New Mexico Supreme Court
N.M. Pub. Educ. Dep't v. Zuni Pub. Sch. Dist. 89
February 12, 2018458 P.3d 362
Summary
The New Mexico Supreme Court affirmed the district court’s summary‑judgment ruling, holding that the Department may not deduct anticipated impact‑aid payments from a district’s SEG distribution before the State receives certification from the DOE Secretary, but may deduct impact‑aid payments for the entire fiscal year once certification is issued. The Court applied a de novo standard of review to the statutory interpretation questions. The decision also clarifies that the certification applies retroactively to all impact‑aid payments received during the fiscal year.