STATE EX REL. IND. SCH., ETC. v. DEPT. OF ED.

No. 47050.

256 N.W.2d 619 (1977)

STATE of Minnesota ex rel. INDEPENDENT SCHOOL DISTRICT NO. 276, Minnetonka, Appellant, v. DEPARTMENT OF EDUCATION of State of Minnesota, Respondent, Warren Courtland MacFarlane, Respondent.

Supreme Court of Minnesota.

July 1, 1977.


Attorney(s) appearing for the Case

Kelly & Larson, William F. Kelly and John C. Sanders, Excelsior, for appellant.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Donald J. Mueting, Sp. Asst. Atty. Gen., St. Paul, for Dept. of Ed.

Wright, Roe & Schmidt and Steven B. Schmidt, Minneapolis, for MacFarlane.

Peterson, Popovich, Knutson & Flynn, Peter S. Popovich and Robert A. Hughes, St. Paul, for Minn. School Boards Assoc., amicus curiae, seeking reversal.

Heard before ROGOSHESKE, PETERSON and SCOTT, JJ., and considered and decided by the court en banc.


SCOTT, Justice.

This is an appeal from an order of the district court reviewing a directive of the State Department of Education (Department). The matter arose when Warren Courtland MacFarlane (Mr. MacFarlane) filed with the Department an application to require the Minnetonka School District (Minnetonka) to defray the expenses of special instruction for his handicapped son, Warren Conley MacFarlane (Conley). By a directive dated August 13, 1975, the Department ordered...

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