Contract Services Agreement - East Side Union High School District Page 2
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8EAST SIDE UNION HIGH SCHOOL DISTRICT
CONTRACT SERVICES AGREEMENT
IRS GUIDELINES
Please complete questionnaire below before completing Contract Services form.
Contractor Name
Brief Description of Services
PART I
YES
NO
1. Has this category of worker already been classified an "employee" by the IRS?
Administrators
tutors
nurses
teachers/instructors
cafeteria workers
psychologists
substitutes
counselors
intern psychologists
school bus drivers
examination monitors
specialty teachers
clerical staff
proctors
librarians
athletic coaches
individuals "filling in" on an interim basis
2. Is this individual working as an employee prescribed by the Education Code?
Education Code Sections 45100-45451 define what constitutes the classified service. Education
Code Sections 44800-45060 define the certificated service. The IRS predisposes an
employer/employee relationship when state law mandates such a relationship.
3. Is the individual already an employee of the district in another capacity?
4. Has the individual performed substantially the same services for the district as an employee in the
past?
5. Are there currently employees of the district doing substantially the same services as will be
required of this individual?
6. Does the district have the legal right to control the method of performance by this individual?
Consider whether the District will train the individual or give instruction as to when, where,
how, and in what order the work will be performed.
7. Does the District require the individual to submit reports on the details of their work or work at a
particular site?
These factors indicate the District maintains control sufficient for an employer/employee
relationship. However, it is not necessary that the District exercise this right, or have the
expertise required to do so.
If the answer to any of the above questions is "YES" --- STOP HERE !!!
Do not complete the rest of the questions. The individual is a district employee and must be
paid and reported accordingly. Call Human Resources for further details.
If all of the above are "NO", continue...
PART II
YES
NO
8. Will all the work be performed by this individual?
Consider whether or not the individual may designate someone else to do the work without the
District’s knowledge or approval.
9. Does the district have a continuing relationship with this individual?
Is this a “one shot” assignment, or will the District continue to use this individual in the future?
This could be on an infrequent or irregular basis, but a continuous relationship exists.
10. Can this relationship be terminated without the consent of both parties?
If the answer to the question 8, 9, or 10 is "YES", there is a good possibility that an
employment relationship exists. Questions 8 & 9 are indicators of district control that in
conjunction with other factors imply an employment relationship.
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