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§ 58058. Employee of the District.

5 CA ADC § 58058Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 5. Education
Division 6. California Community Colleges
Chapter 9. Fiscal Support
Subchapter 1. Attendance
Article 5. Attendance Accounting Standards
5 CCR § 58058
§ 58058. Employee of the District.
(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 Education Code.
(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.


Note: Authority cited: Sections 66700, 70901 and 84500, Education Code. Reference: Sections 70901, 84500 and 87801, Education Code.
1. Amendment of subsections (a) and (a)(3) and Note filed 10-25-91; operative 11-24-91 (Register 92, No. 9).
This database is current through 9/15/23 Register 2023, No. 37.
Cal. Admin. Code tit. 5, § 58058, 5 CA ADC § 58058
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