Friery

ORDER

We have been asked to consider whether a school district’s race-conscious faculty transfer policy violates either the California or federal constitutions. Before we reach the merits of the claim, we must first consider whether the plaintiff has standing to bring suit. Because we conclude that the record is insufficiently developed to determine whether there is Article' III standing, we remand to the district court for the limited purpose of finding facts and making a determination of the plaintiffs standing.

I

James Friery, the plaintiff-appellant, is a physical education instructor at Van Nuys High School who sought to transfer to Van Nuys Math / Science Magnet School (“the Magnet School”). The Magnet School is located on the same campus as Van Nuys High School, and both are part of the Los Angeles Unified School District (“LAUSD”).

The LAUSD has adopted a Transfer Policy which bars intra-district faculty transfers that would move the destination school’s ratio of white faculty to nonwhite faculty too far from LAUSD’s overall ratio. Versions of the Transfer Policy have been in place for about 20 years, but LAUSD adopted the current Transfer Policy in 1997. As its name…