North Dakota Supreme Court

Fargo Education Association v. Fargo Public School District

November 8, 20242024 ND 201

Summary

The Court affirmed denial of the Association’s mandamus petition, holding that school psychologists who do not teach in classrooms are not teachers under the statutory definition and that the contracted special education position was not shown to be part of the negotiating unit. The Court overruled prior precedent to the extent it treated every licensed, nonadministrator school employee as a teacher regardless of assigned teaching duties. The Court declined to decide whether school districts may provide teaching services through independent contractors because that issue was not preserved.