Lapeer Community Schools
Bylaws & Policies
1260 - Incapacity of the Superintendent
It is the legal duty of the Board of Education to appoint a Superintendent
'pro tempore' by a majority vote of the Board upon determination that the
Superintendent is incapacitated in such a manner that s/he is unable to perform
the duties of his/her office.
The Board shall fix the compensation of the Superintendent 'pro tempore' who
shall serve until the Superintendent's incapacity is removed or until the
expiration of the Superintendent's contract or term of office, whichever is
sooner. S/He shall perform all of the duties and functions of the
Superintendent, and may be removed at any time for cause by a majority vote of
the members of the Board.
The Board will exercise its authority under law to determine the incapacity
of the Superintendent:
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A. |
at the request of the
Superintendent and with medical documentation;
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B. |
upon certification of a
physician selected and compensated by the Board if so determined by the
Superintendent or a physician selected and compensated by the Superintendent.
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Where a physician selected by the Board disagrees with a physician selected
by the Superintendent, the two (2) physicians shall agree in good faith upon a
third impartial physician who shall examine the Superintendent. His/Her medical
opinion shall be binding on the issue of medical capacity to perform assigned
duties. The expenses of the third examination shall be borne by the Board.
If the Board determines that the Superintendent is unable to perform the
duties of his/her office, s/he may:
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A. |
at his/her request, be placed
on sick leave, with pay, not to exceed the amount of his/her accumulated but
unused sick leave and any advancement of such sick leave which may be authorized
by Board policy;
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B. |
at the request of the Board
be placed on sick leave with such pay to which s/he may be entitled or which may
be authorized by Board policy;
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C. |
at his/her request, be placed
on a leave without pay.
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The foregoing leave shall not extend beyond the contract or term of office of
the Superintendent.
The Superintendent shall, upon request to the President of the Board, be
returned to active duty status, unless the Board denies the request within ten
(10) days of receipt of the request. The Board may require the Superintendent to
establish to its satisfaction that s/he is capable of resuming such duties on a
full-time basis.
The Board may demand that the Superintendent return to active service, and
upon medical documentation that the Superintendent is able to resume his/her
duties, the Superintendent shall return to active service.
The Superintendent may request a hearing before the Board on any action taken
under this policy.