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The North Dakota Attorney General issued a summary opinion to Mandan Public School District

August 31, 2026

Media Contact: Suzie Weigel, 701.328.2210

SUMMARY OPINION

S. Paul Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether Harlow’s School Bus Service violated N.D.C.C. § 44-04-18 by not responding to an open records request. Harlow’s contracts with the Mandan Public School District to provide busing services at fair market value. A recent opinion from this office dealing with nearly identical circumstances concluded that Harlow’s was not a public entity because it provides services to the school district at fair market value. Because Harlow’s is not a public entity, it is not subject to the open records law. It is therefore my opinion that no violation of the open records law occurred in this instance.

Link to opinion

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