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Request for Another Hearing Filed in Special Education Lawsuit

Minnesota, February 9, 2010
A federal lawsuit against the Willmar School District isn’t finished yet.

An attorney for a former Willmar student has asked the entire Eighth Circuit Court of Appeals to hear arguments about whether the child may sue the district.

A three-judge panel said in January that Jackie Nelson, the child’s mother, did not have a valid claim against the school district.

The judges said that Nelson should have filed a complaint before she transferred her child to another district. Since she complained later, she no longer had a valid claim to seek compensatory educational services for her child, according to the panel’s opinion filed in January.

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