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Prior to July 1, 2008, the Department reviewed school construction proposals and made decisions to approve, disapprove or modify the project. The review of the project went beyond the bricks and proposed classrooms. In the review, the Department looked at the amount of non-traditional classroom space in the project, the degree of community support, the district's graduation rate, ISTEP+ scores, and the steps the district took to reduce costs.
House Enrolled Act 1001-2008 initiated a change in the way school construction projects are approved. Since July 1, 2008, voters in the local community make the final determination regarding approval of school construction projects. The Department no longer is required to approve construction projects that are initiated after July 1, 2008. If community members do not object to the proposed project or they do not file enough signatures on a petition to initiate a referendum or petition and remonstrance process, the school district can move forward with its construction project. If 100 or more registered voters or property owners sign a petition opposing a school construction project within the legal timeframe, the project is subject to either the petition and remonstrance process or the referendum process. Elementary and middle school construction projects are subject to the referendum process, if the projected cost is more than $10 million, and high school construction projects are subject to the referendum process if the projected cost is more than $20 million. Construction projects with projected costs less than these thresholds but greater than $2 million will be subject to the petition and remonstrance process. In either process, if a majority of the participating individuals are in favor of the project, the district may proceed with the construction process.
Pursuant to IC 6-1.1-20-3.6(k), a political subdivision for which a public question regarding a controlled project is to be placed on the ballot to be voted on at a public question, must submit to the Department of Local Government Finance ("Department"), at least thirty (30) days before the election, the below information regarding the proposed controlled project for posting on the Department's Web site.
If a majority of the voters voting on the public question vote in favor of the public question, the political subdivision may issue the proposed bonds or enter into the proposed lease rental.
If a majority of the voters voting on the public question vote in opposition, the political subdivision may not issue the bonds or enter into the lease proposed lease rental. Another public question on the same or substantially similar public question may not be submitted to the voters earlier than one year after the date of the election.
Petition and Remonstrance Forms