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MINNESOTA CHARTER SCHOOL v. COMMISSIONER

No. A13-1232.

844 N.W.2d 223 (2014)

MINNESOTA TRANSITIONS CHARTER SCHOOL, Relator, v. COMMISSIONER OF THE MINNESOTA DEPARTMENT OF EDUCATION, Respondent.

Court of Appeals of Minnesota.

March 17, 2014.

Attorney(s) appearing for the Case

Minnesota Department of Education Cindy Lavorato , Booth & Lavorato LLC, Minnetonka, MN, for relator.

Lori Swanson , Attorney General, Kathryn M. Woodruff , Assistant Attorney General, St. Paul, MN, for respondent.

Considered and decided by CLEARY, Chief Judge; JOHNSON, Judge; and RODENBERG, Judge.

OPINION

CLEARY, Chief Judge.

Relator Minnesota Transitions Charter School challenges a decision of the Minnesota Department of Education (MDE) that relator is not eligible to operate its alternative-learning program (ALP) under Minn.Stat. § 123A.05 (2012). On appeal, relator argues that MDE erroneously interpreted section 123A.05, subdivision 1(a), and the related statutory scheme. Additionally, relator argues that MDE's decision constitutes an unpromulgated...

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