Fargo Education Association v. Fargo Public School District

Citations

• 2024 ND 201

Syllabus

School psychologists not \employed primarily as a classroom teacher\ are not \teachers\ as defined in N.D.C.C. § 15.1-16-01(5). Hilton v. North Dakota Edu. Ass'n, 2002 ND 209, 655 N.W.2d 60, is overruled to the extent it holds a licensed school district employee who is not an administrator is a teacher irrespective of the employee's assigned teaching duties. A special education teacher is not a \teacher\ within N.D.C.C. ch. 15.1-16 when the teacher is not a school employee. This Court does not hold whether a school district may provide teaching services through independent contractors.