it will expire on July 1, 1998. Next July. Unless there is still a pending decision in the Supreme Court. And if it is found constitutional at a later date, the order will expire on the date of that finding.

... THE COURT: Since last year there's been a change of circumstances. This fact was not before us last year and we didn't know whether it would be before us until after the 5th of November last year. I do feel that it is — it has a direct bearing on the propriety of the continuation of this order from the standpoint of the spirit of the amendment as well as the actual wording of it.

And I recognize we're working without any case law to guide us in the State of California on this issue, but I'm satisfied that it is the right and proper thing to do and in view of the state of the law right now.

On September 5, 1997, the Order Modifying Final Order Terminating Court Jurisdiction was filed, making only the following change in the Final Order:

... New Paragraph 25 is added to read as follows:

“(25) It is further provided that if on or before July 1, 1998 Proposition 209 has been upheld as constitutional the date in paragraph 24 after which ‘the District's failure to comply with the provisions of this Order will not constitute a violation or contempt of this Order' shall be changed from ‘January 1, 2000' to ‘July 1, 1998'. If on July 1, 1998, the constitutionality of Proposition 209 has not yet been decided, and subsequent to July 1, 1998 Proposition 209 is upheld as constitutional, the date in paragraph 24 shall be changed from ‘January 1, 2000' to the date when the decision upholding the constitutionality of Proposition 209 becomes final. If Proposition 209 is held to be unconstitutional, the date in paragraph 24 shall remain ‘January 1, 2000'.”