Celebrating Black History Month: Forgotten Champions of Special Education
We all know the famous case of BROWN v. BOARD of EDUCATION (1954), that banned racial segregation in public schools. But have you heard about the landmark 1972 case of Peter MILLS v. BOARD of EDUCATION of the DISTRICT OF COLUMBIA? This class action, brought by a group of Black parents and caregivers, helped lay the foundation for the Individuals with Disabilities Education Act (IDEA) and subsequent creation of the U.S. Department of Education.
The Fight for Educational Inclusion
Prior to the IDEA, children with disabilities were often banned from public schools or warehoused into segregated, dead-end classrooms. Tax-paying parents were routinely told that schools lacked funding or the duty to educate their children. In the 1971-72 school year alone, over 12,000 children with disabilities were excluded from D.C. public schools. For Black children, these barriers were compounded by systemic racism, leaving them with no educational alternatives.
The Mills case involved seven Black children who were denied access to public education due to their disabilities. They were randomly labelled as “behavioral problems”, “mentally retarded”, “emotionally disturbed” or “hyperactive”. The District of Columbia refused to educate and train students with these and other disabilities and instead routinely excluded, suspended, expelled, reassigned and transferred them from regular classes—forever!
- 12-year-old Peter was labeled a “behavior problem”, expelled by his school principal and permanently banned from public school in the 4th
- 8-year-old George was never allowed to attend public school because D.C. Public Schools said he was “retarded”.
- C. Public Schools said 8-year-old Steven was “slightly brain-damaged and hyperactive”, and permanently expelled him from school in the 1stgrade because he wandered around the classroom.
- 16-year-old Michael was excluded from public school because he had epilepsy, despite his doctor’s medical opinion that he could attend.
- Janice, at 13 years old, had never been allowed to attend public school because she was considered “brain damaged and retarded”.
Their parents, refusing to accept this injustice, brought a class-action lawsuit against the D.C. Board of Education, arguing that denying their children an education violated their constitutional rights to due process and equal protection.
Judge Joseph Cornelius Waddy quoting Brown v. Board of Ed., ruled in favor of the parents, declaring that children with disabilities have an equal right to a public education. “In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.”
Judge Waddy’s landmark decision rejected the school district’s argument that educating children with disabilities “costs too much”, and instead established the principle that financial constraints can’t be used as an excuse to exclude them from school. Some IDEA rights that came from the Mills decision and the fight of these brave parents include:
- The right to a regular (general) public school education (FAPE)
- A presumption that among the alternative programs of education, placement in a regular public school class with appropriate ancillary services is preferable to placement in a special school class (Least Restrictive Environment or “LRE”)
- The right to an IEP – documentation outlining individual education plans for children with disabilities “suited to their needs”,
- The right to a due process hearing and review beforea change of placement
- The right to the identification and evaluation of students suspected of having a disability (“child find”), and
- the right of parents to challenge any evaluation made by public schools regarding educational placement (Independent Educational Evaluations or “IEEs”).
The Legacy of Mills: IDEA and Beyond
The Mills case, alongside Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania (1971), was instrumental in changing our national policy from one of exclusion to inclusion of children with disabilities in our schools.
In 1975, Congress passed the Education for All Handicapped Children Act, now known as the IDEA, guaranteeing a Free Appropriate Public Education (FAPE) in the least restrictive environment to every child with a disability.
Formation of the U.S. Department of Education
The parent advocacy that led to the passage of IDEA also played a role in shaping the broader educational landscape. In 1979, President Jimmy Carter signed legislation creating the U.S. Department of Education to “strengthen the federal commitment to ensuring access to equal educational opportunity for every individual”. Among other things, the DOE disperses about $15 billion a year for students with disabilities and oversees the IDEA, ensuring that the rights established by Mills continue to be protected.
Black Parents: The Unsung Heroes of Special Education Reform
The parents in Mills had modest incomes and some were single mothers on public assistance. They had no internet, social media or fancy college degrees—yet their courage and persistence secured rights for children with disabilities and transformed our nation’s education system. As we celebrate Black History Month, it’s important to honor these parents who fought for justice and paved the way for millions of children to access education today.
