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Calif. suit may set integration precedent
AP ^ | 12/10/5 | JULIET WILLIAMS

Posted on 12/10/2005 9:42:58 AM PST by SmithL

SAN CLEMENTE, Calif. - When Michael Winsten and his wife, Cheryl, moved here four years ago, they expected their young children eventually would attend the high school down the hill, about a 3 1/2-mile bike ride from their home.

Since then, relentless growth in this Orange County community has forced a school district building boom, and the Winstens' five children will have take a bus to a new school farther away.

The Winstens say the real reason for moving their children is to ensure there are enough white students at the new school. They are suing Capistrano Unified School District over the attendance boundaries, claiming the school board put racial balance ahead of safety and neighborhood cohesion.

"I think the stupidest factor is using skin color and test scores," Michael Winsten said.

The case highlights a predicament faced across the country 51 years after the U.S. Supreme Court ruled that school children cannot be segregated by race: How to create integrated schools without violating anti-discrimination laws.

At issue in the Capistrano case is Proposition 209, a measure California voters approved in 1996 that bars discrimination or preferential treatment based on race or ethnicity.

The Winsten's lawsuit is dividing a community that has long prided itself on its racial harmony.

Peter Ditto, a father of three teenage girls who supports the school district's changes, said he understands why people are upset, but he believes bringing up race is the wrong approach.

"Our kids have to live in a diverse world," Ditto said. "I think recognizing that people are different, dealing with different cultural issues, are important lessons."

The new attendance boundaries would send the Winstens' oldest daughter, now a seventh-grader, to San Juan Hills High School, a $100 million school being built near what Michael Winsten calls one of the busiest highways in Orange County.

School district attorney David Larsen said race was used only at the end of the boundary-drawing process to ensure that none of the schools would be segregated.

"There's a strong desire for one school not to be known as the school in the hills and one as the school in the valley, so to speak," he said.

Larsen said parents, administrators and community members spent months working on attendance options. District memos show officials wanted to create high schools with about 2,500 students each and a racial composition as close as possible to 65 percent white and 35 percent minority to resemble the district's ethnic makeup.

The courts have given mixed signals to schools.

Federal appeals courts have allowed the Seattle school district to use race as a tie-breaking factor in high-school admissions and upheld a similar plan used by the school district of Lynn, Mass. And in a pair of 2003 rulings, the U.S. Supreme Court agreed the University of Michigan could use race in its admissions criteria.

But in August 2002, the California 4th District Court of Appeals struck down Huntington Beach Unified's policy of using race in approving high school transfers, saying it violated the U.S. Constitution.

The courts have never said children have a right to go to a particular school, only that they have a right to an equal education, said Jack Boger, deputy director of the University of North Carolina's Legal Center for Civil Rights.

"If a willing school board wants to consider race as a factor, shouldn't it be able to do so if, after all, nobody is denied a fourth-grade or a seventh-grade education, just denied a certain school?" Boger said. "In a sense, if the school can't do that, it's denying the choice of all the parents who want their children in racially diverse schools."

That's what the NAACP, the American Civil Liberties Union and other civil rights groups tried to argue in seeking intervener status in the lawsuit against the school district. An Orange County judge denied their motion last month.

Parent Tareef Nashashibi also lent his name to the lawsuit. He said his son and daughter benefited from the diversity at their Capistrano school. His son, 19, graduated last year familiar with five languages, he said.

"We speak Arabic at home, they took Spanish and he picked up Farsi and Cantonese Mandarin from his friends," Nashashibi said. "It's like the United Nations of teenagers. People pay money to have this, and we're getting it for free."


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events; US: California
KEYWORDS: busing; orangecounty; prop209; schoolintegration

1 posted on 12/10/2005 9:42:59 AM PST by SmithL
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To: SmithL
"Our kids have to live in a diverse world," Ditto said. "I think recognizing that people are different, dealing with different cultural issues, are important lessons."

Recognizing people are different, got to love that line. Yes, people are different. Some are annoying morons, others are decent, hard working people. Thats all you need to know. You can learn this at any school.
2 posted on 12/10/2005 9:53:21 AM PST by IranIsNext
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To: SmithL
"There's a strong desire for one school not to be known as the school in the hills and one as the school in the valley, so to speak," he said.

But that's why people pay wheelbarrows of money to move to the hills you idiot. They want their kids to go to a good school!

3 posted on 12/10/2005 10:05:21 AM PST by BenLurkin (O beautiful for patriot dream - that sees beyond the years)
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To: SmithL
and in a cash-rich state like Calif....who is funding this PC lunacy ?
4 posted on 12/10/2005 10:13:22 AM PST by TheOracleAtLilac
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To: SmithL

Parents here that want the best for their kids try to get them into a school that will challenge them to push themselves. The discussion that I have had with fellow parents here has indicated that predominantly caucasion, Asian, Jew, Indian (plus some others) schools have more motivated students that tend to challenge their peers - getting an A+ is cool. Some predominantly minority schools for whatever reason often have a culture where underachieving is cool. Diversity is secondary - I want my kids to push themselves.


5 posted on 12/10/2005 10:47:18 AM PST by SoCal_Republican (Bubbleheads for Bush)
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To: SmithL
How to create integrated schools? You don't create them you simply let the population go where it will. If they area is predominately white, then so be it, if it is predominately, black, asian, or whatever, so be it! You "create" integation by simply not denying any person entry to a school, you don't force attendance to certain schools. By doing this sh** they have usurped more rights than they have bestowed on anyone!

If I still had children of school age I would home school, get the government out of our schools!

6 posted on 12/10/2005 10:50:07 AM PST by calex59 (Seeing the light shouldn't make you blind...)
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To: SmithL
1. There aren't enough black people in Orange County to fill a phone booth. I assume they are referring to Latins and Asians here.

2. A Public School belongs to ALL who live in a given district/county. Its one thing if they were bussing kids to/from LA County, but in this case, who cares? Schools don't belong to "the neighborhood," but to all inhabitants of the given county/district. If you don't like the rules that go with public schools, put your kids in private schools.

The "neighborhood schools" crowd are a bunch of morons that don't understand that once you embrace socialism (public schools) you must accept its consequences.

7 posted on 12/10/2005 10:52:00 AM PST by Clemenza (Free minds, Free markets, Free society)
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To: TheOracleAtLilac
who is funding this PC lunacy ?

No one, it's free!!

"It's like the United Nations of teenagers. People pay money to have this, and we're getting it for free."

8 posted on 12/10/2005 11:28:12 AM PST by DumpsterDiver
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To: Clemenza
The "neighborhood schools" crowd are a bunch of morons that don't understand that once you embrace socialism (public schools) you must accept its consequences.

I would think that these people have not embraced socialism, that is why the law suit. The people who want thier kids to go to the school in the neighborhood they live in are right, you are wrong. They don't need to be busing children all over the state, county etc. Most people don't embrace socialism, and f**k the school district and their rules. They work for us not the other way around.

9 posted on 12/10/2005 11:33:49 AM PST by calex59 (Seeing the light shouldn't make you blind...)
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To: BenLurkin
But that's why people pay wheelbarrows of money to move to the hills you idiot.

Interesting isn't it? In S. CA living in or even close to the "hills" is highly desirable.

The high ground sure costs the big bucks.

10 posted on 12/10/2005 11:44:22 AM PST by Jigsaw John
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To: calex59
Exactly, the school district belongs to ALL WHO LIVE IN ITS BOUNDARIES. You are therefore subject to their whims of where they want to send you to school.

My advice: If you don't like what your local school board does, either elect new reps or, better yet, PULL YOUR KIDS OUT OF THE PUBLIC SCHOOL SYSTEM!

Public schools are a form of socialism. You accept socialism, you live with its consequences.

11 posted on 12/10/2005 11:52:16 AM PST by Clemenza (Free minds, Free markets, Free society)
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To: SmithL
Liberals love diversity. Especially when it comes to using our children as guinea pigs for their social experiments. That's where its opportune to draw a line.

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie.Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

12 posted on 12/10/2005 3:17:29 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: SmithL
"We speak Arabic at home, they took Spanish and he picked up Farsi and Cantonese Mandarin from his friends," Nashashibi said.

Cantonese and Mandarin are different dialects of the Chinese language.

Except for a small number of linguistically-inclined people, it is very hard to "pick up" so many other languages informally without immersion or lessons. Maybe it's easier to learn Farsi since the child already knows Arabic, but Chinese languages are very different. My guess is that his child knows a few basic sentences in the other languages but can't really hold a conversation or read/write.

13 posted on 12/10/2005 6:33:07 PM PST by heleny
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To: Clemenza
If you don't like the rules that go with public schools, put your kids in private schools.

Ah, so much for parental rights and the rights of the property owners paying for those schools, because you know, school districts cross property tax assessment districts.
14 posted on 12/10/2005 6:39:17 PM PST by hedgetrimmer
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To: Clemenza
1. There aren't enough black people in Orange County to fill a phone booth. I assume they are referring to Latins and Asians here.

There was a wall street journal article recently (and several follow ups from other media) regarding asians and schools in california and the "new white flight".

I'm not sure, but this article bares some similarities to it.

I'm not sure if its related, but their seems to be some stuff that overlaps...including the O.C.

15 posted on 12/10/2005 6:45:15 PM PST by Sonny M ("oderint dum metuant")
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To: SmithL
I believe that many smart Southern Politicians tried to convey these same scenarios to their more liberal cousins from the North and the Liberal West Coast.

I don't give a rats butt nor care whether or not a certain school is either integrated or not.

It is wrong to sacrifice cohesion and safety just to satisfy the wimps of the politically correct dunderheads no matter what color.

To argue otherwise is either out of stupidity or for selfish reasons.

All of this seems to fit nicely with the urgent problem we now have of Imminent Domain and the land hustlers view that your house is no longer yours if the rich want to take if for their own use.
16 posted on 12/10/2005 6:55:42 PM PST by OKIEDOC (There's nothing like hearing someone say thank you for your help.)
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To: calex59
I always get a good laugh when some thoughtless extreme fringe poster classifies everyone as morons.

It's scary to live in America.

The Democrats are worthless cowards.

The PC nuts are out of control.

Seems like we just have a huge breakdown all across the board.

Liberalism isn't really liberalism.

It's the loss of everything that most people hold near and dear.

The 1960's put American on a path of destruction that nothing short of a civil war may stop.

God help this great country and MERRY CHRISTMAS.
17 posted on 12/10/2005 7:08:21 PM PST by OKIEDOC (There's nothing like hearing someone say thank you for your help.)
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