The School Board may place an instructional staff member on involuntary leave of absence for physical or mental inability when the staff member is unable to perform assigned duties.

If the Superintendent believes the staff member is unable to perform assigned duties, the instructional staff member will be offered the opportunity for a meeting to discuss these issues.

Prior to placing an instructional staff member on involuntary leave, the Superintendent may require the staff member to submit to an appropriate examination by a health provider designated and compensated by the District. The results of any such examination shall be treated as a confidential medical record and will be used only in compliance with law. As required by federal law and regulation and Board Policy 3122.02, the Superintendent shall direct the individual who is being required to submit to a medical examination, as well as the provider who is being required to submit to a medical examination, as well as the provider that designated by the Board to conduct the examination, not to provide any genetic information in the report of the medical examination. If the District inadvertently receives genetic information about an individual who is required to submit to an appropriate examination from the medical provider, it shall be treated as a confidential medical record.

If, as a result of such examination, the instructional staff member is found to be unable to perform assigned duties and no reasonable accommodations are available, the instructional staff member may be placed on involuntary leave of absence for a period not to exceed one (1) school year. All, or a portion, of the involuntary leave may be with or without pay based upon the Superintendent’s recommendation and the Board’s final action.

Instructional staff members subject to an involuntary leave of absence are entitled to such rights as are provided for in Florida Statute or by the terms of a bargaining agreement.

F.S. 1012.23
42 U.S.C. 12101 et seq., Americans with Disabilities Act of 1990, as amended
29 C.F.R. Part 1630
29 C.F.R. Part 1635
42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination Act