The Case Of Mills V Board Of Education Of District Of Columbia

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Legal Issues
There are several federal laws governing special education which include: Section 504 of the Rehabilitation Act of 1973, Individuals with Disabilities Education Act (IDEA), Family Educational Rights and Privacy Act (FERPA), No Child Left Behind (NCLB), and Americans with Disabilities Act (ADA).
Not all students with disabilities are eligible for special education and related services under federal and state special education laws. “In order to be eligible for special education and related services under federal and state law, a student must qualify under one of the thirteen eligibility categories found in the Individuals with Disabilities Education Act (IDEA). Among the categories is emotional disturbance (ED), which is defined …show more content…

Board of Education of District of Columbia (1972) “was brought against the District of Columbia because of its schools not providing public education and training to children with disabilities” (Weebly, n.d.). Peter Mills, age 12, was removed from school due to behavior problems. Jerome James, also 12, was labeled as mentally retarded and never allowed to set foot in a school building. There was a total of seven children involved in the case. At the time of the case, statistics showed that approximately 18,000 out of 22,000 students with disabilities in the District of Columbia were prohibited from participating in public education without due process. The courts ruled in favor of the plaintiffs in this case. It was determined that “all children in the District of Columbia have a right to free public education, and that those with disabilities should be thoroughly reviewed and placed in appropriate programs” (Weebly, n.d.). This case was significant because it highlighted that all children, even those with disabilities such as emotional disturbance, “have the right to a public education that accounts for their needs and abilities. This case helped pave the road to The Education of All Handicapped Children Act (EHC) of 1975, federal legislation that was enacted to protect this right” (Weebly,