San Diegans Challenge Perpetual
Court Assignment of Pupils,
Emanating from Carlin v. Board of Education,
To Restore Local Control
According to the Constitution

On August 22, 1997 Groundswell motions were heard, supported by a separate brief by Amicus Senator Kopp, who was a sponsor of Proposition 209. There were two basic points, after emphasizing the recent upholding of Proposition 209 by the Ninth Circuit Panel.

First, that the Court should order the Board to modify its integration plan to bring it into constitutional compliance with current law and facts by ending (a) mandatory racial ratios and (b) racial boundary gerrymandering to racially balance classrooms and schools.

Second, that the Court should restore to the people jurisdiction over a constitutionally-operated system as required by federal decisional law, reciting Dowell and Freeman.

The Board reiterated its earlier opposition, as did Plaintiffs. Both stressed that the constitutionality of Proposition 209 was still at issue, and that even if it was upheld there was a specific exception for preexisting court orders.

The Judge, after argument, denied Intervenors' request to order modifications in the existing final order, but conditionally advanced the termination of jurisdiction date from January 1, 2000 to July 1, 1998 provided Proposition 209 was upheld by then by the Supreme Court. On September 5, 1997, the Order Modifying Final Order Terminating Court Jurisdiction was filed, making just that one change in the Final Order. Proposition 209 was upheld by the Supreme Court on November 3, 1997.
 

Board Unsuccessfully Petitions the California Fourth District Court of Appeal to Reinstate Termination Date of January 1, 2000

On October 21, 1997 the Board filed a Petition to the Court of Appeal for Writ of Mandate or Prohibition, with a massive set of exhibits. It sought “review of the portion of Respondent San Diego Superior Court's September 5, 1997 Order which modified its prior August 1996 Final Order and set an earlier date for terminating Court jurisdiction in this school integration case.”

On November 19, 1997 the Court of Appeal ordered the Superior Court (by real party in interest Groundswell) to show cause by December
 

Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 

Dowell 

Board of Ed. of Oklahoma City v. Dowell, 498 U.S. 237 (1990)
Oklahoma City, Oklahoma
 

Freeman 

Freeman v. Pitts, 503 U.S. 467, 112 S.Ct. 1430 (1992)
DeKalb County School System (DCSS),
DeKalb County, Georgia
 

— Handbook: Challenge Five, pages 65 - 74 —