North Dakota Code § 21-06-12

Use of public funds or property for nonprofit education foundations - Public
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purposes.
Any school district may provide use of public property or in -kind services of personnel to 
participate in the creation and administration of nonprofit public school education foundations, 
subject to an annual audit, to receive, manage, invest, and distribute funds or property provided 
to the foundation by private or nonschool district governmental entities, if such foundations are 
established to enhance the mission of the school district by providing facilities or services for 
recognition of staff and students that are not normally available through the funding of the 
school district, to administer funds received for education scholarships or endowments 
established by other entities, to encourage elementary, secondary, and postsecondary 
education, and to assist in raising, adding, investing, and distributing funds and earnings 

according to guidelines established by the foundation. The records of a foundation are not 
subject to audit under section 54-10-14.

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