[815]*815GEORGE CLIFTON EDWARDS, Jr., Chief Judge.
This much delayed school desegregation case is before this court for review of a desegregation plan approved by the District Court.1 It offers no new legal issues and can and must be decided by this court on the basis of final decisions of the United States Supreme Court. Milliken v. Bradley, 433 U.S. 267, 97 S.Ct. 2749, 53 L.Ed.2d 745 (1977) (Milliken II) requires our affirmance of the District Court on several issues. The cases that require our reversal of two issues decided by the lower court are legion. Leading the list are Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954); Green v. County School Board, 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716 (1968); Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971); Keyes v. School District No. 1, 413 U.S. 189, 93 S.Ct. 2686, 37 L.Ed.2d 548 (1973); Penick v. Columbus Board of Education, 583 F.2d 787 (6th Cir. 1978), aff’d, 443 U.S. 449, 99 S.Ct. 2941, 61 L.Ed.2d 666 (1979); Reed v. Rhodes, 607 F.2d 714 (6th Cir. 1979), cert. denied, 445 U.S. 935, 100 S.Ct. 1329, 63 L.Ed.2d 770 (1980); and last but not least, Kelley v. Metropolitan Board of Education, 463 F.2d 732 (6th Cir.), cert. denied, 409 U.S. 1001, 93 S.Ct. 322, 34 L.Ed.2d 262 (1972).
It should be noted at the outset that this case is markedly distinguished in legal terms from those that have come before this and other courts from states where segregation by law has never existed or was long ago statutorily abandoned. In those cases, the federal courts have been primarily concerned with the question of whether or not predominantly black and predominantly white schools existed as a result of intentional segregative practices on the part of the school boards concerned. See Reed v. Rhodes, supra; Penick v. Columbus Board of Education, supra; Brinkman v. Gilligan, 583 F.2d 243 (6th Cir. 1978), aff’d sub nom., Dayton Board of Education v. Brinkman, 443 U.S. 526, 99 S.Ct. 2971, 61 L.Ed.2d 720 (1979) (Dayton II). No such inquiry is necessary in this case; Tennessee’s history of de jure segregation is well-established.
In 1955, when litigation aimed at desegregating the Nashville schools began, racial segregation was constitutionally and statutorily mandated in Tennessee, and the School Board was in full compliance with those provisions. Article 11 § 12 of the state constitution proclaimed: “No school established or aided under this section shall allow white and negro children to be received as scholars together in the same school,” and statutes consistent with this provision were enacted. See T.C.A. §§ 49-3701 et seq. In 1956, the Tennessee Supreme Court struck down the statutes requiring compulsory separation of races, Roy v. Brittain, 201 Tenn. 140, 297 S.W.2d 72 (1956), and in 1959 this court invalidated a new law allowing local school boards to provide white, black and mixed schools, with attendance to be determined by parental choice. Kelley v. Board of Education, 270 F.2d 209 (6th Cir.), cert. denied, 361 U.S. 924, 80 S.Ct. 293, 4 L.Ed.2d 240 (1959). The statutes thereafter were omitted from the revised statutory compilation, with the compiler’s note stating the statutes had been omitted because they were unconstitutional, citing to the above-named eases. In 1970, the Tennessee Legislature did pass a law mandating the public schools would be open to persons of all races, see Tenn.Code Ann. § 49-1770 (1977). But it was not until 1978 that Tennessee’s constitution was amended to delete the requirement of separate schools. Finally, effective March 15, 1979, more than twenty years after the laws were declared unconstitutional, the Tennessee Legislature repealed the old school segregation statutes.
It therefore is clear that when the first “comprehensive and potentially effective desegregation order”2 was entered in this case in 1971, the existing racial separation in the Nashville schools had resulted from [816]*816de jure segregation. And despite the 1971 plan’s potential, the record establishes and the District Court found that desegregation in the Nashville schools has never been achieved. Thus the effects of state-imposed segregation have yet to be eradicated.
It was the School Board’s implementation of the 1971 plan that prevented effective desegregation, according to the District Court. In Kelley v. Metropolitan Board of Education, 463 F.2d 732 (6th Cir.), cert. denied, 409 U.S. 1001, 93 S.Ct. 322, 34 L.Ed.2d 262 (1972), this court approved the 1971 HEW-drafted desegregation remedy, which was based on Swann v. CharlotteMecklenburg, supra, and which attempted to achieve desegregation through zoning. After the plan had been in effect for one year, the Board petitioned for changes, claiming hardships had arisen from the plan. The District Court emphatically rejected the petition, finding the Board had not acted in good faith in implementing the desegregation remedy. Thereafter, the Board submitted proposals for construction and for a kindergarten program using portables, which both were opposed by plaintiffs as inconsistent with the approved plan. Plaintiffs later petitioned that the Board be held in contempt for its unsanctioned implementation of the proposals. In 1978 the Board petitioned to amend school attendance zones; plaintiffs then amended their contempt petition.
In 1979, the District Court began hearings on all pending matters concerning the school system.3 From the proof presented, the District Court found the Nashville-Davidson County school system had become increasingly segregated in the years since 1971. The original remedy had not extended throughout the county, and whites had been able to avoid the plan by fleeing to the outer reaches, leaving the inner city schools with a high black population. After reviewing the evidence, the District Court stated, “[t]he resegregation, resulting, at least in part, from the nonetheless good faith efforts of the School Board in the implementation of the Court’s order, amounts to a de jure segregation.” Kelley v. Metropolitan County Board of Education, 479 F.Supp. 120, 123 (M.D.Tenn.1979). This “resegregation” was exacerbated by the Board’s institution of an optional transfer policy that violated the spirit of the 1971 order and emasculated desegregation efforts, according to the District Court.
Judge Wiseman’s determination that desegregation has never been achieved in the Nashville-Davidson County school system is amply supported by the record, and that finding, therefore, is affirmed. Thus the School Board remains under its duty “to eliminate from the public schools all vestiges of state-imposed segregation.” Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 15, 91 S.Ct. 1267, 1275, 28 L.Ed.2d 554 (1971).
EDUCATIONAL COMPONENTS
As a result of the 1979 hearings, the District Court ordered the Board to formulate a new desegregation plan “assuming no parameters heretofore ordered by the Court, but with the primary objective of the achievement of a unitary school system for the entirety of Davidson County.” 479 F.Supp. at 122. After several proposals and in accordance with specific instructions from the District Court, see Kelley v. Metropolitan County Board of Education, 492 F.Supp. 167 (M.D.Tenn.1980), the Board drafted a plan that gained the District Court’s approval. Kelley v. Metropolitan County Board of Education, 511 F.Supp. 1363 (M.D.Tenn.1981). It is plaintiffs’ appeal from this order that is before us.
We affirm certain aspects of this plan. With regard to the District Judge’s orders concerning education components, we approve the remediation program planned by the Board of Education’s staff for “those schools or classes where the achievement [817]*817levels are below the average for the system and/or where the majority of a school’s population is made up largely of socio-economically deprived children who suffer the continuing effects of prior discrimination.” 511 F.Supp. at 1368-69. Our affirmance of this issue does not depend upon the outcome of any other issue in this case, nor does it depend upon whether or not Title I federal funds are available. See Milliken v. Bradley, 433 U.S. 267, 97 S.Ct. 2749, 53 L.Ed.2d 745 (1977).
Likewise, this court affirms the District Judge’s order for the use of West End Junior High School as a magnet school, with selection criteria designed to provide equal access to all races. Further, we affirm the District Court’s approval of the already launched Afro-American studies program. While we note plaintiffs’ objections to lack of specificity of such programs, we believe this is a matter that can be handled by the District Court and the School Board without intervention by the appellate court. Finally, we affirm the District Judge’s approval of the “Together We Can . . . Together We Will” program.
PUPIL ASSIGNMENT COMPONENT-MIDDLE SCHOOLS AND HIGH SCHOOLS
In large measure, the pupil assignment components of this plan do not withstand constitutional scrutiny. In fashioning its school desegregation plan, the Board was directed by the District Court to bring about a 15% minimum presence of either race in each middle school (grades 5-8), and application of this standard to the high schools as well was accepted by the lower court. The District Court’s choice of 15% either race minimum presence as a desegregation standard would find acceptable schools that are either 85% white or 85% black. This figure is clearly not appropriate as a “starting point” in a school system that has a 68% white-32% black racial composition.4
In Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 23-25, 91 S.Ct. 1267, 1279-1280, 28 L.Ed.2d 554 (1971), Chief Justice Burger wrote for a unanimous Supreme Court as follows:
In this case it is urged that the District Court has imposed a racial balance requirement of 71%-29% on individual schools. The fact that no such objective was actually achieved — and would appear to be impossible — tends to blunt that claim, yet in the opinion and order of the District Court of December 1, 1969, we find that court directing
“that efforts should be made to reach a 71 — 29 ratio in the various schools so that there will be no basis for contending that one school is racially different from the others .... [t]hat no school [should] be operated with an all-black or .predominantly black student body, [and] [t]hat pupils of all grades [should] be assigned in such a way that as nearly as practicable the various schools at various grade levels have about the same proportion of black and white students.”
The District Judge went on to acknowledge that variation “from that norm may be unavoidable.” This contains intimations that the “norm” is a fixed mathematical racial balance reflecting the pupil constituency of the system. If we were to read the holding of the District Court to require, as a matter of substantive constitutional right, any particular degree of racial balance or mixing, that approach would be disapproved and we would be obliged to reverse. The constitutional command to desegregate schools does not mean that every school in every community must always reflect the racial composition of the school system as a whole.
As the voluminous record in this case shows, the predicate for the District Court’s use of the 71%-29% ratio was twofold: first, its express finding, ap[818]*818proved by the Court of Appeals and not challenged here, that a dual school system had been maintained by the school authorities at least until 1969; second, its finding, also approved by the Court of Appeals, that the school board had totally defaulted in its acknowledged duty to come forward with an acceptable plan of its own, notwithstanding the patient efforts of the District Judge who, on at least three occasions, urged the board to submit plans.8 As the statement of facts shows, these findings are abundantly supported by the record. It was because of this total failure of the school board that the District Court was obliged to turn to other qualified sources, and Dr. Finger was designated to assist the District Court to do what the board should have done.
We see therefore that the use made of mathematical ratios was no more than a starting point in the process of shaping a remedy, rather than an inflexible requirement. From that starting point the District Court proceeded to frame a decree that was within its discretionary powers, as an equitable remedy for the particular circumstances. As we said in Green, a school authority’s remedial plan or a district court’s remedial decree is to be judged by its effectiveness. Awareness of the racial composition of the whole school system is likely to be a useful starting point in shaping a remedy to correct past constitutional violations. In sum, the very limited use made of mathematical ratios was within the equitable remedial discretion of the District Court.
(footnotes 7 and 9 omitted).
As mentioned earlier, this record shows the black-white pupil ratio in the Nashville-Davidson County school system to be 68% white and 32% black. It is that ratio the District Court should have employed as the “starting point” in the remedy-fashioning process.
The District Judge selected the admittedly arbitrary 15% either race figure because “it seem[ed] to represent a reasonable attempt to provide intercultural and interracial contact as a foundation for social harmony.” 492 F.Supp. at 193. This selection, and such other errors as we find in the District Court’s opinions and orders, originate with his apparent conclusion that the unanimous opinion of the Supreme Court in Swann has somehow been overruled or eroded. But the disposition of cases originating in this and other circuits does not support any such conclusion. In fact, Swann was strongly reaffirmed by the Supreme Court’s approval of this court's opinion in Penick v. Columbus Board of Education, 583 F.2d 787 (6th Cir. 1978), aff’d, 443 U.S. 449, 99 S.Ct. 2941, 61 L.Ed.2d 666 (1979). The Swann opinion is the law of the land. And this court, the District Court for the Middle District of Tennessee, and the School Board of Nashville and Davidson County are required by our constitutional form of government to follow its standards. In accordance with those standards, the District Judge will be required on remand of this case to determine the currently prevailing racial population of the school system concerned and to employ that ratio as a “useful starting point in shaping a remedy to correct past constitutional violations.”
We approve all other aspects of the middle school and high school plans, recognizing, of course, that rejection of the 15% either race minimum presence as a desegregation standard will necessarily involve significant redrafting and restructuring. Whenever the Swann discussion set out above requires revision of these school plans, such revisions must be made. We note our awareness that this instruction encompasses Swann’s recognition that there is no constitutional right to any “particular [819]*819degree of racial balance.” But we also recognize that predominantly one-race schools deserve “close scrutiny” and that the duty on the Board and courts to dismantle a dual system is clear:
The district judge or school authorities should make every effort to achieve the greatest possible degree of actual desegregation and will thus necessarily be concerned with the elimination of one-race schools. No per se rule can adequately embrace all the difficulties of reconciling the competing interests involved; but in a system with a history of segregation the need for remedial criteria of sufficient specificity to assure a school authority’s compliance with its constitutional duty warrants a presumption against schools that are substantially disproportionate in their racial composition. Where the school authority’s proposed plan for conversion from a dual to a unitary system contemplates the continued existence of some schools that are all or predominately of one race, they have the burden of showing that such school assignments are genuinely nondiscriminatory. The court should scrutinize such schools, and the burden upon the school authorities will be to satisfy the court that their racial composition is not the result of present or past discriminatory action on their part.
Swann, supra 402 U.S. at 26, 91 S.Ct. at 1281 (emphasis added).
In line with this duty, we suggest the formula employed by this court in the Columbus case, i.e., use of a 15% plus or minus deviation from the 68-32% white-black ratio' for all students in the school system.5
PUPIL ASSIGNMENT COMPONENT — GRADES K-4
The District Court directed the Board “to establish a system of K-4 or K-5 [kindergarten through fourth or fifth grade] elementary schools of a neighborhood character, all the while maximizing opportunities for integration in a neighborhood setting.”6 The Board complied, and this plan was approved by the District Court. This was fundamental error, unconstitutional under Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954); Green v. County School Board, 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716 (1968); Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. [820]*8201267, 28 L.Ed.2d 554 (1971); Keyes v. School District No. 1, 413 U.S. 189, 93 S.Ct. 2686, 37 L.Ed.2d 548 (1973); Columbus Board of Education v. Penick, 443 U.S. 449, 99 S.Ct. 2941, 61 L.Ed.2d 666 (1979), and Dayton Board of Education v. Brinkman, 443 U.S. 526, 99 S.Ct. 2971, 61 L.Ed.2d 720 (1979). All of these cases have held or implied that the constitutional barrier to racially segregated schools applies to all schools in the system, including the early grades.
In this case, the District Judge’s order would serve to resegregate or to maintain segregation in grades K-4. Forty-seven of the 75 elementary schools would be more than 90% one race, with 14 schools projected as more than three-fourths black.
The District Judge based his directive on the perceived benefits of a neighborhood school system for elementary students, noting the desirability of parent-teacher contact, reduced pupil-teacher ratios, and other “educational” advantages.7 In Swann, Chief Justice Burger considered pro-neighborhood arguments, presumably similar to those influencing the District Judge in this case, and found them wanting:
Absent a constitutional violation there would be no basis for judicially ordering assignment of students on a racial basis. All things being equal, with no history of discrimination, it might well be desirable to assign pupils to schools nearest their homes. But all things are not equal in a system that has been deliberately constructed and maintained to enforce racial segregation. The remedy for such segregation may be administratively awkward, inconvenient, and even bizarre in some situations and may impose burdens on some; but all awkwardness and inconvenience cannot be avoided in the interim period when remedial adjustments are being made to eliminate the dual school systems.
No fixed or even substantially fixed guidelines can be established as to how far a court can go, but it must be recognized that there are limits. The objective is to dismantle the dual school system. “Racially neutral” assignment plans proposed by school authorities to a district court may be inadequate; such plans may fail to counteract the continuing effects of past school segregation resulting from discriminatory location of school sites or distortion of school size in order to achieve or maintain an artificial racial separation. When school authorities present a district court with a “loaded game board,” affirmative action in the form of remedial altering of attendance zones is proper to achieve truly nondiscriminatory assignments. In short, an assignment plan is not acceptable simply because it appears to be neutral.
402 U.S. at 28, 91 S.Ct. at 1280.
It is thus clear from Swann that no matter whether neighborhood schools may be desirable on some grounds, their advantages cannot outweigh the constitutional requirement to desegregate the schools.8
[821]*821The unanimous Swann opinion also dealt squarely with the issue of busing, another concern of the District Judge in this case:
(4) Transportation of Students.
The scope of permissible transportation of students as an implement of a remedial decree has never been defined by this Court and by the very nature of the problem it cannot be defined with precision. No rigid guidelines as to student transportation can be given for application to the infinite variety of problems presented in thousands of situations. Bus transportation has been an integral part of the public education system for years, and was perhaps the single most important factor in the transition from the one-room schoolhouse to the consolidated school. Eighteen million of the Nation’s public school children, approximately 39%, were transported to their schools by bus in 1969-1970 in all parts of the country.
The importance of bus transportation as a normal and accepted tool of educational policy is readily discernible in this and the companion case, Davis, supra.11 The Charlotte school authorities did not purport to assign students on the basis of geographically drawn zones until 1965 and then they allowed almost unlimited transfer privileges. The District Court’s conclusion that assignment of children to the school nearest their home serving their grade would not produce an effective dismantling of the dual system is supported by the record.
Thus the remedial techniques used in the District Court’s order were within that court’s power to provide equitable relief; implementation of the decree is well within the capacity of the school authority.
The decree provided that the buses used to implement the plan would operate on direct routes. Students would be picked up at schools near their homes and transported to the schools they were to attend. The trips for elementary school pupils average about seven miles and the District Court found that they would take “not over 35 minutes at the most.”12 This system compares favorably with the transportation plan previously operated in Charlotte under which each day 23,600 students on all grade levels were transported an average of 15 miles one way for an average trip requiring over an hour. In these circumstances, we find no basis for holding that the local school authorities may not be required to employ bus transportation as one tool of school desegregation. Desegregation plans cannot be limited to the walk-in school.
An objection to transportation of students may have validity when the time or distance of travel is so great as to either risk the health of the children or significantly impinge on the educational process. District courts must weigh the soundness of any transportation plan in light of what is said in subdivisions (1), (2), and (3) above. It hardly needs stating that the limits on time of travel will vary with many factors, but probably with none more than the age of the students. The reconciliation of competing values in a desegregation ease is, of course, a difficult task with many sensitive facets but fundamentally no more so than remedial measures courts of equity have traditionally employed.
[822]*822Swann, supra at 29-31, 91 S.Ct. at 1282-1283.
The Court’s approval of transportation for elementary students illustrates the fact that these groups of children are not automatically or easily exempted from a busing program. Only when “the time or distance of travel is so great as to either risk the health of the children or significantly impinge on the educational process” should elementary children be omitted from a busing plan. No such showing was made or required by the District Court in this case.9
[823]*823In sum, while neighborhood schools may be desirable in a school system free of a history of segregation, where such a history exists, a plan must do more; it must make “every effort to achieve the greatest possible degree of actual desegregation.” Some inconvenience and even awkward remedies may be necessary where neutral assignment plans fail to desegregate the schools.10
Because the remedy leaves elementary schools highly segregated, the District Court’s approval of a neighborhood school plan for grades K — Í is rejected. On remand, the District Judge is instructed to include these children within a pupil assignment program drafted in compliance with this opinion, except where inclusion would “risk the health of the children or significantly impinge on the educational process” within the meaning of Swann.
It appears to this court that Nashville has some great advantages for solving the desegregation problem. It is a far more compact city than, for example, Cleveland or Detroit, and in general, the schools in need of desegregation are centrally located. Of equally great importance, the school system is organized on a Davidson County-wide basis. We approve the Board’s and District Court’s intention to apply the desegregation plan to the entire county.
As we have shown above, we are convinced the District Court’s approval of the Board’s plan was legal error.11 In addition, we recognize the lower court’s approval was based in part on a conviction, with which we take issue, that desegregation has not advanced the educational achievement levels of black children and that it is a serious “education cost” in the elementary grades. It was largely for these reasons, along with a fear of increased “white flight,”12 that Judge Wiseman was persuaded to deviate from a Swann-type remedy. See 492 F.Supp. at 189-92. While doubtless the jury on the educational benefits of desegregation will be out for a long time, recent findings indicate results directly contrary to the views expressed by the District Judge. Some of this material is very current and therefore was unavailable to Judge Wise-man at the time his opinions were written.13 We note these findings only because of the [824]*824District Court’s strong reliance on this matter. We also note and take this opportunity to remind the District Court that the issue of achievement scores is constitutionally irrelevant in a school system with a history of illegal segregation.
REMAINING ISSUES
We now turn to other issues advanced by plaintiffs’ appeal. First, it is urged that the approved plan places a disproportionate burden of busing on black middle school students. Any intentional effort to make the transportation burden fall more heavily on one race than on the other would, of course, be violative of basic constitutional law. Many factors, however, must be taken into account in working out a practical assignment system, including availability of schools, locations of schools, ease of travel between specific neighborhoods and specific schools, and the facilities for education existing in such schools. By mentioning these factors, we do not by any means attempt to exhaust the list; the foregoing are cited purely for illustration. With regard to the plaintiffs’ middle school busing burden issue, we are unable to find the District Judge’s disposition of this issue either clearly erroneous as to facts or in violation of law. It is obvious, however, that our rejection of the 15% either race minority presence as a desegregation standard will necessitate a substantial revision of the middle school busing program. Thus, the above is suggested as guidance to the District Judge in weighing a new plan.
Plaintiffs also urge the retention of Pearl High School as a senior high, objecting to its use as a middle school under the Board’s plan. We, like the District Judge, sympathize with plaintiffs’ argument for retention of Pearl as a high school because of its “historic contribution to the black community of Nashville,” 492 F.Supp. at 184. We do not find, however, that the School Board’s decision, as affirmed by the District Judge, to convert Pearl into a middle school and to build a new Pearl-Cohn comprehensive high school to be based on clearly erroneous findings or founded in a racially discriminatory purpose. Under these circumstances, we are not empowered to overturn the apparently nondiscriminatory educational decision here involved.
As to plaintiffs’ last issues, however, we feel quite differently. Plaintiffs’ argument that faculty and staff assignments have been made on a racially discriminatory basis should long ago have been the subject of hearing and decision. Faculty desegregation is a considerably easier task than is overall desegregation of schools. Similarly,' we believe that there long ago should have been a hearing on plaintiffs’ motion for attorneys’ fees and expenses. Finally, we observe that plaintiffs’ charges of contempt against the defendants should not be left in limbo.
From this distance, we can make no judgment on these matters since no factual record has been written. The District Court, however, should give prompt attention to all three of these issues. The. delays in this case suggest that absolute priority be accorded to this litigation until a unitary system has been achieved.
The dissent in this case is in utter disregard of the Supreme Court’s interpretation of the Constitution of the United States in such cases as Brown, supra; Green, supra; Swann, supra; Keyes, supra; Penick v. Columbus Bd. of Educ., supra; and Dayton II, supra. It goes without saying that this court is required to follow constitutional law as defined by the Supreme Court of the United States. Marbury v. Madison, 5 U.S. (1 Cranch) 137, 2 L.Ed. 60 (1803); Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401, 3 L.Ed.2d 5, 19 (1958).
The judgment of the District Court is affirmed in part, reversed in part, and remanded for proceedings not inconsistent with this decision.
APPENDIX
After this case was argued in this court, a study made under the auspices of Vanderbilt University and now published in the nine volume Assessment of Current Knowledge About the Effectiveness of [825]*825School Desegregation Strategies (Vanderbilt Univ. 1981) [hereinafter cited as Desegregation Strategies] was released. The Vanderbilt project was financed with federal funds and incorporates the work of nationally prominent experts in the school desegregation field. It concludes that desegregation raises the level of black achievement, with specific findings on' the Nashville schools, and emphasizes the importance of including primary grades in a desegregation plan. Significant findings include the following:
1. “It seems reasonably clear that minority children who attend school with white children perform better on standardized achievement tests than do children who attend segregated schools.” 2 Desegregation Strategies at 38. See also Crain & Mahard, Desegregation and Black Achievement: A Review of the Research, 42 Law & Contemp. Prob. 17 (Summer 1978). For example, a study of Nashville elementary schools revealed that black children’s test scores rose an average of .28 when placed in desegregated' schools. This amounts to a little over 8/ioths of a grade level and was termed a “sizeable” achievement gain. 5 Desegregation Strategies at 184. It also is estimated that desegregation tends to raise black achievement by approximately four IQ points.
2. To boost achievement, desegregation must occur in the early grades.
The findings that strong effects of desegregation occur in the earliest grades are a strong argument against delaying desegregation past grade one. Only a few school systems leave the early primary grades segregated; the most significant is Dallas. Our analysis indicates that this is a very unfortunate policy. Many school systems leave kindergarten students segregated. This analysis suggests it would be academically very beneficial to include minority kindergarten students in a desegregation plan.
Id. at 185.
The study concludes that desegregation “creates a sudden burst of achievement growth” during the early grades and that after that time, desegregated students maintain but do not increase this higher level of achievement. The study also notes, “[N]o desegregation plan where elementary grades are excluded can effectively reduce racial isolation. Moreover, the research suggests that desegregation at early grades holds the greatest promise for improving race relations, increasing minority achievement and ultimately reducing racial prejudice.” Id. at 70.
3. Racial proportions in the school are related to achievement. The study suggests that minority students score higher when they are in predominantly anglo classrooms; however, it is important that more than a small number of minority students attend majority schools. Where minority students comprise less than 15% of the school’s population, little mixing of races occurs, and where blacks make up less than 20% of a high school’s population, black male achievement suffers. Id. at 115, 173, 186 and 196.
4. Where a school district is organized on a county-wide basis, as is the Nashville-Davidson County school system, “white flight” has much less long-term impact on the schools. Id. at 47.
A 1981 study by the National Assessment of Educational Progress, a federally sponsored group that annually tests 9-, 13- and 17-year-olds, reports that black achievement scores have increased significantly over the past 10 years. In an assessment of reading performance, the study found that while black students still scored below white students, they had narrowed the gap considerably. For example, 9-year-old black students were 14.2 percentage points below the national norm in 1971 in literal comprehension, but in 1980 black students were only 7.1 percentage points below the national average. This result was achieved in the face of an overall achievement gain for all tested students. Black students scored achievement gains at all three age groups, although increases were more significant for the 9- and 13-year-olds than for the 17-year-olds.
[826]*826This black achievement gain extends from reading into other disciplines, according to Burton & Jones, Recent Trends in Achievement Levels of Black/White Youth, Educational Researcher (April 1982). That article analyzes tests administered over five subject areas from 1969 to 1980 by the National Assessment of Educational Progress and concludes:
For the learning areas other than writing, the average difference between white and black 9-year-olds has shrunk from about 17 percentage points tó 10 or 11 over the 1970s. At age 13 (Figure 5) mathematics is relatively the most difficult area for black students. For the areas other than mathematics, means for 13-year-old black students were 17 to 18 percentage points below those for white students in 1970, but only 12 to 13 points below by 1980. A decrease in the difference between white and black students over time is evident at both ages. ¡¡S ;}{ if! * *
Typically, when achievement for white students has declined, that for black students has declined less; when whites have improved, blacks have improved more. The difference between the races has decreased at both ages in mathematics, science, reading, writing and social studies.
Id. at 11-12, 14.
Neither the National Assessment project nor authors Burton and Jones go so far as directly to attribute black achievement gains to desegregation. It is stated, however, that the findings “cast doubt on judgments that these social programs have failed.” Burton and Jones, supra at 10.
These recent studies, published after the District Judge’s decision, undercut his finding that the black-white achievement gap has narrowed only “slightly” and that improvement had plateaued in 1975. See 492 F.Supp. at 190-91 n. 46. On the contrary, the impact of these studies is that desegregation raises the level of black achievement.