AGO 85-31.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-31. Office of the Attorney General State of North Dakota Opinion No. 85-31Date Issued: August 20, 1985Requested by: Dr. Wayne G. Sanstead Superintendent Department of Public Instruction--QUESTION PRESENTED-- Whether a school district has the legal authority to borrow money from the federal Environmental Protection Agency to aid the school district in funding the removal costs of asbestos.--ATTORNEY GENERAL'S OPINION-- It is my opinion that a school district does not have the legal authority to borrow money from the federal Environmental Protection Agency to aid the school district in funding the removal costs of asbestos. --ANALYSIS-- It is a general rule of law in this state that school officers only have those powers that are either express or necessarily implied by statute. Gillespie v. Common School Dist. No. 8, McLean County, 216 N.W. 565 (N.D. 1927) . It is also a general rule of law that a school district has no authority in the absence of a constitutional or statutory provision to incur indebtedness. 79 C.J.S. Schools and School Districts § 323, at 7. I can find no specific authority in law for a school district to enter into loans with federal agencies. The Legislature has authorized borrowing in certain instances. For example, a school district may borrow in anticipation of revenue from taxes already levied, N.D.C.C. § 21-02-02; it may borrow for bonding purposes...