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"). 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.
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.