TEXAS EDUC. AGENCY v. U.S. DEPT. OF EDUC.

No. 18-60500.

908 F.3d 127 (2018)

TEXAS EDUCATION AGENCY, Petitioner, v. UNITED STATES DEPARTMENT OF EDUCATION, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED November 7, 2018.


Attorney(s) appearing for the Case

Kyle Douglas Hawkins , Office of the Attorney General, Austin, TX, for Petitioner.

Stephanie Robin Marcus , Marleigh D. Dover , Assistant Director, U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Elisabeth Prince DeVos , Secretary, U.S. Department of Education, Carlos Muniz , U.S. Department of Education, Washington, DC, for Respondent.

Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges.


Under the Individuals with Disabilities Education Act ("IDEA"), a state may receive federal funding for special education, provided it complies with statutory requirements. One such condition — known as the "maintenance of state financial support" ("MFS") clause — prohibits a state from reducing the amount...

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