Zuni Public School District No. 89 v. Department of Education

127 S. Ct. 1534, 20 Fla. L. Weekly Fed. S 143, 167 L. Ed. 2d 449, 550 U.S. 81, 53 A.L.R. Fed. 2d 739, 2007 U.S. LEXIS 4335, 75 U.S.L.W. 4198
CourtSupreme Court of the United States
DecidedApril 17, 2007
Docket05-1508
StatusPublished
Cited by136 cases

This text of 127 S. Ct. 1534 (Zuni Public School District No. 89 v. Department of Education) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zuni Public School District No. 89 v. Department of Education, 127 S. Ct. 1534, 20 Fla. L. Weekly Fed. S 143, 167 L. Ed. 2d 449, 550 U.S. 81, 53 A.L.R. Fed. 2d 739, 2007 U.S. LEXIS 4335, 75 U.S.L.W. 4198 (U.S. 2007).

Opinions

Justice Breyer

delivered the opinion of the Court.

A federal statute sets forth a method that the Secretary of Education is to use when determining whether a State’s public school funding program “equalizes expenditures” throughout the State. The statute instructs the Secretary to calculate the disparity in per-pupil expenditures among local school districts in the State. But, when doing so, the Secretary is to “disregard” school districts “with per-pupil expenditures . . . above the. 95th percentile or below the 5th percentile of such expenditures. ..in the State.” 20 U. S. C. § 7709(b)(2)(B)(i) (emphasis added).

The question before us is whether the emphasized statutory language permits the Secretary to identify the school districts that should be “disregardfed]” by looking to the number of the district’s pupils as well as to the size of the district’s expenditures per pupil. We conclude that it does.

I

A

The federal Impact Aid Act, 108 Stat. 3749, as amended, 20 U. S. C. § 7701 et seq., provides financial assistance to local school districts whose ability to finance public school education is adversely affected by a federal presence. Federal aid is available to districts, for example, where a significant amount of federal land is exempt from local property taxes, or where the federal presence is responsible for an increase in school-age children (say, of armed forces personnel) whom [85]*85local schools must educate. See § 7701 (2000 ed. and Supp. IV). The statute typically prohibits a State from offsetting this federal aid by reducing its own state aid to the local district. If applied without exceptions, however, this prohibition might unreasonably interfere with a state program that seeks to equalize per-pupil expenditures throughout the State, for instance, by preventing the state program from taking account of a significant source of federal funding that some local school districts receive. The statute consequently contains an exception that permits a State to compensate for federal impact aid where “the Secretary [of Education] determine^] and certifies . . . that the State has in effect a program of State aid that equalizes expenditures for free public education among local [school districts] in the State.” § 7709(b)(1) (2000 ed., Supp. IV) (emphasis added).

The statute sets out a formula that the Secretary of Education must use to determine whether a state aid program satisfies the federal “equalization]” requirement. The formula instructs the Secretary to compare the local school district with the greatest per-pupil expenditures to the school district with the smallest per-pupil expenditures to see whether the former exceeds the latter by more than 25 percent. So long as it does not, the state aid program qualifies as a program that “equalizes expenditures.” More specifically the statute provides that “a program of state aid” qualifies, i. e., it “equalizes expenditures” among local school districts if,

“in the second fiscal year preceding the fiscal year for which the determination is made, the amount of per-pupil expenditures made by [the local school district] with the highest such per-pupil expenditures . . . did not exceed the amount of such per-pupil expenditures made by [the local school district] with the lowest such expenditures ... by more than 25 percent.” § 7709(b)(2)(A) (2000 ed.).

[86]*86The statutory provision goes on to set forth what we shall call the “disregard” instruction. It states that, when “making” this “determination,” the “Secretary shall... disregard [school districts] with per-pupil expenditures ... above the 95th percentile or below the 5th percentile of such expenditures.” § 7709(b)(2)(B)(i) (emphasis added). It adds that the Secretary shall further

“take into account the extent to which [the state program reflects the special additional costs that some school districts must bear when they are] geographically isolated [or when they provide education for] particular types of students, such as children with disabilities.” § 7709(b)(2)(B)(ii).

B

This case requires us to decide whether the Secretary’s present calculation method is consistent with the federal statute’s “disregard” instruction. The method at issue is contained in a set of regulations that the Secretary first promulgated 30 years ago. Those regulations essentially state the following:

When determining whether a state aid program “equalizes expenditures” (thereby permitting the State to reduce its own local funding on account of federal impact aid), the Secretary will first create a list of school districts ranked in order of per-pupil expenditure. The Secretary will then identify the relevant percentile cutoff point on that list on the basis of a specific (95th or 5th) percentile of student population — essentially identifying those districts whose students account for the 5 percent of the State’s total student population that lies at both the high and low ends of the spending distribution. Finally the Secretary will compare the highest spending and lowest spending school districts of those that remain to see whether they satisfy the statute’s requirement that the disparity between them not exceed 25 percent.

[87]*87The regulations set forth this calculation method as follows:

“ [D]eterminations of disparity in current expenditures ... per-pupil are made by—
“(i) Ranking all [of the State’s school districts] on the basis of current expenditures .. . per pupil [in the relevant statutorily determined year];
“(ii) Identifying those [school districts] that fall at the 95th and 5th percentiles of the total number of pupils in attendance [at all the State’s school districts taken together]; and
“(iii) Subtracting the lower current expenditure . . . per pupil figure from the higher for those [school districts] identified in paragraph (ii) and dividing the difference by the lower figure.” 34 CFR pt. 222, subpt. K, App., ¶ 1 (2006).

The regulations also provide an illustration of how to perform the calculation:

“In State X, after ranking all [school districts] in order of the expenditures per pupil for the [statutorily determined] fiscal year in question, it is ascertained by counting the number of pupils in attendance in those [school districts] in ascending order of expenditure that the 5th percentile of student population is reached at [school district A] with a per pupil expenditure of $820, and that the 95th percentile of student population is reached at [school district B] with a per pupil expenditure of $1,000. The percentage disparity between the 95th percentile and the 5th percentile [school districts] is 22 percent ($1000 - $820 = $180/$820).” Ibid.

Because 22 percent is less than the statutory “25 percent” requirement, the state program in the example qualifies as a program that “equalizes expenditures.”

[88]*88c

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
127 S. Ct. 1534, 20 Fla. L. Weekly Fed. S 143, 167 L. Ed. 2d 449, 550 U.S. 81, 53 A.L.R. Fed. 2d 739, 2007 U.S. LEXIS 4335, 75 U.S.L.W. 4198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zuni-public-school-district-no-89-v-department-of-education-scotus-2007.