Mills v the Board of Education of the District of Columbia (1972)

The Mills case was a class action suit brought against the schools of the District of Columbia on the behalf of 7 African American students who were permanently expelled for behavior problems, physcial disabilities, hyperactivity, mental retardation, and problems associated with their emotional disabilities. The plaintiffs based their claim on a gross failure to provide "equal educational opportunities" to the students who were expelled.

The court found that the District of Columbia had violated the due process and equal protection clauses of the Constitution by expelling these children for behaviors related to their disabilities. The court stated that all children, regardless of their disability, have a right to a "free appropriate education." Expulsion without the access to an alternative education and without a prior hearing was in violation of the students' due process rights. Despite the contentions of the school district that educating these children posed an undue financial burden on the school system, the court found that this was insufficient and unjustified. Children with disabilities cannot be excluded from public education simply to conserve financial resources. Any such attempt to do so constitutes discrimination. Furthermore, the court found that all children are entitled to an education that meets their needs (an appropriate education) and that the child should be educated with their non-disabled peers (later codified as the least restrictive environment). This sentiment is summed up in the following statement:

"all school children are entitled to a public education and they should be assigned to regular public classrooms. Reassignment should only occur if the alternative is more suited to meet the child's needs and only after notice and a hearing."

The Mills case was important in that it:

  1. reiterated the rights of children with disabilities to due process and,
  2. stated that all children, regardless of their disability were Constitutionally guarantteed access to a free and appropriate education and provided a rationale for the least restrictive environment.