Policy 3560

Funds Management

Independent Contractor

Reviewed and affirmed by the Board:  10/24/2017
Last Revision: 06/23/2026
Original publish date: 01/26/2010
Related policies & regulations:  
Legal references:  

 Any individual performing services for the Lincoln Public Schools will be presumed to work under the direction and control of the Lincoln Public Schools and, therefore, deemed to be an employee unless the individual meets all of the independent contractor criteria established within this policy and provides the Lincoln Public Schools with a valid federal taxpayer identification number (this may be either an employee identification number or a social security number).

All independent contractors who are not U.S. citizens must receive verification of (a) work authorization status and (b) tax treaty status, prior to employment or Lincoln Public Schools acceptance of a contract for services.

In order for an individual to be compensated as an independent contractor, the individual must meet the following (4) criteria:

• The Lincoln Public Schools does not control or direct the means or methods used to perform the task.  That is, the individual is and will continue to be free to use whatever means and methods he/she deems appropriate to accomplish the task.
• The task or service being performed is outside of the regular course of the Lincoln Public Schools primary business purpose.  The primary business purpose of the Lincoln Public Schools includes K-12 teaching and instruction.
• The individual is engaged in an independently established business, trade, occupation or profession and is responsible for (a) providing any equipment, tools and material required to perform the task and (b) is responsible for hiring/managing/firing any subcontractors or assistants that are required to complete the task.
• A written agreement exists with the Lincoln Public Schools which spells out the task or service(s) to be performed.

Service Contract Renewals

When the Board of Education has previously approved a service, program, or contractual relationship, the Superintendent or designee is authorized to approve the renewal, extension, or continuation of such service without prior Board approval when:

• The renewal is consistent with the scope, purpose, and general cost structure previously approved by the Board;
• The renewal is necessary to avoid an interruption of services or to meet a contractual or service deadline that occurs prior to the next scheduled Board meeting; and
• The total cost of the renewal does not materially exceed the previously approved amount or includes only standard or customary increases.

The Superintendent or designee shall report any renewal to the Board of Education at the next regular meeting for review and ratification.

If a proposed renewal includes a material change in scope, pricing, or contractual terms, the renewal shall be submitted to the Board of Education for approval prior to execution whenever reasonably practicable.