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<br />l24.D. 10 Subd. 9(3) that disadvantages all Ramsey resident <br />kindergarten pupils making application to the PACT Charter <br />School and disadvantages all Ramsey resident 6-12 applicants <br />making application to the PACT Charter SchooL <br />7. Further, defendant adopted and continues to adopt an erroneous <br />sibling preference list that disadvantages for enrollment Ramsey <br />kindergarten applicants in that current non-resident pupils (that <br />should not have had enrollment preference but for the erroneous <br />enrollment policy) with kindergarten siblings are currently being <br />given an enrollment preference at the expense of Ramsey residents. <br />8. That based upon information received from defendant, there are 36 <br />kindergarten spots available for the 2008-09 school year and 150 <br />total applications for kindergarten. Approximately 60 kindergarten <br />applications are Ramsey residents. <br />9. That based upon information received from defendant, there are <br />approximately 22 non Ramsey siblings with brothers or sisters <br />making application for kindergarten that had the correct policy <br />enrollment policy been in place in prior years would not have been <br />admitted to the schooL <br />10. That it is my belief that but for the continuing erroneous <br />application of law, kindergarten applicants with non-resident <br />siblings would be given greater preference for enrollment than <br />Ramsey residents. <br />11. As I understand defendant's current enrollment policy, a Ramsey <br />kindergarten resident would be competing with all other <br />applications for 14 spots. (36 total kindergarten spots -22 <br />"siblings" preference spots = 14 spots). 14 spots out of 150 <br />applications = 9% chance for enrollment. <br />12. My understanding of the correct enrollment policy would be to <br />have the preferenced Ramsey kindergarten applicants (60) compete <br />for the 36 available spots without the non-resident siblings (22) <br />who should not had a preference in the first instance. 36 spots out <br />of 60 applications = 60% chance for enrollment. <br />13. On or about January 2008, I had discussions with school <br />administrator Daniel De Bruyn, regarding what I believed to was a <br />statutory enrollment preference for Ramsey resident kindergarten <br />pupils making application to defendant given there was no other <br />kindergarten in the Ramsey city limits. I was advised at that time <br />that my understanding was incorrect because "town" as contained <br />in M.S, 124.D. 10 Subd. 9(3) was not synonymous with "city". I <br />was advised by Mr. De Bruyn that defendant would look into it. I <br />did not receive any supportive documentation of his position. <br />14. On or about January 2008, anticipating a lottery for kindergarten <br />applicants on February, 1,2008, I believed the defendant was <br />hedging on following the statutory mandates given his negative <br />opinions on the preference to Ramsey applicants, and would <br /> <br />-29- <br />