Johnson v. San Francisco Unified School District

500 F.2d 349 (9th Cir. 1974)

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Nature of the Case

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Facts

Ps were the parents of black children attending public elementary schools in D. They seek desegregation of those schools. Ps contend that acts of de jure segregation have been committed by d with the result that the responsibility fell upon D to desegregate the school system. The district court ruled in favor of Ps on this issue and called upon the parties to submit plans for accomplishing desegregation. Two plans were submitted, one by Ps and one by Ds. Both plans provided for the balancing not only of blacks and whites but of Chinese-Americans and other ethnic groups as well. C, the parents of children of Chinese ancestry attending public elementary schools in D, sought leave to intervene. C sought an order shortening time for service of the moving papers so that their application might be ruled upon in time for them to participate in those hearings. The district court refused and the hearings were held without their participation. The district court denied their application to intervene because it was untimely and would unreasonably delay and prejudice the rights of Ps and D. The court approved both plans. C appealed. Cs oppose the compulsory reassignment of students to schools outside the area in which they reside. Cs contend that such reassignment will make it impossible for their children to attend community schools offering education in Chinese language, art, culture, and history. Cs contend, on constitutional and equitable grounds, that they are not properly bound by the court's decree, or that, if they are so bound, they are entitled to participate in the fashioning of that decree.