State of California Department of Education v. William J. Bennett, Secretary of Education, United States Department of Education

The State of California Department of Education (California) petitions for review of a final decision of the Education Appeal Board holding the state liable for the return of $10,302,130 of overallocated federal grant funds extended under Title I of the Elementary and Secondary Education Act of 1965, as amended, for use in California’s migrant education program. California contends that the Secretary of Education lacks the authority to require the repayment of these monies. We disagree and deny the state’s petition.

FACTS

The Migrant Education Program (MEP) was created by the 1966 amendments to Title I of the Elementary and Secondary Education Act of 1965 (ESEA). The MEP provides federal funding for state programs addressing the special educational needs of the migratory children of migratory agricultural workers and fishermen. 20 U.S.C. §§ 2701 , 2761-63 (1982). It enables state educational agencies (SEAs) to obtain annual grants from the United States Department of Education (Department) to support their own migrant education programs. 20 U.S.C. § 2761 (a). Grants are awarded on the basis of a state’s average per pupil expenditures and estimated migratory child population. 20…