It is the policy of the Board of Education to protect the students and employees of this District from the effects of unwell support staff.

The Board may place a support employee on sick leave or suspend a support employee for physical or mental disability to perform assigned duties in conformance with statute and the negotiated collective bargaining agreement.

In the case of a support employee who, in the opinion of a supervisor, is unfit to work in this District by reason of physical or mental condition, the support employee will be offered the opportunity for a hearing.

If a support employee fails to overcome the Superintendent's recommendation or fails to request an appearance before the Board within the time allowed, the Board shall order the support employee to submit to an appropriate examination by a physician designated by the support employee.

Where the physician designated by the Board disagrees with a physician designated by the support 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 medical capacity to perform assigned duties. The expenses of a third examination shall be borne by the Board.

If, as a result of such examination, the support employee is found to be unfit to perform assigned duties, s/he shall be placed on leave with such compensation to which s/he is entitled until proof of recovery, satisfactory to the Superintendent, is furnished.

Should a support employee refuse to submit to examination following the exhaustion of proper appeals, the Board shall consider the certification of charges for reasons of insubordination.

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