Last Revised on February 12, 2013
It is the policy of the School Board 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 medical examination by:
· A physician designated and compensated by the Board.
· A staff member may choose to obtain a second medical opinion at their own expense by a physician or institution of the staff member's choice;
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.
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(s) 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 0122.02, 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 Corporation 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 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, as amended
42 U.S.C. 12101 et seq.
29 C.F.R. Part 1630
© NEOLA 2011