United States v. Pittman ex rel. Pittman

808 F.2d 385, 36 Educ. L. Rep. 1117
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 12, 1987
DocketNo. 85-4804
StatusPublished
Cited by1 cases

This text of 808 F.2d 385 (United States v. Pittman ex rel. Pittman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Pittman ex rel. Pittman, 808 F.2d 385, 36 Educ. L. Rep. 1117 (5th Cir. 1987).

Opinions

WISDOM, Circuit Judge:

For more than thirty years after Brown the elementary schools in Hattiesburg, Mis[386]*386sissippi, have remained almost totally segregated. In 1970 the United States filed suit against the State of Mississippi and several State agencies and officials, seeking the desegregation of thirteen school districts. The Hattiesburg Municipal Separate School District (HMSSD) intervened as a defendant. The district court approved a pupil assignment plan embodied in a consent decree between the United States and HMSSD and in 1971 approved the school system’s plan for further student desegregation, but the case lay dormant for a dozen years. The HMSSD filed the reports that it was required to file by the 1970 and 1971 orders. The district court found, however, “That the HMSSD has complied with all previous orders does not render the system unitary.” In February 1984, certain black children intervened, alleging that the HMSSD elementary schools 1 had never been adequately desegregated and that the United States had failed to protect the interests of black children in the district.

I. Background

HMSSD presents fewer barriers to desegregation than most school districts. Hattiesburg has a population of 40,000. The northeast and south residential areas of the city are predominantly black; the central and west areas of the city are predominantly white. The residential areas in the east and east-central areas of the city are more integrated. The school district is small, compact, and logistically manageable from the standpoint of desegregating by the pairing and clustering of schools. In its March 1985 report the HMSSD showed that there were in elementary schools, in grades one through six, 1740 blacks (59%) and 1195 whites (41%). Desegregation of secondary schools2 seems to have been adequate and proceeded without turmoil.

Five of eleven of Hattiesburg’s elementary schools are virtually all-black; three are more than 77 percent white, containing 905 of the 1173 white pupils. More than one third of all black children (609) attend Bethune School; five whites attend. Excluding students in grades other than 1-6 and special education students, at Grace Love School 100 percent of the children are black; at Jones 99 percent; at Eureka 94 percent; at Walthall 91 percent. Almost half of all whites in the elementary grades, 526, constitute 90 percent of the white pupils at Thames. At Grace Christian 80 percent of the children are white. At Woodley, 72 percent are white.

The HMSSD’s March 15, 1985 report filed with the court shows enrollment by race in the elementary schools:

School Blacks Whites Total % Black
Bethune 609 5 614 99
Jones 191 24 215 89
Eureka 165 12 177 93
Love 138 -0-138 100
Walthall 172 17 189 91
Eaton 57 38 95 60
Davis 116 66 182 64
Camp 101 109 210 48
Christian 47 184 231 20
Thames 57 526 583 10
Woodley87 214 301 29
Total 1740 1195 2935 59

[387]*387These figures show a somewhat smaller differential between blacks and whites than the plaintiffs’ figures because they include students not in grades 1-6 (pre-K and kindergarten) and also special education students.

In July 1984 the HMSSD and the United States entered into and filed with the court a proposed consent decree providing for the modification of attendance zone lines, creation of two magnet schools, increase of majority-to-minority transfers, and educational improvements of historically black schools. The court did not rule on this proposed consent decree.

In September 1984 the court approved a consent decree submitted by the HMSSD and the plaintiffs-intervenors setting out a procedure for the submission of alternative desegregation plans for the district elementary schools. Under that decree, at the request of HMSSD, the Title IV Racial Desegregation Assistance Center,3 and Dr. Larry Winecoff of the University of South Carolina, assisted by Dr. Barnett Joiner of Grambling University, submitted two plans, referred to as Foster Plan A4 and Foster Plan B.5 The HMSSD submitted its District Plan of December 10 6 and District Alternative Plan of December 10.7 The Superintendent’s Biracial Committee8 approved both plans. On January 21, 1985, the plaintiffs-intervenors filed a plan prepared by Dr. Michael Stolee of the University of Wisconsin-Milwaukee, based on pairing and clustering schools. The United States employed Dr. Christine Rossell, a political scientist at Boston University, to evaluate the plans in terms of interracial exposure produced.9 Dr. Rossell chose the District Alternative Plan as the best plan. The United States, the HMSSD, and the State of Mississippi entered into a proposed consent decree substantially the same as the District Alternative Plan with most of the changes Dr. Rossell recommended.

II. The Consent Decree or Magnet Plan

This plan, approved by the district court, is based on the conversion of two of the five virtually all-black elementary schools (Jones and Walthall) into magnet facilities, with specialized curricula. Equal numbers of black and white students to the number 240 would be admitted to these schools upon approval of their voluntary applications, so as to maintain a 50 percent black, 50 percent white enrollment in each facility. A third black school (Grace Love) would be consolidated with a small, racially [388]*388mixed facility (Eaton) that would be closed, resulting in a projected enrollment in grades one through six that would be 73 percent black. The two remaining virtually all-black schools, Bethune and Eureka, would neither become “magnets” nor have any white students in grades 1-6 reassigned to them. Up to 188 black students would be transferred from Walthall. Finally, several attendance zone changes would be made that would reassign black children to formerly white schools.

This appeal turns on the adequacy of the Consent Decree Plan to desegregate the elementary grades in Hattiesburg. In the opinion of this Court that plan is like a voice from the past crying for “gradualism”. Constitutionally, its desegregative effect is too little and too late. All of the parties seem to have worked in good faith, with wide spread community support, and with the help of experienced experts. Some of the educational improvements seem highly desirable, but do not necessarily bear any relation to desegregation. We remand the case to the district court with the suggestion that the parties try again and that they accelerate the desegregation process.

III. Magnet Schools and Effect on Other Schools

We start with the fact that until now the HMSSD has made no serious effort to desegregate its elementary grades.10 This long-continued operation of the dual system calls for its prompt and effective dismantling now.

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Bluebook (online)
808 F.2d 385, 36 Educ. L. Rep. 1117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pittman-ex-rel-pittman-ca5-1987.