Agenda - Council Work Session - 04/01/2008

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2 for preference in admissions under the statute. In the meantime, :MDE broadly interprets the statute to require that a student should get preferential admission before applicants accepted by lottery if that student is seekinQ: to enroll in a QIade level that is not provided bv anv other school in his or her tOvvn or city. For example, in a town that has a charter school serving grades K-6, but does not have any other school (such as a public school) in their actual town or city that serves students in grades K-6, a student resident of the town should get preference for admission before other students from outside the town or city are admitted. In this case, residents of the city of Ramsey, "Minnesota are also served by Ramsey Elementary School, which offers enrollment in grades 1-5, in the Anoka-Hennepin district. Therefore, l\IDE interprets :Minn. Stat. 9 124D.10, Subd. 9 to state that if the student is seeking to enroll in any of grades 1-5 at PACT c!J.arter school, the student would not have an admissions preference at PACT charter school because PACT charter school is not "the only school located in a town serving pupils \vithin a particular grade leveL.." However, if the student is attempting to enroll in any other grade level not offered at Ramsey Elementary, such as kindergarten or grades 6-12, . then this student would have an admission preference at PACT charter school. Residents in the city of Ramsey, lvfumesota, served by the Elk River School district do not have any public schools in Ramsey, lY.lN in grades K-12. Therefore, if the resident student from the Elk River School District yvere attempting to enroll at PACT in grades K-12, then this student would have an admission preference at PACT charter school. In addition, MDE interprets the statute to require that a student should get preferential admission before applicants accepted by lottery if that student lives within 2 miles of PACT charter school a.nd lIves more than 5 miles awav from any other public school in the area. In this instance, the statute does not say that the other public school must be in the same town or city as the student resides in. Therefore, if the student lives within two miles of PACT charter school, and lives five or more miles from any other resident, public school to which he or she is assigned, not limited to Ramsey Elementary, the student would get an admission preference. However, if the student lives within five miles of any other resident, public school to which he or she is assigned, the student would not get an admission preference, even if the student lives within two miles of P ACT charter school. Essentially, 11DE interprets the statute as providing preference in admission if the student both lives within wo miles of PACT charter school and lives further than five miles from any other resident, public school to which he or she is assigned. The statute does not require that both of these grade level or geographic circumstances must be met to receive an admission preference. Therefore, MDE interprets the statute to say that if the constituent meets either of these wo conditions regarding grade level service or geographic proximity, then the student should have preference in admission before other students who. do not satisfy either of these conditions are accepted by lottery. Thank you againfor contacting},IDE 'with your inquiry; If you should have further questions or would like additional information "regarding this topic, please contact Julie Henderson at 651- 582-8299 or iulie.m.henderson((1).state.mn.us -34- 2