Britton Deerfield School District
Bylaws & Policies
 

1260 - INCAPACITY OF THE SUPERINTENDENT

It is the legal duty of the Board of Education to appoint a Superintendent 'pro tempore' by a majority vote of the Board upon determination that the Superintendent is incapacitated in such a manner that s/he is unable to perform the duties of his/her office.

The Board shall fix the compensation of the Superintendent 'pro tempore' who shall serve until the Superintendent's incapacity is removed or until the expiration of the Superintendent's contract or term of office, whichever is sooner. S/He shall perform all of the duties and functions of the Superintendent, and may be removed at any time for cause by a majority vote of the members of the Board.

The Board will exercise its authority under law to determine the incapacity of the Superintendent at the request of the Superintendent and with medical documentation, and/or upon certification of a physician selected and compensated by the Board.

Where a physician selected by the Board disagrees with a physician selected by the Superintendent, the two (2) physicians shall agree in good faith upon a third impartial physician who shall examine the Superintendent. His/Her medical opinion shall be binding on the issue of medical capacity to perform assigned duties. The expenses of the third examination shall be borne by the Board.

If the Board determines that the Superintendent is unable to perform the duties of his/her office, s/he may, at his/her request, be placed on sick leave, with pay, not to exceed the amount of his/her accumulated but unused sick leave and any advancement of such sick leave which may be authorized by Board policy and/or at his/her request, be placed on a leave without pay.

The foregoing leave shall not extend beyond the contract or term of office of the Superintendent.

The Superintendent shall, upon request to the President of the Board, be returned to active duty status, unless the Board denies the request within ten (10) days of receipt of the request. The Board may require the Superintendent to establish to its satisfaction that s/he is capable of resuming such duties on a full-time basis.

The Board may demand that the Superintendent return to active service, and upon medical documentation that the Superintendent is able to resume his/her duties, the Superintendent shall return to active service.

The Superintendent may request a hearing before the Board on any action taken under this policy.

© Neola 2011