It is the policy of the Board of School Trustees to protect students and employees from the educational support personnel members who are unable to perform essential job functions with or without accommodation.

The Board may place an educational support personnel member on unrequested leave of absence when the staff member is unable to perform assigned duties in accordance with statute.

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

If a educational support personnel member refuses to attend the meeting, the Board may order the educational support personnel member to submit to an appropriate examination by a physician designated and compensated by the Board or a physician or institution of the educational support personnel member's choice, provided such physician or institution has been approved by the Board.

The staff member will be required to execute a release that complies with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) in order to allow the report of the medical examination to be released to the Board/Superintendent and to allow the Superintendent or his/her designee to speak to the health care provider who conducted the medical examination in order to get clarification. Refusal to submit to an appropriate examination or to execute the HIPAA release will be grounds for disciplinary action, up to and including termination.

As required by Federal law and regulation and Board Policy 4122.02, the Superintendent shall direct the provider designated by the Board to conduct the examination not to collect genetic information or provide any genetic information, including the individual’s family medical history, in the report of the medical examination.

Pursuant to State law and in accordance with the Americans with Disabilities Act, as amended (ADA) and the Genetic Information Nondiscrimination Act (GINA), the results of any such examination shall be treated as a confidential medical record and will be exempt from release, except as provided by law. If the District inadvertently receives genetic information about an individual who is required to submit to an appropriate examination from the medical provider it shall be treated as a confidential medical record as required by the ADA.

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

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