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

The Board may place a 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 staff member will be offered the opportunity for a meeting to discuss these issues.

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

Where the physician designated by the Board disagrees with the physician designated by the staff member, the two (2) physicians shall agree in good faith on a third impartial physician who shall examine the staff member and whose medical opinion shall be conclusive and binding on the issue of ability to perform assigned duties with or without accommodation. The expenses of a third examination shall be borne by the Board.

If, as a result of such examination, the staff member is found to be unable to perform assigned duties with or without accommodation, the 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 staff member refuse to submit to the examination requested by the Board and the staff member has exercised his/her rights under the provisions hereinabove set forth, such refusal shall subject the staff member to disciplinary action.

Americans with Disabilities Act of 1990
42 U.S.C. 12,101 et seq.
29 C.F.R., Part 1630

Revised 11/95
Revised 4/13/09