State of California, Department of Education v. William J. Bennett, Secretary, Department of Education
Opinion
Opinion
The State of California Department of Education petitions for review of the final decision of the Secretary of Education ordering the state to refund a total of $410,-872 in federal funds granted under Title I of the Elementary and Secondary Education Act and found to have been misspent. We deny the petition.
The Migrant Education Program (MEP), created by the 1966 amendments to Title I of the Elementary and Secondary Education Act of 1965 provides funding for state programs that address the special educational needs of the children of migrant agricultural workers. 20 U.S.C. §§ 2701 , 2761-63 (1982). MEP enables state educational agencies to obtain annual grants from the United States Department of Education to support their own migrant education programs. 20 U.S.C. § 2761 (a) (1982).
The State Department of Education administers a MEP. The state received Title I MEP funds and in fiscal years (FY) 1980-82 provided approximately $9 million of those funds to the Butte County California Superintendent of Schools (BCCSS) as sub-grants covering two program years, 1979-80 and 1980-81. BCCSS used the sub-grant to operate California’s Mini-Corps Program.