Augusta State University School Law EDLR 6430 Chapter 9

1
Augusta State UniversitySchool Law EDLR 6430
Chapter 9
Mills v. Board of Education of District of
Columbia United States District
Court, 1972

• Rights of Disabled Children

2
Education Is A Fundamental Right
3
The Facts

• The District of Columbia failed to provide
  students with disabilities publicly funded
  education and training.
• The District of Columbia was suspending,
  expelling, transferring, and reassigning students
  without proper due process procedures.

4
The students were labeled as has having a mental,
emotional, behavioral, or some other condition.
5
INITIAL RESULTS

• A consent decree and was agreed upon by both
  parties. However, the school district failed to
  develop a plan to active the proposed
  arrangements.
• The district said they needed additional funding.

6
The Court Was Not Happy.
so it issued a summary judgment!!!!.
7

• A summary judgment is rendered by the court prior
  to a verdict because no material issue of fact
  exists and one party or the other is entitled to
  a judgment as a matter of law.

8
The Judgment Directed.

• A junction against using exclusionary rules and
  procedures
• A provision of free and appropriate education
• Immediate and adequate programs
• Due Process
• Publication of the courts order
• A child find campaign
• A comprehensive plan for special education with
  provisions for identification, notification,
  assessment, and placement
• Curriculum, teacher qualifications, ancillary
  services
• Due Process Hearing Procedures

9

• Results From Mills v. Board of Ed. of District of
  Columbia
• A Free Appropriate Education
• An Individualized Education Program
• Due Process Procedures

Augusta State University