4:060-AP5 Independent Contractors


Classifying an employee as an independent contractor with no reasonable basis for doing so jeopardizes collective bargaining agreements, labor relations, employment taxes, pensionable earnings, and professional liability claims.

Whether a worker is an independent contractor or employee depends on the facts in each situation and shall be determined by the Business Office in consultation with the originating department or school.

As a general rule, an individual is an independent contractor if the District has the right to control or direct only the result of the work, not what will be done and how it will be done.  All evidence of the degree of control and independence in the employer/worker relationship shall be considered. 

The following criteria shall be considered when determining whether a person may be hired as an employee or independent contractor

Employee Independent Contractor
Behavioral control
Work instructions When and where to work, what tools to use, or where to purchase supplies and services is determined by the District Individual discretion
Degree of instruction More detailed instructions Less detailed instructions
Evaluation systems Progress assessed details and at any time Generally, only end results are considered
Job training Periodic or on-going Not provided
Financial control
Equipment Provided No equipment provided
Expenses Reimbursed Not likely reimbursed
Other work opportunities Limited and may require permission Free to seek other business opportunities
Payment Hourly or salary Most often paid by flat fee
Contract Collective bargaining agreement, class, or none Required; contemplates liability and obligations.
Benefits Provided for full-time employees Not provided
Permanency Indefinite Specific project or period
Services provided Part of the regular business or duties of the District Peripheral to the business or duties of the District



Prior to commencing work for the District, independent contractors shall agree to a written contract that, at a minimum, addresses the following provisions:

  1. Term of agreement
  2. Description of services
  3. Compensation any payment for services
  4. Compliance with Board policies
  5. Insurance and worker’s compensation
  6. Confidentiality and student data
  7. Indemnification
  8. Termination of agreement

A template contract for independent contractors is provided in 4:060-E2.  If an independent contractor proposes their own version, authorized signatories (4:060-AP2) must ensure that it considers each of the included provisions and consult the Business Office.

All independent contractors shall be paid through accounts payable and in accordance with Board policy.

Cross reference:

4:060 Purchases and Contracts

5:010 Equal Employment Opportunity and Minority Recruitment

5:030 Hiring Process And Criteria

5:270 Compensation and Assignment

Adopted: July 2022