United States Tenth Circuit

The Department of Education's certification that the state of New Mexico was equalized, which allows New Mexico to offset its contributions to local education agencies by a proportion of the federal Impact Aid payments made to those agencies, is affirmed.

Appellate Information

• Decided 12/31/2004
• Published 12/31/2004

Judges

• SEYMOUR, Circuit Judge., Before SEYMOUR, HENRY and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Ronald J. VanAmberg, of Roth, VanAmberg, Rogers, Ortiz, Fairbanks & Yepa, LLP, Santa Fe, NM, for Petitioner, Zuni Public School District No. 89., George W. Kozeliski, Gallup, NM, for Petitioner, Gallup-McKinley County Public School District No. 1., Jonathan D. Tarnow, Special Assistant Attorney General for the State of New Mexico (Leigh M. Manasevit, Special Assistant Attorney General for the State of New Mexico, and Brustein & Manasevit, on the brief), Washington, DC, for Intervenor.


• For Appellees:
  
• Mark W. Smith (Stephen H. Freid with him on the brief), Office of the General Counsel, United States Department of Education, Washington, DC, for Respondent.