Harlow’s School Bus Service is not a public entity subject to open meetings laws, but the Mandan School District records in their possession may be subject to the open records[...]

10 SepHarlow's School Bus Service is not a public entity subject to open meetings laws, but the Mandan School District records in their possession may be subject to the open records law. A request for these records should have been made to the Mandan Public School District and not Harlow's School Bus Service.

September 10, 2025

A new Attorney General's Opinion has been issued:

Opinion #: 2025-O-13

Date Issued: September 10, 2025

Issued to: Mandan Public School District

Request: Karen 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 refusing to release school bus routes associated with their contract with the Mandan Public School District.

Conclusion:

It is my opinion that Harlow's provides services to the District at fair market value and is therefore
not a public entity as defined under N.D.C.C. § 44-04-17.1(13). The District records in the
possession of Harlow's may be subject to the open records law, but it is the ultimate responsibility
of the District to provide a response. Despite being informed of this, the requester failed to request
the records from the District. 21

You can view this opinion at: 2025-0-13