See Morgan, 831 F.2d at 320 n. 7 (rejecting 75% standard in district 72% black); Castaneda v. Pickard, 781 F.2d 456, 461 (5th Cir. 1986) (school 97.88% Mexican-American not a vestige of discrimination in district 88% Mexican-American); Ross, 699 F.2d at 220, 226 (affirming finding of unitariness for district 80% minority although 57 out of 226 schools were 90 + % one-race); Price, 694 F.2d at 336, 339-40 (schools not necessarily racially identifiable in district 88% white although 7 out of 8 elementary schools 90 + % white); Calhoun, 522 F.2d at 718-19 (85% black district unitary although more than 60% of schools all or substantially all black).See Dayton II, 443 U.S. at 529 n. 1, 99 S.Ct. at 2975, n. 1; Milliken v. Bradley, 418 U.S. 717, 726, 94 S.Ct. 3112, 3118, 41 L.Ed.2d 1069 (1974); Ross, 699 F.2d at 226; Lee v. Macon County Bd. of Educ., 616 F.2d 805, 808-09 (5th Cir. 1980).See Morgan, 831 F.2d at 320; Tasby, 713 F.2d at 91 n. 2; Ross, 699 F.2d at 226; Price, 694 F.2d at 364; Stout v. Jefferson County Board of Education, 537 F.2d 800 at 802 (5th Cir. 1976).

The District Court found that first graders would be subject to "a high risk of failure" if forced to participate in a busing program, but this court found such arguments an insufficient basis for exclusion. In Lee v. Macon County Board of Education, 616 F.2d 805 (5th Cir. 1980), the Fifth Circuit disapproved a neighborhood school plan in a case much like Kelley. In Lee, grades K-5 would attend neighborhood schools with the result that two-thirds of elementary black students would attend schools more than 95% black.

Id. at 528. Lee v. Macon County, 616 F.2d 805 (5th Cir. 1980) involved a district which, like DISD, has long been entangled in desegregation litigation. Ruling that the district court's reasons for retaining one-race elementary schools were "legally insufficient" the Circuit held:

See, e. g., Anderson v. County Board of Education, 609 F.2d 225 (5 Cir. 1980); United States v. Board of Education of Valdosta, 576 F.2d 37 (5 Cir. 1978); Boykins v. Fairfield Board of Education, 457 F.2d 1091 (5 Cir. 1972). We must also reject the school board argument that the existence of these schools is justified by demographic facts regarding residential patterns in Alexandria. Only last year, in Lee v. Macon County Board of Education, 616 F.2d 805 (5 Cir. 1980), we held that "[N]ot until all vestiges of the dual system are eradicated can demographic changes constitute legal cause for racial imbalance in the schools." 616 F.2d 805 at 810.

But in the face of such lack of stability, "[n]ot until all vestiges of the dual system are eradicated can demographic changes constitute legal cause for racial imbalance in the schools." Lee v. Macon County Board of Education, 616 F.2d 805, 810 (5th Cir. 1980); see Valley v. Rapides Parish School Board, 646 F.2d 925, 939 (5th Cir. 1981).

All prior proposals adopted by the Board have fallen significantly short of meeting constitutional requirements. This court's only objective is to see to it that the East Baton Rouge Parish school system is desegregated and, while the Court must maintain jurisdiction until the local authorities eliminate the former dual system, United States v. Texas Education Agency, 647 F.2d 505 (5th Cir. 1981); Lee v. Macon County Board of Education, 616 F.2d 805 (5th Cir. 1980), the court desires to hasten that process to its final conclusion whenever possible. The court recognizes that although there is no actual evidence of educational unsoundness of the single grade centers called for by the court's order, the Superintendent of Schools is convinced that single grade centers are educationally unsound.

Because we hold that the district court did not err in declaring that the FWISD had eradicated all vestiges of the dual system and that further measures to eliminate the remaining one-race schools would be impractical, we note that the district court did not prematurely conclude that residential patterns could constitute legal cause for racial imbalance in the schools. See Lee v. Macon County Bd. of Educ., 616 F.2d 805, 810 (5th Cir. 1980) (citing Flax v. Potts, 464 F.2d 865 (5th Cir.), cert. denied, 409 U.S. 1007, 93 S.Ct. 433, 34 L.Ed.2d 299 (1972)). The NAACP states that this case is similar to the Yonkers case. Though its brief never fully cites the Yonkers case, we presume that the NAACP means United States v. Yonkers Bd. of Educ., 837 F.2d 1181 (2d Cir. 1987).

We also reject the district court's refusal to require the DCSS to eradicate segregation caused by demographic changes. As the former Fifth Circuit stated in Lee v. Macon County Board of Education, 616 F.2d 805, 810 (5th Cir. 1980): Not until all vestiges of the dual system are eradicated can demographic changes constitute legal cause for racial imbalance in the schools.

Until a unitary system is created, a school system is not absolved from this duty by reason of demographic changes. Lee v. Macon County Board of Education, 616 F.2d 805, 810 (5 Cir. 1980). A district court's jurisdiction to grant further relief in school desegregation cases is not perpetual, however.

In carrying out its duty to eliminate the vestiges of unlawful desegregation in the school system, the district court has available to it the full panoply of remedial powers. Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971); Lee v. Macon County Board of Education, 616 F.2d 805 (5th Cir. 1980). When reviewing a district court's desegregation order, an appellate court is limited to determining whether the court's order was an abuse of discretion, Milliken v. Bradley, 433 U.S. 267, 97 S.Ct. 2749, 53 L.Ed.2d 745 (1977), and is bound by the district court's findings of fact unless clearly erroneous.