San Diego Intervenors
Challenge Court Assignment of Pupils
in Carlin v. Board of Education
Toward Restoring Local Control
of San Diego Public Schools

KCMSD will be able to operate on its own.” 115 S.Ct. 2056, 132 L Ed 2d 89.

Finally, Intervenors asserted that the Supreme Court decided the issues in Jenkins in favor of Groundswell in reversing the Eighth Circuit:

On remand, the District Court must bear in mind that its end purpose is not only "to remedy the violation" to the extent practicable, but also "to restore state and local authorities to the control of a school system that is operating in compliance with the Constitution." Freeman supra, at 489. [emphasis added]
 

On December 15, 1995, the Court granted the Groundswell motion to terminate court jurisdiction and discharge the writ of mandate, and gave the parties six months to prepare for finalizing a final order at that time. The ruling was construed by Intervenors as one which would then approve a modified integration order, after input by counsel, and finally terminate jurisdiction by discharging the writ of mandate along the lines of the Crawford order.

However, by the time of the hearing on July 26, 1996 of the Final Order Terminating Court Jurisdiction, the Defendant School Board and Carlin Plaintiffs took the opposing position that the final order should continue court supervisory orders without discharging the writ of mandate.

Phase 5 of Liberate Public Schools details the exchange of views regarding the contents between the Groundswell Intervenors and those of the Defendant School Board and Carlin Plaintiffs, summarized as follows.
 

In their first memorandum on March 14, 1996, Groundswell Intervenors urged that the order to be presented re: the integration plan require that the plan meet current constitutional standards.

The first point was that Missouri v. Jenkins, coming after the motion
 

Crawford 

Crawford v. Board of Education of the City of Los Angeles,
Los Angeles Superior Court No. 822,854 (1963-1981)
Los Angeles, California
 

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
 

Jenkins 

Missouri v. Jenkins, 515 U.S. 70, 115 S. Ct. 2033 (1995)
Kansas City, Missouri
 

— Handbook: Challenge Four, pages 55 - 63 —