Additionally, the Board was confronted with rooting out of existence, on July 1, 1998, administrative procedures for assigning students on the basis of race to racially balance schools, classrooms and seats within classrooms. Groundswell cited Adarand Constructors, Inc. v. Pena, 115 S.Ct. 2097 (1995) in opposing such procedures.

A basic rule mandated racially balancing classrooms:

In classrooms — other than (ones for which there is a justifiable explanation) — the percentage of students must not deviate more than plus or minus 20% from the proportion of White students in the school. [emphasis by District]

Other long-standing rules provided for racial balancing of schools by racially gerrymandering school boundaries.

The VEEP administrative procedures in the record at the close of the Carlin case provided:

...
C. GENERAL: ...

2. ... The Voluntary Ethnic Enrollment Program (VEEP) is an integral part of the San Diego Plan for Racial Integration.

3. Definitions ...
     i. ... Schools having a racial / ethnic balance in excess of 50 percent White versus other ethnic groups shall be considered imbalanced....

4. Responsibilities
    a. Community Relations and Integration Services Division ...
        4) Monitors enrollments in VEEP receiving schools.

(a) When enrollment at a VEEP receiving school reaches a racial / ethnic balance of 60 percent White; works with that school in implementing an action plan to assure a 50/50 balance...