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STATE OF MINNESOTA IN COURT OF APPEALS A08-1600 Independent School District No. 12, Centennial, Relator, vs. Minnesota Department of Education, Respondent. Filed June 23, 2009 Affirmed in part and reversed in part Minge, Judge Minnesota Department of Education File No. 08-082C Paul C. Ratwik, Nancy E. Blumstein, Erin E. Ische, Ratwik, Roszak & Maloney, P.A., 300 U.S. Trust Building, 730 Second Avenue South, Minneapolis, MN 55402 (for relator) Lori Swanson, Attorney General, Martha J. Casserly, Assistant Attorney General, 1200 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101 (for respondent) Considered and decided by Stauber, Presiding Judge; Minge, Judge; and Larkin, Judge. SYLLABUS 1. The federal Individuals with Disabilities Education Act (IDEA) requires

that a child's individualized education program (IEP) include the supplementary aids and services necessary to support that child's participation in selected extracurricular and nonacademic activities that the IEP team determines to be part of an appropriate education for that child.

2.

Under IDEA, an IEP need not include supplemental aids and services

(accommodations) related to a child's participation in an extracurricular activity that the IEP team determines is not required for an appropriate education of that child. 3. The procedural requirements of IDEA apply to a complaint challenging the

failure to include content allegedly required in an IEP. OPINION MINGE, Judge This case involves a fifth-grader, her parents, the administration of the school district, and the Minnesota Department of Education (MDE). The child has a disability and participates in special education. This appears simple. However, because special education is set up and governed by detailed legislation and regulations, special education programs involve numerous complexities and acronyms. Relator, Independent School District No. 12 (the district), appeals a decision issued by respondent MDE. The decision was in response to a complaint by the child's parents pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.

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