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INDEPENDENT SCH. DIST. v. DEPT. OF EDUC.

No. A07-1.

743 N.W.2d 315 (2008)

INDEPENDENT SCHOOL DISTRICT NO. 281, Robbinsdale, Minnesota, Relator, v. MINNESOTA DEPARTMENT OF EDUCATION, Respondent.

Court of Appeals of Minnesota.

January 8, 2008.

Attorney(s) appearing for the Case

Stephen M. Knutson, Peter A. Martin, Knutson, Flynn & Deans, P.A., Mendota Heights, MN, for relator.

Lori Swanson, Attorney General, Martha J. Casserly, Assistant Attorney General, St. Paul, MN, for respondent.

Considered and decided by KLAPHAKE, Presiding Judge; SHUMAKER, Judge; and WORKE, Judge.

OPINION

SHUMAKER, Judge.

Relator Independent School District No. 281 appeals from an order by respondent the MDE, which concluded that the district violated Minn.Stat. §§ 125A.03 and 125A.18 (2006) and 34 C.F.R. § 300.309 (2006) by its policy of unilaterally limiting the special instruction and services, particularly extended school year (ESY) services, it made available to all disabled, nonpublic-school students in the district. The MDE's...

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