Classification of a worker as an "independent contractor" or "employee" is an important issue with significant tax and possible audit implications... IRS is focusing their attention on this issue and therefore, school districts who classify workers as independent contractors may face increased scrutiny.

Districts should take care to ensure that they are classifying workers correctly.

Implications for LEAs:
  • can provide evaluation tools but not dictate that they are to be used
  • can suggest "briefings" or "overviews" rather than "mandatory" district trainings (esped software, etc)

Implications also for therapists who are working as independent contractors include:
  • you will need to have excellent documentation on your services- daily notes, etc
  • you should have/use a personal email (not the school email)
  • you should have your own evaluation tools and materials
  • best if you had your own forms (vs district forms)
gist is you shouldn't be trreated as an employee- if you are, then you should be an employee and NOT an ind. contractor.