N.M. Pub. Educ. Dep't v. Zuni Pub. Sch. Dist. #89Annotate this Case
The issue this case presented for the New Mexico Supreme Court’s review centered on whether the New Mexico Public Education Department could take into consideration federal impact aid payments a school district receives, or is anticipated to receive, in the Department’s allocation of state equalization guarantee (SEG) distribution payments to the district during the fiscal year. The Court determined the Department could not reduce SEG distribution payments to a district based on anticipated impact aid payments or payments actually received until the State has received certification from the Secretary of the United States Department of Education (DOE Secretary) or the State has obtained permission from the DOE Secretary to consider impact aid prior to certification. Once the State has received its certification from the DOE Secretary, the certification shall apply retroactively to any impact aid payments received by the district during the entire fiscal year.