Parental Handbook
for Local Control of Education  /  Challenge Two
  
40

San Diego Parents Challenge
Busing of Their Children,
in Carlin v. Board of Education,
as Intervenors in this Class Action

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THE COURT: All right, sir. Thank you very much. Thank you, Mr. Enstrom. And thank you for being patient. Thank your clients for being patient, also.
MR. ENSTROM: Thank you.

On September 8, 1981, the Carlin Judge filed his Order Re: Integration Plan 1981-1982 without mandating reassignment of students. This was the distinguished trial judge's last act in this case, from which he resigned, to be followed by two similarly respected judges before it concluded.
 

Court Jurisdiction Ends in Los Angeles Crawford case, but continues in San Diego Carlin case

Earlier in 1981, following the denial of review of Crawford II by the California high court, the Los Angeles Board directed that mandatory student assignments be ended there. On April 20, 1981, approximately 7,000 pupils took the option to return to their neighborhood schools, of whom 4,300 were minority students. Crawford III, supra, 458 U.S. at 534, Fn.10. That board followed that action by efforts to end judicial jurisdiction over the Los Angeles District.

On September 10, 1981, the newly-presiding Los Angeles Superior Court judge terminated jurisdiction in the Crawford case by approval of a voluntary integration plan and discharge of the writ of mandate, with these words:

... Judicial intervention is no longer appropriate. The people, who are the ultimate authority, must look to the School Board, as their elected representatives, to continue to discharge its duty under the law.

Five days later on September 15, relying strongly upon the Los Angeles precedent, the San Diego Board moved to similarly terminate the Carlin case. The next day, on September 16, the Groundswell Intervenors also so moved, adding the grounds that it would restrain the Carlin Plaintiffs (1) from seeking court-ordered busing in violation of Proposition 1, and (2) from seeking to racially discriminate against Groundswell students by state-imposed busing in violation of the 14th Amendment. Next
 


Carlin  

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
 

Crawford III 

Crawford v. Los Angeles Board of Education, 458 U.S. 527 (1982)
Los Angeles, California
 

         

Handbook: Challenge Two, pages 33 - 43 —

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Parental Handbook
For Parents Dedicated to Local Control
of Public Education of Children
According to the Constitution
by Elmer Enstrom, Jr.
Contents
Challenges of the 30-year Carlin affirmative action lawsuit:
an exemplar of citizens reasserting Constitutional rights.
  
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