Parent Ass'n of Andrew Jackson High School v. Ambach

LUMBARD, Circuit Judge:

Defendants New York City Board of Education and New York State Commissioner of Education appeal from the decision in the Eastern District of New York, Constantino, /., invalidating the Board’s plan for reassigning students of Andrew Jackson High School to other City high schools, on the ground that defendants failed to justify as necessary at least one of the racially restrictive provisions of the plan. We reverse and remand for further proceedings.

I

This case originated in June, 1976, as a class action filed on behalf of students and parents in the Andrew Jackson High…