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

School Climate & Safety K-12 Essentials Forum Strengthen Students’ Connections to School
Join this free event to learn how schools are creating the space for students to form strong bonds with each other and trusted adults.
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
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
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
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

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 Oklahoma Nonbinary Student's Death Shines a Light on Families' Legal Recourse for Bullying
Students facing bullying and harassment from their peers face legal roadblocks in suing districts, but settlements appear to be on the rise
11 min read
A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school bathroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school restroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
Nate Billings/The Oklahoman via AP
Law & Courts Supreme Court Declines Case on Selective High School Aiming to Boost Racial Diversity
Some advocates saw the K-12 case as the logical next step after last year's decision against affirmative action in college admissions
7 min read
Rising seniors at the Thomas Jefferson High School for Science and Technology gather on the campus in Alexandria, Va., Aug. 10, 2020. From left in front are, Dinan Elsyad, Sean Nguyen, and Tiffany Ji. From left at rear are Jordan Lee and Shibli Nomani. A federal appeals court’s ruling in May 2023 about the admissions policy at the elite public high school in Virginia may provide a vehicle for the U.S. Supreme Court to flesh out the intended scope of its ruling Thursday, June 29, 2023, banning affirmative action in college admissions.
A group of rising seniors at the Thomas Jefferson High School for Science and Technology gather on the campus in Alexandria, Va., in August 2020. From left in front are, Dinan Elsyad, Sean Nguyen, and Tiffany Ji. From left at rear are Jordan Lee and Shibli Nomani. The U.S. Supreme Court on Feb. 20 declined to hear a challenge to an admissions plan for the selective high school that was facially race neutral but designed to boost the enrollment of Black and Hispanic students.
J. Scott Applewhite/AP
Law & Courts School District Lawsuits Against Social Media Companies Are Piling Up
More than 200 school districts are now suing the major social media companies over the youth mental health crisis.
7 min read
A close up of a statue of the blindfolded lady justice against a light blue background with a ghosted image of a hands holding a cellphone with Facebook "Like" and "Love" icons hovering above it.
iStock/Getty
Law & Courts In 1974, the Supreme Court Recognized English Learners' Rights. The Story Behind That Case
The Lau v. Nichols ruling said students have a right to a "meaningful opportunity" to participate in school, but its legacy is complex.
12 min read
Associate Justice of the U.S. Supreme Court William O. Douglas is shown in an undated photo.
U.S. Supreme Court Justice William O. Douglas, shown in an undated photo, wrote the opinion in <i>Lau</i> v. <i>Nichols</i>, the 1974 decision holding that the San Francisco school system had denied Chinese-speaking schoolchildren a meaningful opportunity to participate in their education.
AP