Due to its small enrollment, the Petitioner district is required by Iowa Code section 423E.4(6) to obtain a certificate of need (CON) from the department prior to expending school infrastructure sales, services and use tax revenues on new construction projects. However, the Petitioner first needed a waiver from rule 96.5(4)"b", which states that a district is ineligible to even ask for a CON if projected enrollments for the grades to be served in the affected building are less than 25 students per grade. Such is the case for the Petitioner.

A supermajority of the voters of Northeast Hamilton voted "yes" on September 9, 2008, to the construction of a new elementary building, 23% of which is to be financed by the school infrastructure sales, services and use tax.

The waiver is granted. This order does not grant a CON to the Petitioner; it merely allows the district to now request a CON.