*Miller v. Board of Education was filed on this date in 1952.
The plaintiffs were Black, deaf, school-age residents of the District of Columbia. The defendants were the Board of Education, its members, the Superintendent of Schools, the Board of Commissioners of the District and its members, the Federal Security Administrator, the Board of Directors of the Columbia Institution for the Deaf, and its directors. The Columbia Institution for the Deaf operates a school for the education of deaf children in the district.
The plaintiffs claimed that all requests to admit them to the Columbia Institution had been refused. They also pray for injunctive relief to compel defendants to educate them and others similarly situated within the District of Columbia and at the Columbia Institution for the Deaf.
The District of Columbia moved to dismiss because the complaint fails to state a claim against them upon which relief can be granted or, in the alternative to granting summary judgment, on the ground that there is no genuine issue regarding any material fact. The district defendants have filed a similar motion. The defendant's federal security administrator has answered, and no motion has been made before me for the decision on his behalf. The case's outcome was partly responsible for the opening of Kendal School for the Deaf.
The presiding judge stated for the record herein that the President of the Columbia Institution has advised the Superintendent of Schools that provision will be made for the education of colored deaf children in segregated classes in its school. The Board of Education has agreed to recommend making a contract for the Columbia Institution to educate colored deaf children of the district, commencing in September 1952.
