It is the policy of the Board of Education to protect the students of this District from the influence of unwell professional staff members.

The Board reserves the right to place a professional staff member on unrequested leave of absence or retire a professional staff member for physical or mental disability to perform assigned duties.

In the case of a professional staff member who, in the opinion of the Superintendent, is unable to function properly in this District by reason of physical or mental condition, the professional staff member will be offered the opportunity for a hearing which shall be conducted in accordance with law governing termination hearings.

If a professional staff member fails to comply with the Superintendent's recommendation or fails to request an appearance before the Board within the time allowed, the Board shall order the professional staff member to submit to an appropriate examination by a physician designated and recompensed by the Board or a physician or institution of the professional staff member's choice and at the professional staff member's expense, or both.

Where the physician designated by the Board disagrees with the physician designated by the professional staff member, the two (2) physicians shall agree in good faith on a third impartial physician who shall examine the professional staff member and whose medical opinion shall be conclusive and binding on the issue of medical capacity to perform assigned duties. The expenses of a third examination shall be borne equally by both parties.

If, as a result of such examination, the professional staff member is found to be unable to perform assigned duties, the professional staff member shall be placed on leave of absence until proof of recovery, satisfactory to the Board, is furnished.

Should a professional staff member refuse to submit to the examination requested by the Board and the professional staff member has exercised his/her rights under the provisions hereinabove set forth, such refusal shall subject the professional staff member to disciplinary action. The action may include the institution of procedures for the termination of contract.

R.C. 3319.13, 3319.16
42 U.S.C. 12101 et seq., Americans with Disabilities Act of 1990
29 C.F.R., part 1630