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
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, and responsible adoption.
Content provided by Lightspeed Systems
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 Absenteeism Webinar
Removing Transportation and Attendance Barriers for Homeless Youth
Join us to see how districts around the country are supporting vulnerable students, including those covered under the McKinney–Vento Act.
Content provided by HopSkipDrive
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
Two Jobs, One Classroom: Strengthening Decoding While Teaching Grade-Level Text
Discover practical, research-informed practices that drive real reading growth without sacrificing grade-level learning.
Content provided by EPS Learning

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 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
Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts Mark Zuckerberg Quizzed on Kids' Instagram Use in Landmark Social Media Trial
The Meta chief testified in a court case examining whether the company's platforms are addictive and harmful.
5 min read
Meta CEO Mark Zuckerberg arrives for a landmark trial over whether social media platforms deliberately addict and harm children, Wednesday, Feb. 18, 2026, in Los Angeles.
Meta CEO Mark Zuckerberg arrives at a federal courthouse in Los Angeles on Feb. 18, 2026. Zuckerberg was questioned about the features of his company's platform, Instagram, and about his previous congressional testimony.
Ryan Sun/AP
Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP