Law & Courts

Supreme Court Backs Federal Interpretation of Impact Aid Act

By Mark Walsh — April 17, 2007 2 min read
  • Save to favorites
  • Print

The U.S. Supreme Court today upheld the U.S. secretary of education’s method for calculating when states may offset federal impact aid to school districts that educate children living on federal land or near federal installations.

Ruling 5-4 in a case brought by two New Mexico school districts, the justices said the Impact Aid Act could be interpreted as allowing the secretary’s way for determining when a state has an equalized school funding system. Under the statute, states with equalized funding systems may offset the same amount that districts receive in federal impact aid.

For his majority opinion in Zuni Public School District No. 89 v. Department of Education (Case No. 05-1508), Justice Stephen G. Breyer consulted mathematics and statistics volumes, among other sources, to reach his conclusions about the “disparity” calculation at the center of the dispute.

The federal statute calls on the secretary to rank school districts in a given state by wealth and allow that state to offset the impact aid to districts only when the disparity between its wealthiest and poorest districts in per-pupil spending is 25 percent or less. Under the law, however, the top and bottom 5 percent of districts are eliminated from the calculation.

The Supreme Court upheld the method long used by the federal Education Department, which, instead of simply disregarding the top and bottom 5 percent of districts by the number of districts alone, takes student enrollment figures into account. That can alter the ultimate effect of the equalization provision.

In New Mexico, the secretary’s formula disregarded 23 of 89 districts in the disparity calculation, and under that method, the state passed the equalized-spending test.

The two school systems that sued, the 1,585-student Zuni district and the 13,000-student Gallup-McKinley County district, received $8.1 million and $26.8 million, respectively, in federal impact aid in fiscal 2006, the year at issue in the case. Indian reservation land is located within both districts.

District officials argued that under a proper application of the impact-aid law, the secretary would have only eliminated 10 districts from the state’s list, and the resulting disparity in per-pupil spending for the remaining districts would have exceeded 25 percent. As a result, New Mexico would not have been able to offset the districts’ federal aid.

Statute’s ‘Plain Language’

In his opinion for the court, Justice Breyer said the history of the Impact Aid Act supports the secretary’s method.

“The history and purpose of the disregard instruction indicate that the secretary’s calculation formula is a reasonable method that carries out Congress’ likely intent” when it added the language to the Impact Aid Act in 1994, Justice Breyer said.

Joining his opinion were Justices John Paul Stevens, Anthony M. Kennedy, Ruth Bader Ginsburg, and Samuel A. Alito Jr.

Justice Antonin Scalia issued a strongly worded dissent that was joined in full by Chief Justice John G. Roberts Jr. and Justice Clarence Thomas, and in part by Justice David H. Souter.

Justice Scalia said the majority was reaching beyond the text of the federal law.

“The plain language of the federal Impact Aid statute clearly and unambiguously forecloses the secretary of education’s preferred methodology for determining whether a state’s school funding system is equalized,” he said.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Building for the Future: Igniting Middle Schoolers’ Interest in Skilled Trades & Future-Ready Skills
Ignite middle schoolers’ interest in skilled trades with hands-on learning and real-world projects that build future-ready skills.
Content provided by Project Lead The Way

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court’s Gender Identity Ruling Leaves Schools Seeking Clarity
Advocates say they would welcome more from the Supreme Court on gender-notification policies.
7 min read
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington.
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington. The high court recently ruled that California policies that sometimes limit or discourage schools from disclosing information to parents about children’s gender transitions and expressions at school likely violate parents’ constitutional rights
Rahmat Gul/AP
Law & Courts Supreme Court Backs Parents in School Gender Disclosure Fight
The Supreme Court restored an injunction blocking California policies on student gender transitions
8 min read
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender in November 2025. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just sided against the district.
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender at a meeting in November 2025. Two parents and two teachers from the district sued in 2023, challenging California state guidance concerning student gender transitions and parental notification. The U.S. Supreme Court has now reinstated a lower-court decision overturning those state policies.
Charlie Neuman for The San Diego Union-Tribune/TNS
Law & Courts Appeals Court Allows Louisiana Ten Commandments Displays to Proceed
The court said it was premature to rule on the constitutionality of La. Ten Commandments displays.
3 min read
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Thursday, Oct. 16, 2025.
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Oct. 16, 2025. A federal appeals court has lifted a lower-court injunction blocking a Louisiana law that requires Ten Commandments displays, clearing the way for the law to take effect.
Eric Gay/AP
Law & Courts Social Media Companies Face Legal Reckoning Over Mental Health Harms to Children
Some of the biggest players from Meta to TikTok are getting a chance to make their case in courtrooms around the country.
6 min read
Social Media Kids Trial 26050035983057
Meta CEO Mark Zuckerberg leaves court after testifying in a landmark trial over whether social media platforms deliberately addict and harm children, on Feb. 18, 2026, in Los Angeles.
AP Photo/Damian Dovarganes