Liberate Public Schools
from Government by Lawsuit  /  Phase Six
  
83
Court Adopts "Final" Order Terminating Jurisdiction,
but Pyrrhically not until at least January 1, 2000
Previous Next

THE COURT: ... So I — I think the order that — the exit order that I will approve would be the plaintiffs' proposed orders, which, except for Paragraphs 1, 2, and 25 mirror the District's; and would provide in Paragraph 25 of that order as the last sentence to say that “these orders shall terminate and be of no force and effect after January 1, 2000.”

MR. ENSTROM: What's the date?

THE COURT: January 1, 2000....

Having determined to press on, I asked the Court continue the waiver of filing fee in effect for the Groundswell group of parents and children I had represented for fifteen years up to then; and to have the District provide us with a copy of the transcript.

THE COURT: I don't think you will have any problem with that. The District will do it and your orders — your waiver orders would still be in effect until the sunset date....

Concluding the hearing, the Court ordered the District to prepare and serve the Final Order for review by the parties.
 

Final Order Lacks Provision
for Discharge of Mandate

On August 16, 1996, the “Final” Order Terminating Court Jurisdiction was filed. The first twenty paragraphs ordered the District to take certain educational steps, focusing upon “racial / ethnic” groups, as in the following manner:

(14) The District shall provide intensive, high-quality, and focused assistance directly to classroom teachers in matters that promote integration and the academic success of all language and racial / ethnic groups.

(16) The District shall supervise classrooms and school facilities so as to maximize integration within each school. The District shall make checks of ethnic classroom enrollment as early Next
 


Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
  
  Liberate: Phase 6, pages 80 - 90 — Previous Next
  

Liberate Public Schools
from Government by Lawsuit

A Long Pro Bono Struggle
Against Racially Balancing Public School Students
in a Thirty-Year Lawsuit
by Elmer Enstrom, Jr.
  
Contents
A chronological presentation of the 30-year Carlin affirmative action lawsuit:
a legal battle to reassert the "separation of powers" concept
of a republican form of government embodied in our Constitution.
  
© 1998-2006, 2013 Enstrom Foundation www.EnstromFoundation.org Bookmark and Share