HUNTER, District Judge:
This case was included with the other Louisiana school cases decided by the Fifth Circuit sub nom. Hall v. St. Helena Parish School Board, 417 F.2d 801 (May 28, 1969). Upon remand, this Court directed the School Board to confer with the Office of Education of the Department of Health, Education and Welfare (“HEW”) to develop a new desegregation plan. On July 5, 1969, the School Board filed a new plan and HEW filed a completely different plan.
[1283] On July £1,1969, a hearing was held at which the School Board presented testimony in opposition to the HEW plan and Dr. A. T. Miller, the HEW representative in charge of drawing the plan for Calcasieu Parish, testified in support of the HEW plan. The Court ruled from the bench that the Board’s plan was inadequate and on July 22, 1969, the Board filed an amended and substantially different plan, adopting a system of geographic zoning of elementary schools in the city of Lake Charles. The Board’s plan was approved by the Court on July 24, 1969.
After the opening of the 1969-70 school year, the Board filed a report disclosing the results achieved under its desegregation plan.
On March 11, 1970, plaintiffs filed a motion for further relief seeking an order requiring the School Board to implement the HEW plan beginning with the school year 1970-71. On March 18, 1970, the School Board filed a plan of zoning of junior and senior high schools in Lake Charles which it proposes to implement for the beginning of the school year 1970-71. A hearing was held on April 14, 1970, at which school officials testified in favor of the School Board plan and in opposition to the HEW plan. The Court concludes that the plan presented by the Board at the hearing does not convert the Calcasieu Parish School System to a unitary one within the meanings of the Supreme Court decisions in Alexander v. Holmes County Board of Education, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19; Green v. County School Board of New Kent County, 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716; and the decision of the Fifth Circuit in Ellis v. Orange County (1970).
The criteria used by the Board in establishing their zone lines — considering man-made and natural boundaries — precludes that plan from coming within the purview of a true “neighborhood system,” as defined in Ellis v. Board of Public Instruction of Orange County, Florida, 423 F.2d 203 (5th Cir., February 17,1970). In that decision the Court said:
“[T]he neighborhood system, based on school capacity, must be observed without exception. This will prevent any variance based on traffic conditions * * * or by zone line locations * *. Variances by arbitrary zone lines, or for reasons of traffic, while reasonable on their face may destroy the integrity and the stability of the entire assignment plan. If Orange County wishes to maintain a neighborhood assignment system, then it must do so without variances. Each student in the system must be assigned to attend the school nearest his or her home, limited only by the capacity of the school, and then to the next nearest school. Id. at p. 207. (Emphasis added.)
In a parallel case involving the City of Monroe, Louisiana, attendance zone lines based upon the same criteria as those used in Lake Charles and producing similar results were held unacceptable by the Court of Appeals.
In Green (supra), the mechanics of what must be done to bring about a unitary system were detailed. They were stated in terms of eliminating the racial identification of the schools in six particulars: composition of student bodies, faculty, staff, transportation, extra-curricular activities, and facilities. 391 U.S. at 435, 88 S.Ct. 1689.
All district courts have been mandated to put in effect for the 1970-71 school year the pertinent provisions of Singleton v. Jackson Municipal Separate School District relating to faculty, staff, transportation, extra-curricular activities, facilities and transfer. 419 F.2d 1211. Accordingly, it is ordered that the School Board shall announce and continue to implement for 1970-71 the following policies:
DESEGREGATION OF FACULTY AND OTHER STAFF
1. For the 1970-71 school year, the principals, teachers, teacher-aides and other staff who work directly with [1284] children at a school shall be so assigned that in no case will the racial composition of a staff indicate that a school is intended for black students or white students. The district shall assign the staff described above so that the ratio of black to white teachers in each school, and the ratio of other staff in each, are substantially the same as each such ratio is to the teachers and other staff, respectively, in the entire school system.
The school district shall, to the extent necessary to carry out this desegregation plan, direct members of its staff as a condition of continued employment to accept new assignments.
2. Thereafter, staff members who work directly with children, and professional staff who work on the administrative level will be hired, assigned, promoted, paid, demoted, dismissed, and otherwise treated without regard to race, color, or national origin.
3. If there is to be a reduction in the number of principals, teachers, teacher-aides, or other professional staff employed by the school district which will result in a dismissal or demotion of any such staff members, the staff member to be dismissed or demoted must be selected on the basis of objective and reasonable non-discriminatory standards from among all the staff of the school district. In addition if there is any such dismissal or demotion, no staff vacancy may be filled through recruitment of a person of a race, color, or national origin different from that of the individual dismissed or demoted, until each displaced staff member who is qualified has had an opportunity to fill the vacancy and has failed to accept an offer to do so.
Prior to such a reduction, the school board will develop or require the development of non-racial objective criteria to be used in selecting the staff member who is to be dismissed or demoted. These criteria shall be available for public inspection and shall be retained by the school district. The school district also shall record and preserve the evaluation of staff members under the criteria. Such evaluation shall be made available upon request to the dismissed or demoted employee.
“Demotion” as used above includes any re-assignment (1) under which the staff member receives less pay or has less responsibility than under the assignment he held previously, (2) which requires a lesser degree of skill than did the assignment he held previously, or (3) under which the staff member is asked to teach a subject or grade other than one for which he is certified or for which he has had substantial experience within a reasonably current period. In general and depending upon the subject matter involved, five years is such a reasonable period.
MAJORITY TO MINORITY TRANSFER POLICY
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HUNTER, District Judge:
This case was included with the other Louisiana school cases decided by the Fifth Circuit sub nom. Hall v. St. Helena Parish School Board, 417 F.2d 801 (May 28, 1969). Upon remand, this Court directed the School Board to confer with the Office of Education of the Department of Health, Education and Welfare (“HEW”) to develop a new desegregation plan. On July 5, 1969, the School Board filed a new plan and HEW filed a completely different plan.
[1283] On July £1,1969, a hearing was held at which the School Board presented testimony in opposition to the HEW plan and Dr. A. T. Miller, the HEW representative in charge of drawing the plan for Calcasieu Parish, testified in support of the HEW plan. The Court ruled from the bench that the Board’s plan was inadequate and on July 22, 1969, the Board filed an amended and substantially different plan, adopting a system of geographic zoning of elementary schools in the city of Lake Charles. The Board’s plan was approved by the Court on July 24, 1969.
After the opening of the 1969-70 school year, the Board filed a report disclosing the results achieved under its desegregation plan.
On March 11, 1970, plaintiffs filed a motion for further relief seeking an order requiring the School Board to implement the HEW plan beginning with the school year 1970-71. On March 18, 1970, the School Board filed a plan of zoning of junior and senior high schools in Lake Charles which it proposes to implement for the beginning of the school year 1970-71. A hearing was held on April 14, 1970, at which school officials testified in favor of the School Board plan and in opposition to the HEW plan. The Court concludes that the plan presented by the Board at the hearing does not convert the Calcasieu Parish School System to a unitary one within the meanings of the Supreme Court decisions in Alexander v. Holmes County Board of Education, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19; Green v. County School Board of New Kent County, 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716; and the decision of the Fifth Circuit in Ellis v. Orange County (1970).
The criteria used by the Board in establishing their zone lines — considering man-made and natural boundaries — precludes that plan from coming within the purview of a true “neighborhood system,” as defined in Ellis v. Board of Public Instruction of Orange County, Florida, 423 F.2d 203 (5th Cir., February 17,1970). In that decision the Court said:
“[T]he neighborhood system, based on school capacity, must be observed without exception. This will prevent any variance based on traffic conditions * * * or by zone line locations * *. Variances by arbitrary zone lines, or for reasons of traffic, while reasonable on their face may destroy the integrity and the stability of the entire assignment plan. If Orange County wishes to maintain a neighborhood assignment system, then it must do so without variances. Each student in the system must be assigned to attend the school nearest his or her home, limited only by the capacity of the school, and then to the next nearest school. Id. at p. 207. (Emphasis added.)
In a parallel case involving the City of Monroe, Louisiana, attendance zone lines based upon the same criteria as those used in Lake Charles and producing similar results were held unacceptable by the Court of Appeals.
In Green (supra), the mechanics of what must be done to bring about a unitary system were detailed. They were stated in terms of eliminating the racial identification of the schools in six particulars: composition of student bodies, faculty, staff, transportation, extra-curricular activities, and facilities. 391 U.S. at 435, 88 S.Ct. 1689.
All district courts have been mandated to put in effect for the 1970-71 school year the pertinent provisions of Singleton v. Jackson Municipal Separate School District relating to faculty, staff, transportation, extra-curricular activities, facilities and transfer. 419 F.2d 1211. Accordingly, it is ordered that the School Board shall announce and continue to implement for 1970-71 the following policies:
DESEGREGATION OF FACULTY AND OTHER STAFF
1. For the 1970-71 school year, the principals, teachers, teacher-aides and other staff who work directly with [1284] children at a school shall be so assigned that in no case will the racial composition of a staff indicate that a school is intended for black students or white students. The district shall assign the staff described above so that the ratio of black to white teachers in each school, and the ratio of other staff in each, are substantially the same as each such ratio is to the teachers and other staff, respectively, in the entire school system.
The school district shall, to the extent necessary to carry out this desegregation plan, direct members of its staff as a condition of continued employment to accept new assignments.
2. Thereafter, staff members who work directly with children, and professional staff who work on the administrative level will be hired, assigned, promoted, paid, demoted, dismissed, and otherwise treated without regard to race, color, or national origin.
3. If there is to be a reduction in the number of principals, teachers, teacher-aides, or other professional staff employed by the school district which will result in a dismissal or demotion of any such staff members, the staff member to be dismissed or demoted must be selected on the basis of objective and reasonable non-discriminatory standards from among all the staff of the school district. In addition if there is any such dismissal or demotion, no staff vacancy may be filled through recruitment of a person of a race, color, or national origin different from that of the individual dismissed or demoted, until each displaced staff member who is qualified has had an opportunity to fill the vacancy and has failed to accept an offer to do so.
Prior to such a reduction, the school board will develop or require the development of non-racial objective criteria to be used in selecting the staff member who is to be dismissed or demoted. These criteria shall be available for public inspection and shall be retained by the school district. The school district also shall record and preserve the evaluation of staff members under the criteria. Such evaluation shall be made available upon request to the dismissed or demoted employee.
“Demotion” as used above includes any re-assignment (1) under which the staff member receives less pay or has less responsibility than under the assignment he held previously, (2) which requires a lesser degree of skill than did the assignment he held previously, or (3) under which the staff member is asked to teach a subject or grade other than one for which he is certified or for which he has had substantial experience within a reasonably current period. In general and depending upon the subject matter involved, five years is such a reasonable period.
MAJORITY TO MINORITY TRANSFER POLICY
The school district shall permit a student attending a school in which his race is in the majority to choose to attend another school where his race is in the minority. The Orange County (5th Cir., February, 1970) conditions shall be applicable concerning transportation, etc.
TRANSPORTATION
The transportation system, in those school districts having transportation systems, shall be completely re-examined regularly by the superintendent, his staff, and the school board. Bus routes and the assignment of students to buses will be designed to insure the transportation of all eligible pupils on a non-segragated and otherwise non-discriminatory basis.
SCHOOL CONSTRUCTION AND SITE SELECTION
All school construction, school consolidation, and site selection (including the location of any temporary classrooms) in the system shall be done in a manner which will prevent the recurrence of the dual school structure once this desegregation plan is implemented.
[1285] ATTENDANCE OUTSIDE SYSTEM OF RESIDENCE
If the school district grants transfers to students living in the district for their attendance at public schools outside the district, or if it permits transfers into the district of students who live outside the district, it shall do so on a nondiscriminatory basis, except that it shall not consent to transfers where the cumulative effect will reduce desegregation in either district or reinforce the dual school system.
BI-RACIAL COMMITTEE
Pursuant to the pattern of Fifth Circuit decisions in Ellis, supra, and Singleton, 419 F.2d 1211, a bi-racial committee is to be named and is to function as a tool to carry out the plan and insure a unitary system. The membership is to be divided equally between whites and blacks. (See Judge Brown’s Order in Singleton, supra).
STUDENT ASSIGNMENT PLANS
All agree that Wards 1, 2, 5, 6, 7 and 8 now operate as unitary systems. Ward 3 encompasses the City of Lake Charles. Several of the schools are deep within black neighborhoods. Others are on fringe areas.
“In the typical dual system in operation prior to Brown I and II, the student was assigned to attend the school nearest his or her home. This so-called neighborhood assignment system was designed to eliminate transportation costs and permit the student to remain as near home as possible. Under the dual system as ruled unconstitutional, a Negro student would be assigned to the nearest Negro school to his or her home and a white student would be assigned to the nearest white school.” (See Ellis v. Board of Public Instruction of Orange County, supra.) Under a neighborhood assignment basis in a unitary system, the child is to attend the nearest school whether it be a formerly white school or black school. Calcasieu’s approach in its April 13th zones is not acceptable for reasons heretofore stated. We shall approve a neighborhood plan which will bring about results required without burying the public schools by the use of unreasonable requirements for both black and white. This can be done in keeping with the personal dignity of all citizens, of whatever race.
At our request the School Board has redrawn its zones for Ward 3 so that each student is assigned to attend the nearest school to his or her home, limited only by the capacity of the school.1 This, in my judgment, meets the requirements of Orange County.
The School Board’s plan, as revised after receiving instructions from the Court on “as the crow flies” zoning, is attached and made a part hereof. The projected enrollment for each school in the Parish is disclosed in the plan, marked Exhibit A.
The Ward 3 zones, as approved, are revealed in the documents marked as exhibits and reflect the zoning patterns demonstrated by three overlays and map. The overlays reflect the zoning in a grades 1 through 6 organization; another for grades 7, 8 and 9; and another for high school grades 10, 11 and 12. It should be emphasized that the figures shown do not reflect children who may choose the majority to minority transfer privilege, but rather only those children residing in the zones as shown by the maps. The zones have been drawn as mathematically perfect as possible in order to provide that children will attend the school nearest their residences “as the crow flies.” The only limiting factor in this zoning procedure is the capacity of schools. In some few instances the school capacity prevented this, as illustrated by the accompanying maps.
The schools in Ward 4 were unitized in September of 1969, with the exception of the Mossville-West Lake Elementary schools. Now, the 9th grade has been returned to Mossville, making that school a grade 1-9 plant for September of 1970. [1286] This was done at the request of the black people of Mossville, through their representative on the committee appointed by the plaintiffs (Mr. James Rigmaiden).
A minor amendment has also been submitted and is hereby approved. This amendment is made at the request of citizens of this portion of the parish that will assign some students in Grades 10, 11 and 12 to the Sulphur High School who were previously zoned to attend West Lake High School for the 1969-70 school year. This was done in order to effect a better balance between black and white students in the West Lake and Sulphur high schools.
The plan as approved by the Court, combined with those presently in effect in the other wards, converts the Calcasieu system into a unitary one “within which no person is effectively excluded from any school because of race.” Alexander v. Holmes County, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19. No one is denied the right to an integrated education. If a student is assigned to a school where his race is in a majority, all that student has to do is merely request a transfer to any school in which his race is in a minority. It is projected that there will be approximately 10,171 black students in the Calcasieu Parish School System in the 1970-71 school year. There are no all-black schools. However, there are six schools that are 90% or more black. The National Observer of January 26, 1969, contains a chart entitled “Racial Isolation in Public Schools.” The quoted source is HEW. The figures are for 1968-69, and reveal the extent of de facto segregation in both North and South. A quick perusal of these figures, by comparison, put Calcasieu Parish in the forefront. See chart next page:
City Negro % of Total Students % Negroes in Majority White Schools % Negroes in 95-100% Negro Schools
D.C. 93.5 0.9 89.2
Chicago 52.9 3.2 85.4
Los Angeles 22.6 4.7 78.5
New York City 31.5 19.7 43.9