Debbie and Doreen Soria, by Their Father and Next Friend Roberto L. Soria v. Oxnard School District Board of Trustees

On July 21, 1971, the District Court approved a plan for desegregation of schools in the Oxnard, California, School District and ordered appellant school board to implement the plan. The plan entailed transfer and transportation of students and has now been in operation for the 1971-72 school year.

On August 11, 1971, the defendants noticed an appeal from the July 21, 1971, order of the District Court. This court, on December 29, 1971, denied defendants’ application for a stay pending appeal.

On July 1, 1972, the Education Amendments of 1972 became effective. P.L. 92-318, 86 Stat. 235 . On June 29, 1972, the school district petitioned this court for reconsideration or clarification of our order denying stay in light of § 803 of that Act. It is this petition that is now before us.

We decline to reconsider our denial of stay. As we construe § 803 it has no application to a case pending at the time of its effective date in which transportation of students pursuant to integration plan, is already in operation.

We begin with the general principle that a statute is presumed to apply only prospectively except where Congress has clearly and unambiguously indicated that the statute is…