It is the policy of the Board that the Superintendent may require, after a conditional offer of employment, that the successful candidate submit to a medical examination in order to determine the candidate's physical and/or mental capacity to perform essential functions of the position, with or without reasonable accommodation, provided that the Board requires other successful candidates for the same position (or job classification) to do so. Such examinations shall be performed by a health provider designated and compensated by the District.
Individuals who are required to submit to an appropriate examination will also be required to execute a release that complies with the requirements of the Health Insurance Portability and Accountability Act 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 (see Form 3160 F2). Refusal to submit to an appropriate examination or to execute the HIPAA release will be grounds for withdrawing the conditional offer of employment.
Such report should indicate whether the candidate can perform essential functions of the position, with or without reasonable accommodation.
Employees will be notified of the results of the medical examination upon receipt. Pursuant to State law and in accordance with the Americans with Disabilities Act, any all reports of such examinations will be confidential and exempt from release, except as provided by law. 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 may discuss the results of the results of the report with the healthcare provider who conducted the medical examination prior to making a recommendation to the Board.
The Board shall pay for required examinations.
F.S. 1012.23, 1012.31
42 U.S.C. 12101 et seq., Americans with Disabilities Act of 1990
29 C.F.R. Part 1630