Law & Courts

Court: New Mexico May Offset Federal Impact Aid to Its Districts

By Michelle R. Davis — January 11, 2005 3 min read
  • Save to favorites
  • Print

A school district will appeal a federal appellate-court ruling late last month that affirmed the state of New Mexico’s right to withhold funds to districts based on how much federal impact aid they receive.

A panel of the U.S. Court of Appeals for the 10th Circuit, in Denver, ruled 2-1 on Dec. 30 in favor of the U.S. Department of Education’s interpretation of the federal impact-aid law regarding when states may reduce their funding for districts that receive the federal aid.

Impact aid is federal money paid to school districts whose tax bases are limited by the presence of federal installations, such as military bases or American Indian reservations. In most cases, the federal law prohibits states from offsetting the subsidy by reducing their own aid to those districts.

An exception to the law, however, allows a state to offset the federal aid when its districts are substantially equalized in their per-pupil funding. The principle behind the exception is that when spending is equalized, the burden of the reduced tax base caused by the presence of federal installations in borne across the state. Currently, only three states—Alaska, Kansas, and New Mexico—are considered equalized under the impact-aid law.

At issue in the lawsuit filed against the federal Education Department by the 1,700-student Zuni, N.M., district is the method the department uses for determining whether per-pupil spending in a state is substantially equalized.

Under the law, if the disparity between a state’s highest- and lowest-spending districts is 25 percent or less, the state’s system is considered equalized, and the state may reduce its own aid to offset federal impact aid to individual districts. In making that calculation, which is based on per-pupil spending, the law calls for lopping off the top and bottom 5 percent of districts to eliminate anomalies.

But there are two ways to determine the top and bottom districts.

The federal Education Department’s rules say that those top and bottom percentiles should be calculated using total student enrollment statewide.

The Zuni district argued that the law calls for the calculation to be made merely by cutting off the numberof districts making up the top and bottom 5 percent, regardless of whether the enrollment for each of those groups of districts equals 5 percent of the total state enrollment.

The department’s method led New Mexico to qualify as having an equalized funding system because the spending disparity between the highest and lowest of the remaining districts was just 14.4 percent.

Under the method advanced by the Zuni district, New Mexico would not qualify as equalized and thus Zuni would keep all of its impact aid, which amounted to $8.2 million last year.

In its ruling, the 10th Circuit panel majority said the Education Department was using a “permissible construction” of the law for its method, and that basing the cutoff points on total student enrollment rather than the number of districts “makes sense.”

‘Complex and Mystifying’?

“Basing an exclusion on numbers of districts would act to apply the disparity standard in an unfair and inconsistent manner among states,” U.S. Circuit Judge Stephanie K. Seymour wrote.

In a dissent, U.S. Circuit Judge Terrence L. O’Brien said that the Education Department’s method was “complex and mystifying,” and that the federal impact-aid law plainly called for using the number of districts, not total enrollment, in the cutoffs.

“Quite reasonably, Congress wants the impact-aid payments to be applied for the intended (and expressed) purpose, not merely used as a federal supplement for a state’s general education needs,” the judge said.

New Mexico offsets 75 percent of what districts get in impact aid, said Ronald J. VanAmberg, a lawyer for the Zuni district.

“The school district is very disappointed with the decision,” said Walter Feldman, the superintendent of the Zuni district. “They’re taking money from the poorest students in the state.”

Related Tags:

A version of this article appeared in the January 12, 2005 edition of Education Week as Court: New Mexico May Offset Federal Impact Aid to Its Districts

Events

Webinar Supporting Older Struggling Readers: Tips From Research and Practice
Reading problems are widespread among adolescent learners. Find out how to help students with gaps in foundational reading skills.
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
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree
Recruitment & Retention Webinar EdRecruiter 2026 Survey Results: How School Districts are Finding and Keeping Talent
Discover the latest K-12 hiring trends from EdWeek’s nationwide survey of job seekers and district HR professionals.

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 How One Lawyer Helped Reshape Special Education at the Supreme Court
A documentary follows a lawyer behind major Supreme Court wins for students with disabilities.
9 min read
Roman Martinez, an attorney with Latham & Watkins, is featured in the Bloomberg Law documentary 'Supreme Advocacy.'
Roman Martinez, a Washington lawyer who has played a role in four U.S. Supreme Court cases about the rights of special education students, is featured in the Bloomberg Law documentary "Supreme Advocacy."
via YouTube
Law & Courts Supreme Court Weighs IQ Tests and Other School Records in Key Death Penalty Case
The court weighs the proper role of IQ tests for defendants claiming an intellectual disability.
8 min read
IQ test, paper sheet with test answer on the table
iStock/Getty
Law & Courts Supreme Court Orders New Review of Religious Exemptions to School Vaccines
The U.S. Supreme Court ordered a new look in a school vaccination case and declined to review library book removals.
6 min read
A U.S. Supreme Court police officer walks in front of the Supreme Court amid renovations as the justices hear oral arguments on President Donald Trump's push to expand control over independent federal agencies in Washington, D.C., on Dec. 8, 2025.
A U.S. Supreme Court police officer walks in front of the court amid renovations in Washington, on Dec. 8, 2025. The court took several actions in education cases, including ordering a lower court to take a fresh look at a lawsuit challenging a New York state law that ended religious exemptions to school vaccinations.
J. Scott Applewhite/AP
Law & Courts Supreme Court to Weigh Birthright Citizenship. Why It Matters to Schools
The justices will review President Trump's bid to end birthright citizenship, a move that could affect schools.
4 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House, Monday, Jan. 20, 2025, in Washington.
President Donald Trump signs an executive order to on birthright citizenship in the Oval Office on Jan. 20, 2025. The U.S. Supreme Court will consider the legality of Trump's effort to limit birthright citizenship, another immigration policy that could affect schools.
Evan Vucci/AP