The Board of Education, acting through the Superintendent reserves the right to require, after a conditional offer of employment, that the successful candidate submit to a medical examination in order to determine his/her physical and/or mental capacity to perform the essential functions, with or without reasonable accommodation, provided that the Board has required previous successful candidates for the same position (or job classification) to do so.

The person who sends the applicant for such an examination should send a job description to the licensed, qualified practitioner conducting the examination, and request that the practitioner indicate in writing whether the applicant can perform the essential functions of the job identified on the job description; and if not, what accommodation, if any, the applicant would require in order to perform the job.

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 an employee's personal record. In the event of a report of a condition that could influence job performance, the Superintendent shall base a nonemployment recommendation to the Board upon a conference with a physician and substantiation that the condition is directly correlated to defined job responsibilities.

The Board requires that all noncertificated staff members undergo a tuberculosis examination in accordance with law.

In addition, school bus drivers shall be examined in accordance with the administrative code to determine their fitness to operate a school bus.

Such report should indicate whether the candidate can perform the essential functions of the position, with or without reasonable accommodation.

Employees will be notified of the results of the medical examination upon receipt. Any and all reports of such examination will be maintained in a separate confidential personnel file in accordance with the American with Disabilities Act and the Genetic Information Nondiscrimination Act.

In the event of a report indicating that the candidate is not qualified to perform the position’s essential functions, with or without reasonable accommodation, the Superintendent will make a recommendation to the Board of non-employment. The Superintendent or his/her designee may discuss the results of the report with the healthcare provider who conducted the medical examination prior to the Superintendent making a recommendation to the Board.

The Board also requires that all applicants considered for hire in bus driving positions submit to a drug test prior to employment. Such testing shall be done in compliance with the Superintendent's guidelines, the terms of any applicable negotiated agreement, and due process of law.

The Board may require, at initial employment, that all classified staff members undergo a tuberculosis examination in accordance with law and at the direction of the Ohio Department of Health, the local health department, or the District medical advisor.

The Board shall pay for required examinations.

R.C. 3313.71
29 C.F.R. Part 1630
29 C.F.R. Part 1635
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
A.C. 3701-15-02

Revised 3/18/88
Revised 5/11/93
Revised 11/30/93
Revised 2/4/09
Revised 5/11/10