(ABC 6 News) – A lawsuit filed in Olmsted County District Court Monday by Casey McGregor, member of the group Say No To The Tax Man, challenges the Rochester Public Schools technology referendum on the ballot this November.

The lawsuit claims the proposal is falsely categorized and lacks the required definition of a capital projects levy and that RPS is misinforming the public about where the funds will go.

McGregor says RPS is misinforming the public about where the funds will go, claiming 70% will not go toward tech at all. She also says the only thing RPS guarantees is they will spend the money on operating expenses, but this violates how many Minnesota statutes define this type of project.

Rochester Public Schools says all of this is untrue.

The district met back with the lawyers who helped them draft the ballot question, and Superintendent Kent Pekel says they are very confident they structured the referendum proposal appropriately.

“The ballot question exactly identifies the technology services that it will go for,” said Pekel. “I think there’s a misunderstanding in the lawsuit that suggests a capital projects levy needs to go for a one specific project. That term is used to really describe equipment and material that supports the work of the school district.”

The district has held many sessions over the past weeks informing the public exactly what this money will go toward – cybersecurity and improvements to software and hardware technology.

Superintendent Pekel says he and the district’s lawyers are confident the vote will go forward next week and they look forward to seeing what people will decide.

McGregor says she is standing up for the parents and families who deserve to have their money well-spent.