Independent Contractors (Vendor Course Instructors)
If you are interested in becoming an approved Pathways service vendor, please begin by reviewing our policy below, and completing the Vendor Interest Form:
In addition to its employees, the School has a need for various independent contractors. In order to be considered an independent contractor and not an employee, it must first be determined by the School and legal counsel that the service of the contractor meets the requirements of the “ABC Test”:
- The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
- The worker performs work that is outside the usual course of the hiring entity's business.
- The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
Once this test criterion has been considered, and it has been determined that the service offered by the independent contractor is a need for the school, then the following additional requirements will be evaluated and met. In order to validate the educational value of the service to be provided by the contractor, the contractor must be able to demonstrate their competence in the subject area of instruction. All independent contractors providing service in a core academic content area, such as tutoring, are doing so under the direction of the Pathways’ Teacher and that teacher’s associated student assignments as documented on the Learning Period Assignment Sheet or Assignment and Work Record. No independent contractor shall award grades or credit. Additionally, contractors, like employees, must be free from conflicts of interest and agree to follow our non-discrimination and anti-harassment policies. As such, independent contractors, upon application, must provide:
- Evidence of expertise in the subject area through evidence of a teaching credential or a resume and college transcripts (unless waived by Director).
- Evidence of a business license or tax registration certificate showing a fictitious name with the county or corporation number.
- Current promotional materials regarding classes or services offered including the business’ policies that Pathways students must follow.
- Insurance. See further explanation below.
- Obtain Live Scan fingerprint documentation through a local Live Scan Agency or provide verification of background check clearance by DOJ at their business’ expense (in the case of a business employer).
- Verification of TB Test Clearance, to be renewed every four years.
- Verify Covid-19 vaccination status of all employees or comply with and monitor weekly Covid-19 testing using FDA approved test.
- Annually complete and submit evidence of Mandated Reporter Training.
- A completed application. All incomplete applications will be returned.
- A completed W-9.
- Be willing to serve any eligible charter school students as space is available in the program or classes offered and agree to not discriminate against which students can participate.
The school will not enter into agreements with:
- Employees. Employees may not also be independent contractors even under a business name as this presents a conflict of interest.
- Individuals who fail to demonstrate that they have expertise in the area of service.
- Businesses who engage in activities classified as dangerous including: horseback riding and all water sports.
- The intent of the Board is that contracted persons working as independent contractors are not being paid for instructing their own immediate family.
All contractors must provide evidence of liability insurance by submitting proof to Pathways at the time the agreement is approved. By signing the services agreement contractors are agreeing to maintain insurance consistently throughout the time period in which they are working with Pathways Charter School students.
Furthermore, independent contractors who offer activities identified by school officials and affirmed by the School Director or designee, as “potentially dangerous or hazardous” must provide adequate evidence of insurance coverage to maintain standing as an independent contractor Course Instructor. This coverage is a minimum of $1,000,000 general liability insurance guaranteed through a Certificate of Insurance through which Pathways is named as an “Additional Insured.” Current activities in which Pathways students participate and which will fall under this policy include, but are not limited to:
- Rock climbing
- Martial Arts
- Any other courses which utilize potentially hazardous materials
- Interested independent contractors will complete the interest form on the website which then sends an auto-email to the Director. This interest form will address the criteria for the ABC test.
- The Director reviews the interest form and determines if the applicant meets the ABC test. If the applicant does meet the ABC test, the Director will then confer with the Regional Principal to determine if the service offered by the contractor is desired. If the applicant does not meet the ABC test, HR will send them a notice.
- For applicants who passed the ABC test and are offering a valued service, the Director will request that HR send the applicant a new application packet.
- Application packets match the updated new criteria with the cover page of checklist which matches policy on page 1.
- Once an applicant's application is completed, their contract is submitted as part of the next Board Meeting’s Consent Agenda.
- HR will add approved contractors to OPS and the website and inform staff when they may begin to serve students.
- Service can only start after a purchase order from school has been received.
- Payment is made only on services already rendered. No pre-payments.
- Pathways will follow the published cancelation policy of the business.
- Annually the final day to submit invoices for services rendered is the last day of school.