Pugh v. Hunt Motion for Determination that Action May be Maintained as a Class Action

    IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

JEREMIAH BLACKWELL, JR., ETAL PLAINTIFFS 

UNITED STATES OF AMERICA AMICUS CURIAE 

APPELLANTS 

VS. 

THE ANGUILLA LINE CONSOLIDATED 
SCHOOL DISTRICT, ET AL DEFENDANTS 

APPELLEES 

Nos. 28030 and 28042 

ON APPEAL FROM THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI. 

RECOMMENDED AND PROPOSED ORDER 
  

In obedience to the order entered in these causes on October 3l, 

1969, the defendants recommend and propose the following order which 

will properly effectuate and implement the opinion and decree of the Su- 

preme Court of the United States rendered on October 29, 1969, in the 

above named case: 

ORDER 
  

Pursuant to order dated October 29, 1969, and mandate of the 

Supreme Court of the United States and in order to activate and effectuate 

the provisions and requirements thereof, it is ordered by the Court: 

1. Vocational courses, including shop and agriculture, for grades 

9-12 will be discontinued at the Anguilla Line School. All students at the 

Anguilla Line School in grades 9-12 taking vocational subjects are required 

to attend those classes at the Henry Weathers School. 
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2. The Nurse's Aid Program will continue at the Sharkey- 

Issaquena Hospital. All students at the Anguilla Line School in grade 

12 desiring this subject will take the course at the Hospital with the 

students from the Henry Weathers School. 

3. Gainful Employment Home Economics will not be offered at 

the Anguilla Line School. Any student desiring this subject will be re- 

quired to take the course at the Henry Weathers School. 

4. All students at the Anguilla Line School in grades 9-12 de- 

siring to take French, Spanish, Art, Band or Driver Education will be 

required to take these courses at the Henry Weathers School. 

S. A Remedial Educational Center will be established at the North 

Sharkey Elementary School. Remedisl programs in Reading-Language 

Arts and Mathematics will be conducted at the North Sharkey School. All 

students in grades 1-6 who are below normal for their age and grade will 

receive this remedial education. Students will be assigned to the remedial 

courses based upon achievement test scores and teacher estimates of 

student deficiencies. 

6. An Educational Services Center will be established by tiie 

Sharkey-Issaquena Line Consolidated School District. Remedial programs 

in Language Arts and Mathematics will be conducted at the Educational 

Services Center for students in grades 7-9 of the Anguilla Line Consolidated 

School District attending the Henry Weathers School. 

7. Twenty-two classrooms will be established in the North Sharkey 

Elementary School with a maximum capacity of thirty ors per class- 

room. Students in excess of the capacity of said classrooms, as designated 

for each grade, will be transferred to the Anguilla Line Consolidated School. 

The specific students to be so transferred will be selected by the Principal 

of the North Sharkey Elementary School. 

8. The defendants will initiate a policy of having district faculty 

 



  

and staff meetings. 

9. Defendants will include in the district Title I project a program 

for writing a complete course of study for each grade and subject taught in 

the schools of the district. Professional assistance will be secured to di- 

rect the overall project. All teachers and staff of the district will be in- 

volved. Work will be done in small groups arranged on the basis of grades 

and subject field, This work will begin as soon as Title I approval can be 

secured and a director can be employed. If Title 7 sind are not available, 

the project will be undertaken with district funds. Weekly or bi-monthly 

meetings will be organized, and attention will be given to multiethnic 

materials. 

10. Teacher visitations will be established, and the visiting teacher 

will teach a class in the visited school. 

11. In-service activities will be evaluated by using individual tea- 

cher evaluations. These evaluations will be made at periodic times during 

the school year to provide new dimensions as well as directions for pre- 

sent and future programs. 

12, All programs and activities conducted or sponsored by the 

district will be open to all students and parents without regard to race. 

13. The district shall permit a student attending a school in which 

his race is in the majority to choose to attend another school where space 

is available, and where his race is in a minority without restrictions re- 

lated to race, but subject to reasonable and proper educational standards. 

14. If the district grants transfers to students living in the district 

for their attendance at public schools outside the district, or if it permits 

transfers into the district of students who live outside the district, it shall 

do so on a non=-discriminatory basis. 

15. Effective immediately, the district may no longer operate a 

dual school system based on race or color, and the district shall begin im- 

   



  

mediately to operate as a unitary school system within which no person 

is to be excluded effectively from any school because of race or color. 

16. While this school system is being operated under this order, 

the District Court for the Southern District of Mississippi may hear and 

consider objections thereto or proposed amendments thereto, provided, 

however, this order shall be complied with in all respects while the 

District Court considers such objections or amendments, if any are made. 

No amendment shall become effective before being passed upon by this 

Court. 

17. This Court retains jurisdiction to insure prompt and faithful 

compliance with this order. 

18. The implementation of the foregoing plan shall be operative 

commencing with the first day of the second semester of the current school 

year. 

Respectfully submitted, 

/ 

Jule Ly nf, a. Alot A JI! 
  

Herman C. Glazier/J]r. 74 
Attorney for Defendants ( 

Box 368 
Rolling Fork, Mississippi 39159 

 



  

CERTIFICATE OF SERVICE 

I hereby certify that copies of the foregoing Recommended and: 

Proposed Order were served on the Appellants on this 4th day of November, 

1969, by mailing copies of same, postage prepaid, to their counsel of 

record at the last known address as follows: 

Melvyn R. Leventhal, Esq. 
Reuben V. Anderson, Esq. 
Fred L.. Banks, Jr. , Esq. 
John A. Nichols , . ESq. 

538 1/2 North Farish Street 
Jackson, Mississippi 39202 

Jack Greenberg, Esq. 
Jonathan Shapiro, Esq. 
Norman Chachkin , Esq. 
Norman C. Amaker, Esq. 

Suite 2030 
10 Columbus Circle 
New York, New York 10019 

Jerris Leonard, Esq. 
Assistant Attorney General 
Department of Justice 
Washington, D. C. 20530 

Robert E. Hauberg , Esq. 
United States Attorney 

Post Office Building 
Jackson, Mississippi 39205 

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Herman C. Glaziery/]r, 
Attorney for Defendants 
Box 368 
Rolling Fork, Mississippi 39159