Document Type
Article
Publication Date
5-22-1990
Abstract
The State and City of New York (collectively "New York") petition this court to review an April 14, 1989 final decision of the United States Secretary of Education (the "Secretary") ordering repayment of $20,643,510 granted under Chapter 1 of the Education Consolidation and Improvement Act of 1981, Pub.L. No. 97-35, §§ 551-596, 95 Stat. 463-82 (the "Act").[1] The Secretary determined that New York violated section 558(b) of the Act by using the money to supplant, rather than to supplement, non-federal funding for a special educational program. The Secretary also determined that New York's violation of the supplanting prohibition was not excused under section 558(d) of the Act.
For the reasons that follow, we deny the petition.
Recommended Citation
Miner, Roger J., "State of NY v. US Dept. of Educ., 903 F. 2d 930 - Court of Appeals, 2nd Circuit 1990" (1990). Circuit Court Opinions. 255.
https://digitalcommons.nyls.edu/circuit_opinions/255
Comments
903 F.2d 930 (1990)
The STATE OF NEW YORK and The City of New York, Petitioners,
v.
The UNITED STATES DEPARTMENT OF EDUCATION, Respondent.
No. 841, Docket 89-4075.
United States Court of Appeals, Second Circuit.
Argued February 21, 1990.
Decided May 22, 1990.
New York Law School location: File #933, Box #125