DECISION and ORDER
CURTIN, District Judge
This court has been struggling with the issues in the Buffalo School Case since 1974. After a trial, the court found the defendant Board of Education ("the Board"), the City of Buffalo ("the City"), and the State of New York liable in a decision filed on April 30, 1976. Arthur v. Nyquist, 415 F. Supp. 904 (W.D.N.Y. 1976). The decision was affirmed in part by the United States Court of Appeals for the Second Circuit. Arthur v. Nyquist, 573 F.2d 134 (2d Cir. 1976). The court's finding of liability on the part of the Board and the City was affirmed, and that on the part of the State of New York was reversed.
In a decision to be filed in several weeks, the court will set forth in detail the history of the progress of the remedy phase of this case. But at the present time, the court will turn to the issues which require immediate resolution.
There are several applications pending. Many papers have been filed in support of each application, but the issues presented may be summarized as follows.
1. There are various motions by the City and other parties for a declaration of unitary status, or partial unitary status, under the principles laid down in Freeman v. Pitts, 503 U.S. 467, 118 L. Ed. 2d 108, 112 S. Ct. 1430 (1992), and Board of Education of Oklahoma City v. Dowell, 498 U.S. 237, 112 L. Ed. 2d 715, 111 S. Ct. 630 (1991).
2. The Board has submitted an Order to Show Cause why it should not be authorized to proceed to operate its schools in the 1995-96 school year at a funding level that it claims will not permit compliance with this court's desegregation orders to the extent of compliance in 1994-95.
3. The plaintiffs have filed a cross motion for an order directing the City to provide, in the 1995-96 school year, certain funds necessary to maintain programs that the plaintiffs consider crucial to the continued success of the desegregation program.
In Freeman v. Pitts, the Supreme Court reemphasized that "the duty and responsibility of a school district once segregated by law is to take all steps necessary to eliminate the vestiges of the unconstitutional de jure system." 503 U.S. at 485. In supervising a desegregation case, a district court's authority is limited: "A remedy is justifiable only insofar as it advances the ultimate objective of alleviating the initial constitutional violation." Id. at 489. "In the course of supervising desegregation plans, federal courts have the authority to relinquish supervision and control of school districts in incremental stages, before full compliance has been achieved in every area of school operations. 503 U.S. at 490. During the final phases of a desegregation case, "the District Court should address itself to whether the Board ha[s] complied in good faith with the desegregation decree since it was entered, and whether the vestiges of past discrimination have been eliminated to the extent practicable." 503 U.S. at 492 (quoting Dowell, 498 U.S. 237, 249-50). "Returning schools to the control of local authorities at the earliest practicable date is essential to restore their true accountability in our governmental system." 503 U.S. at 490. As the Supreme Court stated:
the court's end purpose must be to remedy the violation and, in addition, to restore state and local authorities to the control of a school system that is operating in compliance with the Constitution. . . . ("The federal courts in devising a remedy must take in account the interests of state and local authorities in managing their own affairs, consistent with the Constitution.") . . . In Dowell, we emphasized that federal judicial supervision of local school systems was intended as a "temporary measure." . . . Although this temporary measure has lasted decades, the ultimate objective has not changed--to return school districts to the control of local authorities. . . . [A] court [must] provide an orderly means for withdrawing from control when it is shown that the school district has attained the requisite degree of compliance. A transition phase in which control is relinquished in a gradual way is an appropriate means to this end.