Hiring Tutors and Staff for Your Tutoring Center: Compliance, Contractor vs Employee, and Credential Requirements

Employee vs Independent Contractor: The Real Test

Many tutoring centers attempt to classify all tutors as independent contractors (1099) to avoid payroll taxes, workers compensation premiums, and benefits costs. This is legally risky and frequently wrong under IRS and state labor law. The IRS common law test asks: Does the business control what the worker does and how they do it? If you set a tutor's schedule, require them to use your curriculum, tell them which students to teach, and prevent them from working for competitors — that is an employee relationship regardless of what you call it. Tutors who work set hours in your facility, use your materials, and follow your pedagogical approach are almost certainly employees. Tutors who come in for specific sessions, use their own materials, set their own rates, and work for multiple clients simultaneously are more likely legitimate contractors. Consult an employment attorney in your state before making this determination.

Credential and Qualification Standards

Define minimum tutor qualifications before you hire and apply them consistently. At minimum, require a bachelor's degree in the subject area being tutored, or demonstrated subject mastery through standardized testing (e.g., a tutor scoring 1450+ on the SAT for SAT prep tutoring). For reading intervention specialists, look for tutors with Orton-Gillingham or Wilson Reading System certification — these are recognized credentials for dyslexia and reading disability intervention. For math curriculum like Saxon Math, brief certification training is available. For test prep, require tutors to have taken the actual SAT/ACT recently and scored in the 90th percentile or above. Document credential verification for every hire and retain copies of degrees and certifications.

The Background Check Process

Run background checks before any tutor interacts with a student — without exception. Use a compliant consumer reporting agency (Checkr, Sterling Talent Solutions, or HireRight) and obtain written authorization from each applicant before running the check. The check should include a criminal history search (federal and state), sex offender registry check, and identity verification. For tutors who may work with students one-on-one, also consider a national sex offender registry search. Re-run background checks annually or whenever a tutor has a gap in employment. Keep all authorization forms and reports on file. Develop a written background check policy that is applied uniformly to all candidates — inconsistent application creates discrimination liability.

Tutor Onboarding Documentation

Every new hire (whether employee or legitimate contractor) needs a complete onboarding file before their first session. For employees: W-4 federal tax form, state withholding form, I-9 employment eligibility verification (with ID documents inspected in person or via authorized remote verification), direct deposit authorization, and a signed Employee Handbook acknowledging your policies. For contractors: W-9 taxpayer identification form, signed Independent Contractor Agreement specifying scope of work, payment terms, and IP ownership, and a signed confidentiality agreement protecting student data. For all tutors: signed background check authorization, copy of degrees and certifications, photo ID, emergency contact information, and signed acknowledgment of your child safety and conduct policies.

Child Safety Policies and Mandatory Reporting

All adults who work with minors in an educational setting are mandatory reporters of suspected child abuse or neglect in every state. Train every tutor and staff member on mandatory reporting obligations specific to your state — who to call, what to report, and the timeline for reporting. Many states require mandatory reporter training to be completed annually and documented. Additionally, establish a 'two-adult rule' or open-door policy: no tutor should ever be alone behind a closed door with a single student. Open learning environments, glass-paneled doors, or requiring a second staff member to be in the building during 1:1 tutoring sessions reduces both risk and liability. Document these policies in your Employee Handbook.

RECOMMENDED TOOLS

Some links above are affiliate links. We may earn a commission if you sign up — at no extra cost to you.

FREQUENTLY ASKED QUESTIONS