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<br />STATE OF MINNESOTA <br /> <br />Jftf5Ib/l)S~5 !i(c;M <br />P/?c~ 5c~ ~ <br />1f~r7J ~c/c:.. <br />.::p1I'1f:) . <br />DISTRICT COURT <br /> <br />COUNTY OF ANOKA <br /> <br />TENTH JUDICIAL DISTRICT <br /> <br />Matthew J. Look on behalf of his minor son <br />and Matthew J. Look on behalf ofthose City of <br />Ramsey residents similarly situated, <br /> <br />Court File No. CV-08-1739 <br /> <br />Plaintiff, <br /> <br />PACT MEMORANDUM OF LAW IN <br />OPPOSITION TO TEMPORARY <br />INJUNCTION AND IN SUPPORT OF <br />SUMMARY JUDGMENT <br /> <br />v. <br /> <br />PACT Charter School, <br /> <br />Defendant. . <br /> <br />INTRODUCTION <br /> <br />This action involves the interpretation of Minnesota Statute section 124D.1O, subd. 9(3) <br /> <br />(2006), which relates to charter school admissions. Charter schools are public schools generally <br /> <br />open on a first come first served basis. Each charter school has an approved capacity. When <br /> <br />applications for enrollment exceed capacity a lottery is held. However, the general lottery is <br /> <br />conducted only after certain preferences are considered under this subdivision. <br /> <br />Subdivision nine of section 124D.I0 sets out the admissions preferences and general <br /> <br />lottery provisions for charter schools. <br /> <br />A charter school may limit admission to: <br /> <br />(3) residents of a specific geographic area where the percentage of the <br />population of non-Caucasian people of that area is greater than the <br />percentage of the non-Caucasian population in the congressional district in <br />which the geographic-area is located, and as longas the school reflects the <br />racial and ethnic diversity of the specific area. <br /> <br />A charter school shall enroll an eligible pupil who submits a timely <br />application, unless the number of applications exceeds the capacity of a <br />program, class, grade level, or building. In this case, pupils must be <br />accepted by lot. If a charter school is the only. school located in a town <br />serving pupils within a particular grade level, then pupils that are residents <br /> <br />-128- <br />