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<br />( <br /> <br />~.. <br /> <br />MEMORANDUM <br /> <br /> <br />Defendant is a charter schoollo~ated in the City of Ramsey, Minnesota, and enrolls <br /> <br /> <br />students in kindergarten l:!lld grades one through twelve. Plaintiff Look and PlaintiffDehen are <br /> <br />residents of the City of Ramsey, Minnesota, and each seeks to enroll his minor child in <br /> <br />Defendant's 2008-2009 kindergarten class. <br /> <br /> <br />Based on its interpretation of Minn. Stat. ~ 124D.I0, subd. 9, Defendant accords <br /> <br /> <br />admissions preferences to applicants who are the siblings of an enrolled pupil or who are the <br /> <br /> <br />foster children, in a "long-term placement," of the parents of an enrolled pupil (together, the <br /> <br /> <br />"Sibling Preference"), as well as those who live within two miles of the charter school but more <br /> <br /> <br />than five miles from the next closest public school (the "Proximity Preference"). The s~hool <br /> <br /> <br />does not extend an admissions preference to applicants who reside in the City of Ramsey. <br /> <br /> <br />Under Defendant's current admissions policies, applicants falling under either the Sibling <br /> <br /> <br />or Proximity Preference are admitted before all other applicants. If the number of applicants <br /> <br /> <br />qualifying for Sibling or Proximity Preferences exceeds the number of places in an entering <br /> <br />class, Defendant determines which students will be offered admission through a random lottery <br /> <br /> <br />among only those applicants qualifying for a preference. If tl,1e number of places in an entering <br /> <br /> <br />class is greater than the number of applicants qualifying for a Sibling or Proximity Preferenc~ <br /> <br /> <br />but not the total number of applicants, Defendant first offers admission to those students <br /> <br /> <br />qualifying for a preference, and conducts a lottery among the remaining applicants to determine <br /> <br /> <br />which will be offered admission. <br /> <br /> <br />As of February 8, 2008, a total of 156 children made timely applications for the thirty-six <br /> <br /> <br />places in Defendant's 2008-2009 kindergarten class, including Plaintiffs' minor children. <br /> <br /> <br />Twenty-six of the applicants were siblings of students attending PACT Charter School, and <br />