Chula Vista City School District v. T.H. Bell, United States Secretary of Education, Chula Vista City School District v. T.H. Bell, United States Secretary of Education

762 F.2d 762 53 USLW 2631 CHULA VISTA CITY SCHOOL DISTRICT, Plaintiff/Appellee, v. T.H. BELL, United States Secretary of Education, Defendant/Appellant. CHULA VISTA CITY SCHOOL DISTRICT, Plaintiff/Appellant, v. T.H. BELL, United States Secretary of Education, Defendant/Appellee. Nos. 83-5627, 83-5631. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1984. Decided June 4, 1985. Donald Jay Solomon, Leonard W. Pollard, II, San Diego, Cal., for Chula Vista City School Dist. Howard S. Scher, Dept. of Justice, Washington, D.C., for T.H. Bell. On appeal from the United States District Court for the Southern District of California. Before WALLACE, BOOCHEVER and HALL, Circuit Judges. BOOCHEVER, Circuit Judge: 1 At issue is the validity of a rule used by the Secretary of Education in determining the amount granted to local school districts by the federal government to compensate them for the burden of educating children who live on federal property that the districts cannot tax. We uphold the Secretary's rule. BACKGROUND 2 Most school districts and local education agencies (LEA's) are funded by a tax on the value of real property within their boundaries. States…