SOUTH CAROLINA DEPT. OF EDUC. v. DUNCAN

No. 12-1764.

714 F.3d 249 (2013)

SOUTH CAROLINA DEPARTMENT OF EDUCATION; South Carolina State Superintendent of Education Mitchell Zais, Petitioners, v. Arne DUNCAN, Secretary of Education; United States Department of Education, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: April 26, 2013.


Attorney(s) appearing for the Case

ARGUED: Shelly Bezanson Kelly , South Carolina Department of Education, Columbia, South Carolina, for Petitioners. Alisa Beth Klein , United States Department of Justice, Washington, D.C., for Respondents. ON BRIEF: Wendy Bergfeldt Cartledge , Barbara Drayton , Karla Hawkins , South Carolina Department of Education, Columbia, South Carolina, for Petitioners. Philip H. Rosenfelt , Deputy General Counsel Delegated to Perform the Functions and Duties of the General Counsel, Joan DeLise Bardee , Attorney, Department of Education, Stuart F. Delery , Principal Deputy Assistant Attorney General, Mark B. Stern , Attorney, Appellate Staff, United States Department of Justice, Washington, D.C., for Respondents.

Petition for review granted and case remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge AGEE and Judge THACKER joined.


OPINION

NIEMEYER, Circuit Judge:

The Individuals with Disabilities Education Act ("IDEA") provides for grants of federal funds to States for the education of disabled children. To meet the eligibility requirements for the full amount of funds allocated to a State, that State must not reduce the amount of its own financial support for special education "below the amount of that support [it provided] for the preceding fiscal year." 20 U.S.C. § 1412(a...

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