assignment, and could relinquish supervision in that area as headnoted. (Freeman v. Pitts, 503 U.S. 467):

The Supreme Court, Justice Kennedy, held that district court has authority to relinquish supervision and control over school district in incremental stages before full compliance has been achieved in every area of school operation.
 

Groundswell Intervenors File Amici Curiae Brief Supporting DeKalb County School System Petition to Uphold District Court's End of Judicial Supervision Over Student Assignment

As noted earlier, an Amici Curiae brief was filed in support of the petitioners Freeman, et al. (DCSS), by the Groundswell Intervenors. They alleged “a strong interest in seeing that a busing order based what is at most de facto ‘segregation' is not issued, which could be used as a precedent elsewhere to racially reassign voiceless students after they have been able to attend their neighborhood schools for years.”

This unique brief derived from the concern of Groundswell Intervenors toward the Eleventh Circuit's reversal of a “district court's conclusion that the DCSS had fulfilled its duty in the area of student assignment....” The Eleventh Circuit then ordered the district judge to “require the DCSS to prepare and file a plan in accordance with (its) opinion with the shortest reasonable time.” 887 F.2d at 1450.

As previously noted, the Circuit opinion included this provision:

... The DCSS and the district court must consider busing — regardless of whether plaintiffs support such a proposal. The DCSS's neighborhood plan is not inviolable.... Id. at 1450.
 

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

Freeman 

Freeman v. Pitts, 503 U.S. 467, 112 S.Ct. 1430 (1992)
DeKalb County School System (DCSS),
DeKalb County, Georgia
Enstrom: filed amici curiae brief
 

— Handbook: Challenge Three, pages 45 - 54 —