SENATE BILL 1155

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO SCHOOL PERSONNEL; PROHIBITING A LOCAL SCHOOL BOARD FROM CONSIDERING A PREEXISTING PHYSICAL IMPAIRMENT OR A PREVIOUS WORKERS' COMPENSATION CLAIM OR WORKERS' COMPENSATION PAYMENT WHEN MAKING A DECISION TO HIRE, TERMINATE OR REEMPLOY PERSONNEL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the School Personnel Act is enacted to read:

     "[NEW MATERIAL] CONSIDERATION OF PREEXISTING CONDITIONS OR WORKERS' COMPENSATION HISTORY PROHIBITED.--In addition to the discrimination prohibited by the federal Americans with Disabilities Act of 1990, in making a decision to hire, terminate or reemploy school personnel, a local school board shall not consider a preexisting physical impairment or a previous workers' compensation claim or workers' compensation payment, provided that nothing in this section shall impose any duty on the local school board that would be considered an "undue hardship" under the federal Americans with Disabilities Act of 1990."

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