Law & Courts

High Court to Hear Impact-Aid Case

By Jessica L. Tonn — December 12, 2006 2 min read
  • Save to favorites
  • Print

The U.S. Supreme Court will hear arguments next month in a case filed by two New Mexico school districts that object to the way the U.S. secretary of education calculates which districts are eligible to receive impact aid for educating children who live on federal land or near federal installations.

In Zuni Public School District No. 89 v. Department of Education (Case No. 05-1508), the districts argue that the secretary violates a federal statute for determining which states can consider federal impact aid when allocating operating funds to districts. Both districts contain Indian reservation land.

The federal formula hinges on whether states have “equalized” funding systems, meaning that the disparity in per-pupil revenue between their wealthiest and poorest districts, excluding the top and bottom 5 percent, is less than 25 percent. A state with an equalized system can reduce funding to a district by the amount of the federal impact aid the district receives.

The districts contend that the secretary’s formula for determining therichest and poorest school systems contains an extraneous step that eliminates districts based on their attendance numbers. As a result, they say, 23 of the 89 districts in the state were eliminated even before the disparity test was applied, and the department unfairly labeled New Mexico as an equalized state.

According to the districts, the disparity between the richest and poorest districts is more than 25 percent when calculated by per-pupil revenues alone. By their calculation, only 10 school systems, should have been eliminated from the two ends of the scale.

Seeking Compensation

In its initial brief in the Supreme Court, the Bush administration defended the department’s procedure, saying that although the impact-aid statute sets forth the parameters for calculating state public education or revenues under the disparity test, the law does not contain a specific implementation of the disparity test.

The case is scheduled for arguments on Jan. 10.

See Also

The case comes against the backdrop of a push by Western states on the compensation issue. In Utah, educators are hoping that lawmakers will use the reauthorization of the No Child Left Behind Act to change the definition of districts that can be compensated for having significant proportions of federal land within their boundaries.

Patti Harrington, Utah’s state superintendent of public instruction, sent a letter to U.S. Rep. Rob Bishop, R-Utah, last month detailing her concerns about the No Child Left Behind Act, including the state’s loss of revenue from federal property.

“Utah recommends language such as: ‘When 50 percent or more of a school district’s land is owned by the federal government, this becomes an additional qualifier for impact-aid funding,’ ” she wrote.

A version of this article appeared in the December 13, 2006 edition of Education Week as High Court to Hear Impact-Aid Case

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
Teaching Profession Webinar
Evaluation Beyond the Checkbox: Turning Ratings Into Teacher Growth
Ratings alone don’t help teachers improve. Join us Nov. 10 to hear what happens after the evaluation: feedback, follow-up, and growth.
Content provided by Frontline Education
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
Assessment Webinar
The Assessment Trust Crisis: How to Measure Learning in the Age of AI
AI is reshaping learning. Is assessment keeping up? Join this webinar to explore how to measure student thinking, not just right answers.
Content provided by Instructure
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
From Student Trends to Counselor Action: Turning Insight Into Impact
Find out what is changing in how students approach planning for life after graduation and how schools can help.
Content provided by PowerSchool

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 Can This Religious Preschool Exclude LGBTQ Families and Still Get State Funding?
The Supreme Court appears ready to let Catholic preschools bypass Colorado’s LGBTQ+ anti-discrimination requirement.
5 min read
The Supreme Court is seen at day's end in Washington, Thursday, Oct. 1, 2026, as the justices prepare to begin the new term next week.
The U.S. Supreme Court, seen here in Washington on Oct. 1, 2026, appeared ready to side with Catholic preschools in challenging Colorado’s requirement that publicly funded providers sign an anti-discrimination pledge covering sexual orientation and gender identity.
J. Scott Applewhite/AP
Law & Courts Can Public Schools Try to Boost Diversity? Admissions Policies Face a New Test
Challenges to race-neutral methods for selective admissions are continuing.
6 min read
Photo collage of the Supreme Court building with a diverse group of teens superimposed over it.
Collage by Gina Tomko/Education Week + Canva
Law & Courts Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP