presented to the Board by me on September 13, 1994, objecting to the assignment of students solely on the basis of race, as being unconstitutional and not taking into account the individual educational needs of the students so assigned. Also served on the Board, and filed with the Court on October 21, 1994, were similarly-objecting petitions with 16 additional signatories, two copies being attached as an exemplars of petitions on file with the Board.

The Board has encouraged written comment from everyone on its integration program which will be reviewed by the Board and “may be incorporated into the district report.”

Accordingly, it is respectfully requested that these petitions by 63 constituents, along with my presentations, be reviewed and fairly reported upon in any district report which is issued; and further that any report issued be served in a timely fashion upon Groundswell's attorney, Elmer Enstrom, Jr., P.O. Box 723, Julian, California 92036.

Our objections were not fairly treated.

In the first place, I did not see any “district report” until I received a copy of a declaration, mailed to me on July 12, 1996 by the Board's attorneys with memoranda “in Opposition to Intervenors' Memoranda re: Final Order and in Support of School District's Proposed Final Order.” The declaration by the Assistant Superintendent for School Services, Area III and Integration and School Choice failed to mention the opposition petitions by 63 constituents to the Board referred to by Mr. Lester:

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9. In anticipation of the Court hearing regarding the final order, the Board of Education conducted two public hearings regarding the proposed final order. The Board advertised hearings as an opportunity for the public to comment on the District's integration program. These public hearings were on May 23 and May 30, 1996.

10. At the public hearing on May 23, 1996, 25 members of the public addressed the Board. Of these 25 speakers, 22 were in favor of the integration program continuing and three were in opposition. At the public hearing on May 30, 1966, 56 members