Britton Deerfield School District
Bylaws & Policies


It is the policy of the Board of Education to protect students and employees from certified staff members who are unable to perform essential job functions with or without accommodation.

The Board may place a certified staff member on unrequested leave of absence when the staff member is unable to perform assigned duties in conformance with statute and the negotiated, collectively-bargained agreement with or without accommodation.

If the Superintendent believes the staff member is unable to perform essential job functions, the certified staff member will be offered the opportunity for a meeting to discuss these issues.

If a certified staff member refuses to attend the meeting, the Board may order the certified staff member to submit to an appropriate examination by:



a physician designated and compensated by the Board;



a physician or institution of the certified staff member's choice;



or both.

All such requests for examination shall include the following notice to the examiner:


"The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, do not provide any genetic information when responding to this request for medical information. `Genetic information' as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.


If, as a result of such examination, the certified staff member is found to be unable to perform assigned duties with or without accommodation, the certified staff member may be placed on leave of absence for a reasonable time to heal or until the staff member is able to perform the essential job function, but only for a period not to exceed one (1) year.

Should a certified staff member refuse to submit to the examination requested by the Board and the certified staff member has exercised his/her rights under the provisions hereinabove set forth, such refusal shall subject the certified staff member to disciplinary action.

Americans with Disabilities Act of 1990, as amended
42 U.S.C. 12101 et seq.
29 C.F.R. Part 1630
29 C.F.R. Part 1635

Revised 9/8/11

© Neola 2011