A Legal Battle Ensues Over Special Education Funding Cuts in Texas

Governing: After arguing its case in a federal appeals court Wednesday, Texas will soon know whether its decision to spend $33.3 million less on students with disabilities in 2012 will cost it millions in future federal funding.

The U.S. Department of Education is attempting to withhold that same amount from Texas in special education grants, saying a 1997 statute prohibits states from reducing their funding for kids with disabilities from year to year. Texas appealed that determination to the Fifth Circuit Court of Appeals, claiming the federal statute is vague and the penalty should not be enforced.

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