Yes.

A legal opinion was sought from Vogel Law Firm on this question in the fall of 2023. The official legal opinion can be read here.

A condensed version of the legal memorandum is provided below:

"School board powers within the first five (5) years after reorganization are only limited when specific limitations are included in the reorganization plan itself.

The only specific requirements in the ND Century Code related to bonds and a reorganization are that a reorganization plan is required to “Include the amount of all bonded and other indebtedness incurred by each participating district.” N.D.C.C. § 15.1-12-10 (1)(l). The reorganization plan between the Williston Public School District #1 and the Williams County School District #8 (“the plan”) complied with the law on page 29 of the plan, where it listed then-current bonded and other indebtedness. The reason that bonds and indebtedness have to be addressed in a reorganization plan is because, under ND law, “Unless otherwise provided, debts, obligations, and liabilities of the districts or parts of districts incorporated into the reorganized district become the debts, obligations, and liabilities of the reorganized district.” N.D.C.C. § 15.1-12-18.

During the reorganization process, if school boards want to go a step further and propose the issuance of bonds as part of the reorganization plan itself, they can do so, and then “the question of the bond issuance may be voted on at the same election as that for which approval of the reorganization plan is sought.” N.D.C.C. § 15.1-12-12 (1). Putting to vote a reorganization and a bond at the same time would likely be a very difficult task; and, unsurprisingly, the District 1 and District 8 school boards did not attempt this. The boards simply listed the current bonded and other indebtedness in the reorganization plan as required under the law. However, just because two school boards choose not o attempt (and include) a bond in a reorganization plan at the same time as a proposed reorganization does not mean that the school board of the newly-reorganized district cannot immediately exercise its power to do so after the reorganization process is complete.

The clause in the ND Century Code that is often questioned in relation to school board powers after reorganization is N.D.C.C. § 15.1-12-22 (1), which reads: “Beginning five years after the effective date of the reorganization, the board of a reorganized district may exercise all powers granted to a school board by law, regardless of limitations contained in the district's reorganization proposal.” I have researched and discussed the statutory intention of this provision at length throughout other contexts and questions brought to me regarding school board powers after reorganization. In general, it is a well-established principle that the existence and extent of the authority of a school board is strictly construed, and school boards have the powers expressly granted by statute and the powers necessarily implied therefrom with which to carry out the specific grant of authority. The intention of the language in N.D.C.C. § 15.1-12-22 (1), (regarding “five years”) is that the provisions of the reorganization plan will be followed by the new school board for a period of at least five (5) years in terms of the board powers that may be limited by the terms of the plan. However, where the plan is silent (such as going out for a bond), this does not mean that the board does not have the authority to exercise the express power granted to the board under the law, which allows a school board to go out for a bond as identified under ND Century Code. The reorganization plan does not expressly “limit” or prohibit the board from going out for a bond to build new schools. In addition, based on my recollection and personal experience during the reorganization process, both school boards at that time recognized the need for improvements and/or new construction, particularly at the elementary school level.

Therefore, based on my analysis of the law (and its intention), the reorganization plan, and my experience in providing counsel during the reorganization process, it is my opinion that the current District 7 school board can exercise its power to go out for a bond under N.D.C.C. ch. 21-03. "

Williston Basin School District #7

FREQUENTLY ASKED QUESTIONS

About the WBSD7 School Bond Referendum 2024

What are the proposed projects on this referendum?

Can WBSD7 legally go out for a bond within 5 years of the reorganization?

What is the total estimated cost of the project to build one elementary school?

How are we preventing individuals from voting multiple times?

How many bond referendums have failed to get to this point?

Why was the referendum scaled down to one elementary school when two new elementary schools were determined to be needed?

How will my property taxes be impacted if the bond referendum passes?

How can I vote? (by absentee vote OR on April 17)

What is the specific plan and cost breakdown information for the proposed elementary school?

If the referendum passes, how long would it take to complete the building of the elementary school?

What if the bond does not pass?

Why not renovate or add on to existing elementary schools?

Why can’t you turn currently vacant commercial buildings into an elementary school - like the Harley Davidson building or the Baker Hughes building?

How was the statement “63% of elementary students are currently educated in modular or portable classrooms” determined?

Are all current K-4 elementary school classrooms being used?

Why isn’t the Round Prairie School currently being used?

Will any current elementary schools be decommissioned if the new elementary school is built?

Why are 30+ students per classroom too many?

Are the building plans from the previous bond referendum being utilized?

Can the legacy fund or sales tax be used to build schools?

What bond referendums will be paid off in the near future?

What is the 20 million dollar contribution the District is making towards the potential new elementary school?

How does the District have 20 million dollars in the Building Fund?

What are the sources of financing for Building Funds?

How will we fill new elementary schools with teachers and staff with the current teacher shortage?

How was the CTE expansion at the high school funded?

Has the district already spent money to purchase land?

Have staff recommendations and requests for the elementary school design been considered and included?

How do I locate my true and full value on my property taxes?

How does the Homestead Property Tax Credit work?

What is Renter’s Refund?

What is the Primary Residence Property Tax Credit?

What if I have a question or comment about the bond referendum?

SUBMIT QUESTIONS & COMMENTS