Parental Handbook
for Local Control of Education  /  Challenge Two

San Diego Parents Challenge
Busing of Their Children,
in Carlin v. Board of Education,
as Intervenors in this Class Action

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Groundswell Dissenters Go to Trial

The foregoing litigation history was in mind in the preparation for the intervention hearing. The Intervenors established the intervening (1) parents and (2) students as “persons” in accordance with their complaint, by the following stipulation with the Carlin Plaintiffs and the Board:

1. That the parent intervenors were citizen-taxpayers residing in the District, and were continuously opposed to the “mandatory assignment of” their children “and others similarly situated, because of their race,” to particular schools within the school district, and to the use of tax monies for that purpose; and further that they are and would be substantially affected by such assignment.

2. That the student intervenors, attended their neighborhood District schools, and were continuously opposed “to the mandatory assignment” of them “and others similarly situated and affected, because of their race” to particular public schools within the school district; and further that they are and would be substantially affected by such assignment.

On July 16, 1981, at the hearing, a stipulation of facts also established that San Diego public schools, administered by the Board as the governing agency, including those attended, and to be attended, by student intervenors, received federal funds.

Following the receipt in evidence of the stipulated facts, Enstrom stressed the legislative nature of the relief being sought in this desegregation case. He argued this presented a need for latitude to respond accordingly to Next


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


Handbook: Challenge Two, pages 33 - 43 —

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Parental Handbook
For Parents Dedicated to Local Control
of Public Education of Children
According to the Constitution
by Elmer Enstrom, Jr.
Challenges of the 30-year Carlin affirmative action lawsuit:
an exemplar of citizens reasserting Constitutional rights.
© 1998-2006, 2013 Enstrom Foundation Bookmark and Share