topleft CSBA.org >  Services >  Governance Technology > 

Legal Resources | Title 5 |  T5  58058  

Employee of the District.   

arrow Previous bar Next arrow

(a) A person is an "employee of the district" within the meaning of subdivision (a)(1) of Section 58051 if:

(1) The district has the primary right to control and direct the person 's activities during the time such person is serving the district; and

(2) A contract exists between the person and the district. indicia of which may include provisions which specify the terms and conditions of work, salary and other compensation, work to be performed and employment classification; and,

(3) The district compensates the person according to an adopted salary or wage schedule which complies with the provisions of Article 8 (commencing with Section 87801). Chapter 3, Part 51 of the

(b) For the purposes of complying with the requirements of this section, a district may also contract for instruction to be provided by a public or private agency. Such contracts shall specify that the district has the primary right to control and direct the activities of the person or persons furnished by the public or private agency during the term of the contract. In addition, the district shall enter into a written contract with each person furnished by the public or private agency; and said contracts shall meet the requirements of subsection (a) (1) and (2) of this section. In this manner an individual employed will continue to be an employee of a public or private agency, while at the same time qualifying as an employee of the district.

Authority cited:

Education Code 66700

Education Code 70901

Education Code 84500

Reference:

Education Code 70901

Education Code 84500

Education Code 87801

(Amended by Register 92, No. 9)