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
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
Reading & Literacy 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

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 Schools Can’t Bar Teachers From Telling Parents If Kids Are Transgender, Judge Rules
The injunction bans any public school employee from misleading parents about their child’s gender presentation at school.
Kristen Taketa, The San Diego Union-Tribune
5 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. 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 ruled against the district.
Charlie Neuman for The San Diego Union-Tribune/TNS
Law & Courts Federal Appeals Court Upholds 8th Grader's Expulsion Over Gun Comments in Class
Shortly after a nearby mass school shooting, a student allegedly discussed bringing a gun to school.
3 min read
Photo of stone columns.
E+
Law & Courts Trump's Education Policies Spurred 71 Lawsuits in 2025. How Many Is He Winning?
The legal challenges show which policies have had a big impact and how 2026 could go.
5 min read
President Donald Trump holds up an executive order after signing it at an indoor Presidential Inauguration parade event in Washington, Jan. 20, 2025.
President Donald Trump holds up an executive order after signing it at an indoor presidential inauguration parade event in Washington on Jan. 20, 2025. Trump's executive actions prompted legal challenges virtually from the moment he took office, and education-related policies were not immune.
Matt Rourke/AP
Law & Courts From Ten Commandments to Tariffs: A Fall Legal Roundup
Key court cases on transgender rights, religion, speech, and policy could reshape U.S. schools.
7 min read
Photo illustration of legal books, scales and gavel.
iStock