What Is The Legal Case Of Mills V Board Of Education

Legal Case Review: Mills vs. Board of Education and Larry P. vs. Riles Special education as we currently know it has been shaped in large part by court cases and subsequent legislation. After the Brown vs. Board of Education case was decided there was a demand for change. During the 1950’s and 1960’s, a group of researchers began to study the current special education system. These efficacy studies were looking specifically for achievement of the intellectually disabled in general education versus separate (or special) education classes. This 1965 research showed that students with intellectual disabilities who were educated in a general education setting, “achieved more academically than those in special classes,” (Goldstein, Moss & Jordan).

However, the D.C. Board of Education failed to implement their requirements. In August 1982, judgment was made in favor of the plaintiffs. Judge Waddy ordered that D.C. Board of Education provide publicly funded education to all students regardless of the district’s ability to pay. Judge Waddy citing Brown v. BOE noted that public education is, "a right which must be made available to all on equal terms," (Mills v. Board of Education of District of Columbia). The ruling included the provision for evaluation of all students with exceptionalities in order to create an appropriate educational plan for each of them. Judge Waddy also required the D.C. Board of Education to publish enrollment information for all students previously excluded in the Washington Post, Washington Daily Star and the Afro-American. The Mills case was one of the first where parents (or Guardian ad Litem) used the court system as a method for securing their children’s right to education. This ruling shaped the pillars of the Education for all Handicapped Children Act as well as the Individual Education

The argument was also made that while the intelligence test was the standardized data used, it was not the sole basis for the decision. They contended that the intelligence test score was simply used to solidify their opinions of mental retardation. The defense also used the basis of predictive validity. They argued that predictive validity is a proven measure of future success, therefore these students would likely not be successful in their future education. As the case was further argued and the issue of disproportionality was addressed, the defense argued that the reasons there was such a high number of African-American and Hispanic students in EMR were due to genetic factors and socio-economic status of those