Commonwealth of Massachusetts, Department of Education v. United States Department of Education
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
This proceeding is the culmination of a struggle between state and federal sovereigns, fought against the backdrop of Part B of the Education of the Handicapped Act, 20 U.S.C. § 1400 et seq., §§ 1411-1420 (“EHA-B”). The protagonists are the Massachusetts Department of Education (hereinafter sometimes “MassEd” or “the Commonwealth”) and the United States Department of Education (“FedEd”). After much preliminary skirmishing, FedEd’s chief executive officer, the Secretary of Education (“Secretary”), determined that MassEd had impermissibly retained and reallocated certain…
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