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Agenda - Council - 04/08/2008
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Agenda - Council - 04/08/2008
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Meetings
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Agenda
Meeting Type
Council
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04/08/2008
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<br />For the school, postponement of the lottery will cause harm by separating the families <br /> <br />that have been working for years under the belief that their siblings will have preference in <br /> <br /> <br />enrollment. Id., ~ 18. With the lottery postponed, the school will nono be able to fill a minimum <br /> <br /> <br />of 36 kindergarten,positions, 12 fifth grade openings and an unknown number of 1 st_4th and 7th_ <br /> <br /> <br />12th grade openings due to attrition. Id. The potential financial impact if PACT is kept from <br />filling its 36 kindergarten opening and 12 fifth grade openings would be significant, with losses <br />expected to exceed $200,000.00. Id. <br />The Minnesota Department of Education ("MDE") has been provided with and reviewed <br />PACT's enrollment policies numerous times since the school first opened its doors in 1994. Id., <br /> <br /> <br />~ 4. Prior to the January 25, 2008, letter MDE wrote to Senator Jungbauer, a copy of which was <br /> <br /> <br />sent to PACT, MDE never notified PACT of any problems with its enrollment policies, nor did <br /> <br /> <br />MDE ever advise PACT that a preference must be applied to favor City of Ramsey residents. Id. <br /> <br /> <br />At MDE's request, in recent years PACT has also submitted copies of the actual <br /> <br /> <br />enrollment applications for all students who have applied for admission. Id., ~ 5. Most recently, <br /> <br /> <br />this was done in fall 2007 when MDE requested applications from all charter schools. Id. Again, <br /> <br /> <br />MDE raised no issues with those applications that would suggest that PACT was erroneous in its <br /> <br /> <br />interpretation of M.S. A. S l24D.lO's preference requirements or in its admissions. !d. <br /> <br />DISCUSSION <br /> <br />A. LOOK IS THE ONLY PLAINTIFF <br /> <br />Look purports to represent "those City of Ramsey residents similarly situated." <br /> <br /> <br />. Minnesota law significantly limits the ability of an individual plaintiff to sue on behalf of <br /> <br /> <br />similarly situated potential plaintiffs. Minn. R. Civ. P. 23. There are four threshold prerequisites <br /> <br /> <br />before an action may be pursued as a class action: numerosity, commonality, typicality, and <br /> <br /> <br />representatives. Roger S. Haydock, David F.Herr and Sonja Dunnwald Peterson, 15 Minn. <br /> <br />7 <br /> <br />-134- <br />
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