Vivian Calhoun, Infants, by Fred Calhoun, Their Father and Next Friend v. A. C. Latimer

On Petition for Rehearing

PER CURIAM.

It is ordered that the petition for rehearing filed in the above entitled and', numbered cause be, and the same is hereby denied.

The record before the court in this-case did not relate to any practices having to do with transfers and assignments for the 1963-64 school term. We-referred to certain deficiencies found in the Atlanta plan on that record, and affirmed on the premise that such deficiencies would be adjusted by those having-charge of the schools, or upon their failure, by the District Court.

The corrective action necessary in light of the deficiencies will entail the application of the plan in an even handed manner without regard to race-to all assignments of pupils new to a. school for admission in a desegregated grade in that school; and to all transfers, whether formal, informal or otherwise. Personality interviews to determine-probable success or failure in the schools-to which transfer and assignment is-sought may not be utilized where such *317a practice relates only to Negro pupils as was the case. No standard requiring that a transferee score a grade on scholastic ability and achievement tests equal to the average of the class in the school to which transfer is sought may be utilized, nor may any scholastic requirement whatever be used where applied only to Negro students seeking transfer and assignment as was the case in Atlanta in the administration of the plan approved by the District Court. The opinion is modified to make it clear that this corrective action must apply to transfers and assignments for the 1963-64 school term to the extent, if any, that the practices giving rise to the deficiencies may have been continued in use.

RIVES, Circuit Judge, dissents.