The Board of Education or Superintendent reserves the right to require, after a conditional offer of employment, that the candidate submit to an examination in order to determine the physical and/or mental capacity to perform the essential functions of the position. The Board also reserves the right to require employees to submit to such examinations.

Reports of all such examinations or evaluations shall be delivered to the Superintendent, who shall protect their confidentiality. Reports will be discussed with the employee or candidate and made a part of a medical file kept separate from the employee's personnel file in accordance with the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, as are all other medical records. In the event of a report of a condition that could influence job performance, the Superintendent shall base a non-employment recommendation to the Board upon a conference with a physician and substantiation that the condition will not allow the employee to fulfill the essential functions of the job, even with reasonable accommodations offered to the candidate for employment.

The Board requires, at initial employment, that all professional personnel staff members undergo a tuberculosis examination in accordance with law.

The Board shall assume any costs for required examinations.

West Virginia Code 16-3D-3
West Virginia Code 18A-2-10
42 U.S.C. 12101 et seq. Americans with Disabilities Act of 1990
42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination Act
29 C.F.R. Part 1630
29 C.F.R. Part 1635

Revised 6/3/08
Revised 11/16/10