AGO 81-004.

Case DateFebruary 03, 1981
CourtNorth Dakota
North Dakota Attorney General Opinions 1981. AGO 81-004. STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 81-4Date Issued: February 3, 1981Requested by: Howard Snortland, Former Superintendent of Public Instruction (delivered to Dr. Joseph Crawford, Superintendent of Public Instruction)- QUESTION PRESENTED - Whether the State Board of Public School Education (the Board) has the authority to make an exception to its policy of first come, first served and relend money from the State School Construction Fund (the Fund) which has been prepaid to it by a school district on its loan without holding the money prepaid to the Fund for other school districts which have previously applied for money from the Fund.- ATTORNEY GENERAL'S OPINION - It is my opinion that the Board has the authority to make an exception to its established policy and relend to a school district money prepaid by it to the Fund on its previous loan from the Fund without having to hold the money prepaid for school districts which have previously applied for money from the Fund. - ANALYSIS - Chapter 15-60 of the North Dakota Century Code governs the State School Construction Fund. The Fund is managed by the State Board of Public School Education under sections 15-60-01 and 15-60-03, N.D.C.C. Limitations on the Board's power to contract with school districts are set out in sections 15-60-03 and 15-60-04, N.D.C.C. School districts are authorized to use unexpended bond proceeds to pay advance rentals to the Fund pursuant to section 15-60-05, N.D.C.C., and section 21-03-06(4), N.D.C.C. The language of chapter 15-60, N.D.C.C., is cast in terms of "leases," hence advance "rentals" are paid. As a practical matter, parties treat the...

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