I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) recognizes that the education of students is a shared responsibility among the school, parents/guardians, families, and the community. Research shows that meaningful parental involvement contributes significantly to student achievement, attendance, and positive behavior. ENCSD is committed to fostering strong school-family partnerships that support and enhance student learning, development, and well-being, in compliance with federal and state laws—including the Every Student Succeeds Act (ESSA), the Individuals with Disabilities Education Act (IDEA), Title IX, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), the Family Educational Rights and Privacy Act (FERPA), and North Carolina Department of Public Instruction (NCDPI) policies and procedures. This policy applies to all parents/guardians, including those with disabilities or limited English proficiency.

II. Definition of Parent and Family Engagement

For the purposes of this policy, parent and family engagement means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, consistent with the definition in ESSA § 8101(39). This includes opportunities for parents to participate in the planning, review, and improvement of school programs, as required by ESSA and NCDPI policy, and ensuring that:

1. Parents play an integral role in assisting their child’s learning.
2. Parents are encouraged to be actively involved in their child’s education at school.
3. Parents are full partners in their child’s education and are included, as appropriate, in decision-making and advisory roles related to their child’s educational program.

III. Expectations for Parental Involvement

ENCSD shall:

1. Develop a Parental Involvement Plan:
   ENCSD will create and maintain an annual Parental Involvement Plan, developed, reviewed, and improved with parent input, as required by ESSA § 1116(a)(2). The plan will identify strategies, timelines, and opportunities to engage families in the academic, social, and emotional development of their children. The plan will encourage participation in school events, communication efforts, student support initiatives, and parent education opportunities.
2. Ensure Accessibility:
   ENCSD will provide information and school reports in formats and languages parents can understand, as required by ESSA, Section 504, and ADA. Communication with families will be in their preferred language or mode of communication, including American Sign Language (ASL), written English, and other accessible formats.
3. Promote Two-Way Communication:
   Use multiple formats (e.g., printed notices, emails, texts, videophone, interpreter-supported meetings) to share information about student progress, school programs, and opportunities for engagement, in accordance with ESSA and NCDPI guidance.
4. Encourage Participation:
   Invite and encourage parents to participate in school events, IEP and transition planning, behavior support meetings, and school improvement activities, including Title I and IDEA-related meetings and processes.
5. Respect Parent Input:
   Actively seek and incorporate parent feedback into school-level decision-making, planning, and program development.
6. Support Home Learning:
   Provide resources and training to support parents in reinforcing learning goals and developmental skills at home.

IV. Student/Family Handbook Distribution

ENCSD shall provide every family with a Student/Family Handbook each school year. This handbook outlines student expectations, policies, and procedures and will be:

• Distributed to families annually at the beginning of the school year or at enrollment.
• Made available online at www.encsd.net for ongoing access.
• Provided in accessible formats and languages as needed.
• Include annual notification of rights under ESSA, IDEA, FERPA, and Title IX.

V. Annual Notifications

ENCSD will provide annual written notification to parents/guardians of:

• Their rights under federal and state law, including FERPA, IDEA, Section 504, ADA, and Title IX.
• The school’s policies and procedures regarding parental involvement, student discipline, attendance, and health services.
• The availability of the Student/Family Handbook and any updates.
• The process for reviewing and requesting amendments to their child’s educational records.
• The availability of assistance for parents with disabilities or limited English proficiency.

VI. Opportunities to Withhold Consent / Opt-Out Notifications

Parents/guardians will be notified annually and given the opportunity to withhold consent or opt out of the following, as applicable:

• Release of directory information under FERPA.
• Participation in surveys, physical examinations, or screenings not required by law.
• Participation in certain school programs, activities, or clubs.
• Use of student photographs or video for public relations purposes.
• Participation in community or external agency services provided at school.
• Per Session Law 2025-84 HB 805, students of different biological sexes are prohibited from sharing sleeping quarters.  The only exceptions are if the students are immediate family members (for example, siblings) OR if the school has written permission from the parents/guardians of all students sharing the quarters.

ENCSD will provide clear instructions on how to exercise opt-out rights, and all opt-out forms will be available in accessible formats and languages.

VII. Parental Permission Required / Opt-In

ENCSD will obtain written parental permission (opt-in) prior to:

• Administration of non-emergency medical examinations or screenings.
• Participation in school-sponsored research projects or surveys that collect protected information.
• Involvement in certain extracurricular activities or field trips.
• Release of personally identifiable information to third parties, except as permitted by law.

VIII. Procedures for Parental Involvement in Student Health

Parents/guardians will be:

• Informed of all health services offered at school, including screenings, immunizations, and counseling.
• Notified in advance and given the opportunity to consent or decline participation in non-emergency health services.
• Invited to participate in the development and review of their child’s Individualized Health Plan (IHP), if applicable.
• Provided with information on how to communicate health concerns or provide medical updates to school staff.

IX. Community Services Available

ENCSD will provide information to families about available community services and support, including:

• Counseling and mental health resources.
• Family support and advocacy organizations.
• Health and wellness programs.
• After-school and enrichment programs.
• Services for students with disabilities or special needs.

Information about community services will be included in the Student/Family Handbook, on the school website, and shared during parent meetings and events.

X. Parental Involvement – School Improvement Plan

ENCSD shall:

1. Involve parents in the development, implementation, and review of the School Improvement Plan, in accordance with NC General Statute § 115C-105.41 and NCDPI policy.
2. Offer flexible meeting times and formats (in person, virtual, or through written communications) to encourage participation, with advance notice in accessible formats.
3. Provide guidance and materials to help parents understand:
   • Academic standards and expectations.
   • State and local assessments.
   • Their child’s progress and how to support learning at home.

XI. School-Parent Compact

ENCSD will develop, in collaboration with parents, a School-Parent Compact that outlines:

• The school’s responsibilities to provide a supportive learning environment.
• The parent’s role in supporting their child’s education.
• The means of effective communication and collaboration.

This compact will be jointly developed with parents of students, reviewed annually with parent input, revised as necessary, and distributed at the beginning of the school year in accessible formats and languages, as required by ESSA § 1116(d).

XII. Parent Requests for Information

Parents may request, in writing or by accessible means (e.g., email, videophone), information regarding the following:

1. The professional qualifications of their child’s teachers and staff who provide instruction.
2. The level of achievement and academic growth of their child on state assessments.
3. Curriculum materials and instructional methods used in their child’s education.
4. Their child’s educational records, in accordance with FERPA.
5. Any school policies or procedures related to IDEA, Section 504, ADA, and Title IX compliance.

ENCSD will notify parents annually of their right to request information, as required by ESSA § 1112(e)(1)(A) and NCDPI policy, and will respond to requests in a timely and accessible manner (generally within 10 business days).

XIII. Title IX Compliance

ENCSD shall ensure that all parental engagement practices are compliant with Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. All parents and families will be informed of:

• Their rights under Title IX.
• How to report concerns related to sex-based discrimination.
• The name and contact information of ENCSD’s Title IX Coordinator, available at www.encsd.net.

ENCSD will provide annual training for staff on Title IX requirements and procedures, and Title IX notices will be included in all major school communications and handbooks.

XIV. Roles and Responsibilities

A. Superintendent

• Ensure implementation, evaluation, and reporting of this policy.
• Oversee the development of the Parental Involvement Plan.
• Ensure compliance with ESSA, IDEA, Title IX, FERPA, Section 504, ADA, and NCDPI policy.

B. Principal

• Maintain a welcoming school culture for families.
• Ensure staff compliance with this policy and coordinate family engagement efforts.
• Ensure compliance with all relevant federal and state laws and NCDPI policies.

C. Teachers and Staff

• Engage in regular, respectful communication with parents.
• Provide parents with academic resources and updates.
• Participate in training regarding compliance with parental involvement requirements.

D. Parents/Guardians

• Engage in their child’s learning.
• Participate in school activities and decision-making processes.
• Communicate with school personnel as partners in student success.

E. Family Engagement Coordinator

• Serve as a point of contact for parent engagement efforts.
• Support the implementation and evaluation of this policy.
• Facilitate communication between families and school staff.

XV. Evaluation and Review

ENCSD will conduct an annual evaluation of the effectiveness of its parental involvement policy and practices. This will include:

• Reviewing feedback from a representative sample of families and staff, including those from diverse backgrounds and with disabilities.
• Assessing participation rates and barriers to engagement.
• Updating the policy and involvement plan based on evaluation outcomes.
• Sharing the revised policy and plan with families in accessible formats and languages.

XVI. Grievance Procedure

Parents who believe their rights under this policy have been violated may file a grievance in accordance with ENCSD’s grievance procedures, which align with NCDPI and federal complaint procedures. Information about the grievance process will be provided in accessible formats and languages.

XVII. Non-Retaliation

ENCSD prohibits retaliation against any parent or guardian who participates in or advocates under this policy.

XVIII. Policy Review and Updates

This policy will be reviewed and updated regularly to reflect changes in federal, state, and NCDPI requirements. All updates will be communicated to families in accessible formats and languages.

Legal References

• Every Student Succeeds Act (ESSA), 20 U.S.C. § 6318
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• NC General Statutes §§ 115C-47, 115C-105.41
• NC G.S. §115C-76.110 (enacted by S.L. 2025-84)

Purpose

ENCSD is committed to providing a safe, orderly, and supportive learning and living environment for all students, staff, and visitors.  The purpose of this policy is to establish expectations for school safety, emergency preparedness, and injury and violence prevention across all ENCSD programs, including instructional, residential, and extracurricular settings.

ENCSD shall take reasonable and appropriate measures to prevent and respond to safety risks, emergencies, injuries, and threats to individuals or property.  Safety planning and implementation shall account for the unique communication and access needs of Deaf and hard of hearing students and staff and shall include the Residential Program as an integral part of the school community.

I. Scope

This policy applies to:

• All ENCSD students, including those participating in the Residential Program
• All employees, including instructional, residential, administrative, and support staff
• Volunteers, contractors, and visitors while on ENCSD property or participating in ENCSD-sponsored activities
• All ENCSD facilities, vehicles, programs, and activities, whether conducted on or off campus

II. Definitions

For the purposes of this policy, the following definitions apply:

• Emergency Response Plan: A written plan outlining procedures for prevention, preparedness, response, and recovery from emergencies, including drills and coordination with emergency responders.
• Threat Assessment Team: A multidisciplinary team established to identify, assess, and manage potential threats to school safety in accordance with applicable laws and State Board of Education guidance.

III. Responsibilities

Board of Trustees

The Board of Trustees shall:

• Adopt policies that promote safe and orderly school environments
• Ensure compliance with applicable safety-related laws and regulations
• Support administrative efforts to maintain effective school safety programs

Superintendent

The Superintendent or designee shall:

• Develop and implement procedures consistent with this policy
• Ensure school safety and emergency response plans are established, reviewed, and updated
• Coordinate with local emergency responders and state agencies as required
• Ensure training is provided to all staff

Principal

The school principal shall:

• Enforce safety rules and procedures
• Support the operation of threat assessment teams
• Ensure emergency drills are conducted as required
• Communicate safety expectations in accessible formats

Employees

All ENCSD employees shall:

• Follow established safety and emergency procedures
• Report safety concerns, threats, or incidents promptly
• Provide appropriate supervision to students, including during residential hours

Students

Students shall:

• Follow safety rules and instructions
• Participate appropriately in safety drills
• Report safety concerns or threats to staff

IV. School Safety Planning and Prevention

ENCSD shall implement comprehensive school safety measures, including but not limited to:

• Development and maintenance of emergency response plans
• Use of threat assessment processes to address potential risks
• Coordination with law enforcement, emergency management, and public health officials
• Appropriate supervision and monitoring of school and residential facilities
• Ongoing evaluation of safety practices and procedures

V. Residential Program Safety

The Residential Program shall be fully integrated into ENCSD’s school safety planning.  Safety measures shall include:

• Emergency response procedures specific to residential facilities
• Training for residential staff on supervision, emergency response, and student safety
• Accessible safety communication during non-instructional hours
• Regular drills and reviews appropriate to the residential setting

VI. Accessibility and Communication

All safety-related plans, drills, training, and communications shall be accessible to Deaf and hard of hearing stakeholders.  ENCSD shall provide reasonable accommodations, including visual alarms, captioned or visual materials, and ASL interpretation when appropriate, to ensure effective communication before, during, and after emergencies.

Legal References

• 29 C.F.R. Part 1904, Recording and Reporting Occupational Injuries and Illnesses
• G.S. 14-208.18, Bomb Threats on School Property
• G.S. 95-129, North Carolina Occupational Safety and Health Act
• G.S. 115C-36; 115C-47; 115C-105.49; 115C-105.51; 115C-105.53; 115C-105.54; 115C-166; 115C-167; 115C-288; 115C-289.1; 115C-307; 115C-390.3; 115C-391.1; 115C-521; 115C-524; 115C-525
• 13 NCAC 7A .0301
• 16 NCAC 6E .0107
• North Carolina State Board of Education Policy SCFC-005, School Crisis and Emergency Response Planning

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

Purpose

ENCSD is committed to fostering an inclusive, supportive, and highly skilled workforce by providing meaningful and equitable professional and staff development opportunities.  ENCSD’s professional development policy shall be implemented in full compliance with all applicable federal and state laws, regulations, and guidelines.

ASL interpreting will be provided for all professional development activities as required by the ADA and Section 504.

Definitions

• Professional Development: Structured learning activities intended to improve the knowledge, skills, and effectiveness of licensed and non-licensed employees per OSHR 25 NCAC O1H.0202 and NCDPI TCP-A-019.
• Licensed Employees: Staff members who are required by NCDPI to hold licensure for their positions (N.C.G.S. § 115C-270.20).
• Non-licensed employees: Staff members who are not required to hold licensure through NCDPI but play vital roles in school operations.
• Continuing Education Unit (CEU): A standard measure of participation in qualified, non-credit, professional education and training programs

I. Policy Statement

Professional development is essential to supporting student achievement, staff retention, equity, and a positive school culture.  ENCSD requires all employees, licensed and non-licensed, to engage in ongoing professional learning as a condition of employment and to meet licensure (NCDPI 16 NCAC 06C.0401), performance (OSHR 25 NCAC 01l.2307), and compliance (FERPA, OSHA, ADA) standards.

ENCSD will provide high-quality, job-embedded, and accessible professional learning that:

• Supports school improvement priorities
• Reflects the unique needs of a Deaf and hard of hearing population
• Aligns with state and federal guidelines
• Promotes ethical behavior, cultural responsiveness, and inclusive practices
• Advances communication, including ASL fluency and cultural competency
• Facilitates the earning of Continuing Education Units (CEUs) for licensed staff to meet renewal requirements and enhance instructional expertise.

II. Professional Learning Expectations

1. Licensed Staff
   • Must participate in annual professional development to maintain licensure as required by NCDPI (16 NCAC 06C.0402)
   • Required to complete training in ASL, Deaf Culture, instructional practices, digital learning, equity, and compliance topics
   • Participation is tracked through NCEES
2. Non-licensed Staff
   • Required to attend ENCSD-sponsored staff development that supports job performance, safety, communication (including ASL classes), and understanding Deaf Culture
   • May be required to complete additional training based on departmental needs (examples: CPI, CPR, OSHA, etc.)
3. ASL Proficiency Development
   • Staff members who are not fluent in American Sign Language are required to attend ASL instruction two (2) to three (3) days per week during the school year or as otherwise scheduled
   • ASL classes are considered a required component of job-related professional development and are essential for fostering inclusive communication throughout the school.
4. Annual Training Requirements
   • All Employees are expected to complete annual training in mandatory topics, including but not limited to:
     • Child abuse and mandatory reporting (N.C.G.S. 7B-301)
     • FERPA and student data privacy (20 U.S.C. § 1232g)
     • Civil rights and discrimination (Title VI, Title IX)
     • Workplace safety and emergency procedures (OSHA 29 CFR 1910)
     • Appropriate staff-student relations (ENCSD Policy 4040/7310)

III. ASL and Accessibility Accommodations

ENCSD is committed to ensuring that all professional development opportunities are accessible to Deaf and hard of hearing staff.

The following accommodations will be made as appropriate:

• ASL interpretation
• Captioned videos and presentations
• Written transcripts of audio content
• Accessible presentation materials
• Deaf-friendly delivery practices

Supervisors and Human Resources will work with staff in advance to arrange necessary accommodations.

IV. Planning and Implementation

The Superintendent or designee shall:

• Ensure alignment of all professional development offers with ENCSD’s strategic goals and state requirements
• Coordinate with NCDPI and OSHR to maintain compliance with licensure and personnel regulations
• Allocate time and resources for job-embedded and continuous learning
• Collaborate with department heads to assess and respond to training needs
• Monitor and evaluation participation and impact of professional development

V. Payment of Costs

ENCSD will consider paying reasonable costs, within budget limits, for any courses, workshops, seminars, conferences, in-service training session, or other sessions an employee is required to attend.  The employee must seek prior approval to attend.

ENCSD will not bear the responsibility of the cost of training taken solely for the purposes of licensure renewal.

ENCSD may authorize certain personnel to receive reimbursement for travel expenses incurred in the performance of their duties.  Such reimbursement is subject to the availability of funds.

Mileage reimbursement rates will be established annually by the state of North Carolina.

VI. Documentation and Records

Participation in required professional development shall be documented and retained in the employee's personnel file or through the state’s designated tracking system.  Failure to participate in required training may result in disciplinary action up to and including dismissal, in accordance with ENCSD policy and OSHR guidance.

Legal References

• Title VI and Title VII of the Civil Rights Act of 1964
• Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
• Section 504 of the Rehabilitation Act (29 U.S.C. § 794)
• Family Educational Rights and Privacy Act (20 U.S.C. § 1232g)
• North Carolina General Statutes Chapter 115C
• OSHR Equal Employment Opportunity Policy (25 NCAC 01H .0200)
• NCDPI Professional Development and Licensure Standards

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, respectful, and inclusive educational and work environment for all students, staff, and members of the school community. Discrimination, harassment, and bullying based on any protected status are strictly prohibited.  This policy applies to all school programs, activities, and employment practices, both on and off campus, and affirms equal opportunity and access for all students and staff. ENCSD will not tolerate any unlawful or inappropriate conduct that interferes with a student’s ability to learn or a staff member’s ability to work.

This policy is established to comply with all applicable federal and state laws, including but not limited to:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.; 34 C.F.R. Part 100) – Prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance.

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.’ 34 C.F.R. Part 106) – Prohibits discrimination based on sex in education programs and activities receiving federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 (26 U.S.C. § 794; 34 C.F.R. Part 104) – Prohibits discrimination based on disability.

Americans with Disabilities Act (ADA; 42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 35) – Prohibits discrimination based on disability.

Individuals with Disabilities Education Act (IDEA; 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300) – Ensures special education and related services for eligible children with disabilities.

Family Educational Rights and Privacy Act (FERPA; 20 U.S.C. § 1232g; 34 C.F.R. Part 99) – Protects the privacy of student education records.

NC General Statues §§ 115C-407.15 – 407.18 (School Violence Protection Act) – Prohibits bullying and harassing behavior in public schools.

NC General Statutes § 126.14.6 – Ensures dignity and nondiscrimination in state workplaces

NC Constitution, Article I, Section 1: Guarantees equality and rights of all persons.

II. Definitions

• Discrimination:
  Any act or failure to act that unreasonably and unlawfully differentiates treatment of a person based on race, color, national origin (as prohibited by Title VI), sex (as prohibited by Title IX), gender identity or expression, sexual orientation, pregnancy, religion, age, disability (as prohibited by Section 504 and ADA), or other protected class under law.
• Harassment:
  Unwelcome conduct—verbal, nonverbal, or physical—based on a protected class that creates a hostile or intimidating environment and interferes with a person’s ability to learn or work, as addressed under Title VI, Title IX, Section 504, and ADA.
• Bullying:
  Repeated conduct intended to intimidate, ridicule, humiliate, or cause harm. This includes cyberbullying and may be verbal, physical, emotional, or psychological. Prohibited under NC General Statutes §§ 115C-407.15–407.18.
• Sexual Harassment:
  Unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that affects access to education or employment, as defined under Title IX (34 C.F.R. § 106.30).
• Hostile Environment:
  A situation where harassment is severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive environment, as defined in federal regulations (e.g., 34 C.F.R. § 106.30 for Title IX).

III. Prohibited Conduct

The following conduct is strictly prohibited:

1. Discrimination against students or employees based on race, color, religion.
2. Discrimination against students or employees based on race, color, or national origin, as prohibited by Title VI of the Civil Rights Act of 1964.
3. Discrimination against students or employees based on sex (including sexual orientation, gender identity, and gender expression), as prohibited by Title IX of the Education Amendments of 1972.
4. Discrimination based on disability, as prohibited by Section 504 of the Rehabilitation Act of 1973 and the ADA.
5. Harassment that creates a hostile educational or work environment, as defined by federal and state law.
6. Bullying and Cyberbullying of any student or staff member by any individual, including but not limited to students, employees, volunteers, or third parties, as prohibited by NC General Statutes §§ 115C-407.15–407.18.
7. Retaliation against any individual who reports, files a complaint, or participates in an investigation of discrimination, harassment, or bullying, as prohibited by all referenced federal and state laws.

IV. Reporting Procedures

A. For Students

• Students are encouraged to report concerns to any staff member or directly to the school Social Worker, Principal.
• Reports may be made orally or in writing, including anonymously, as permitted under Title IX and Title VI regulations.
• School personnel who receive a report are required to notify the school Social Worker or designee immediately.

B. For Employees

• Employees must report incidents of discrimination, harassment, or bullying to their immediate supervisor, the Human Resources Manager, or the Superintendent.
• Reports involving students must also be shared with the School Social Worker.
• Contact Information for Coordinator:

  • Title IX Coordinator: 

    Cheryl Iannucci – ENCSD Superintendent

    Telephone number: 252-206-7342 

    Email: cheryl.iannucci@encsd.k12.nc.us

    Address: Eastern North Carolina School for the Deaf

                    1311 US-301S

    Wilson, NC 27893

• Contact information must be posted on the ENCSD website and in handbooks, as required by 34 C.F.R. § 106.8 (Title IX) and 34 C.F.R. § 104.7 (Section 504).
• ENCSD will accept and investigate reports made in any language or communication mode accessible to the reporter, including American Sign Language.

V. Investigation

ENCSD will investigate all allegations of discrimination, harassment, or bullying promptly, impartially, and thoroughly in accordance with federal and state law.

1. Interim Measures: May be taken to protect the complainant during the investigation, as required under Title IX (34 C.F.R. § 106.44).
2. Confidentiality: Will be maintained to the extent possible under law, including FERPA and Title IX.
3. Documentation: Findings will be documented, and corrective action will be taken where appropriate.  ENCSD will provide written notice of the outcome of the investigation to all parties, consistent with FERPA and other privacy laws.
4. Title IX Compliance: For Title IX complaints, procedures will comply with the Title IX grievance process requirements (34 C.F.R. § 106.45), regardless of law enforcement involvement.

VI. Disciplinary Action

Disciplinary actions will be implemented in accordance with due process rights and applicable ENCSD grievance procedures.  If a violation of this policy is found, ENCSD will take appropriate corrective action, which may include:

• Counseling or training
• Reassignment or suspension
• Termination or expulsion
• Referral to law enforcement when required by law

VII. Protection Against Retaliation

Retaliation against anyone who, in good faith, reports or participates in an investigation of prohibited conduct is strictly prohibited. Any act of retaliation will result in disciplinary action, as required by Title VI (34 C.F.R. § 100.7(e)), Title IX (34 C.F.R. § 106.71), Section 504, and state law.

VIII. Notification and Training

ENCSD will:

1. Annually distribute this policy to students, parents, and staff, and post it on the school website, as required by Title IX (34 C.F.R. § 106.8).
2. Provide annual training to staff on this policy, including specific examples of prohibited behaviors and how to recognize, prevent, and respond to discrimination, harassment, and bullying, as required by Title IX and Section 504.  All training will be accessible to all staff, including those with disabilities.
3. Offer age-appropriate education to students on bullying prevention and respectful behavior.  All training will be accessible to all students, including those with disabilities.
4. Ensure all students, parents, and staff are informed of how to file complaints and access grievance procedures.

IX. Title IX and Title VI Compliance

Title VI Compliance:
ENCSD complies fully with Title VI of the Civil Rights Act of 1964, which states:

“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (42 U.S.C. § 2000d; 34 C.F.R. § 100.3)

Title IX Compliance:
ENCSD complies fully with Title IX of the Education Amendments of 1972, which states:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” (20 U.S.C. § 1681(a); 34 C.F.R. § 106.31)

The Office for Civil Rights (OCR) of the U.S. Department of Education enforces both Title VI and Title IX. All allegations of discrimination covered by these laws will be investigated promptly and addressed according to the procedures in this policy.

X. Grievance Procedures

Grievance procedures are available for any individual who wishes to contest the outcome of an investigation or raise concerns about the application of this policy. These procedures are outlined in the ENCSD Student/Family Handbook and Staff Handbook and are available at www.encsd.net, as required by Title IX (34 C.F.R. § 106.8) and Section 504 (34 C.F.R. § 104.7).

XI. Legal References

• Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; 34 C.F.R. Part 100
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; 34 C.F.R. Part 104
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 35
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99
• NC General Statutes §§ 115C-407.15–407.18 (School Violence Prevention Act)
• NC General Statutes § 126-14.6
• NC Constitution, Article I, Section 1
• NC DPI Policy Manual and Reporting Procedures

At this time, all ENCSD students with disabilities are served under the Individuals with Disabilities Education Act (IDEA) and have Individualized Education Programs (IEPs). However, this policy references Section 504 of the Rehabilitation Act of 1973 to ensure compliance with all federal nondiscrimination requirements, as students with IEPs are also protected under Section 504. This policy will continue to apply to any future students who may be eligible under Section 504 only.

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing an educational and working environment free from discrimination, harassment, and retaliation based on sex, in compliance with all applicable federal and state laws.  ENCSD affirms that all students, employees, applicants, volunteers, and parents/guardians have the right to participate in school programs and activities free from sex discrimination, including sexual harassment, sexual violence, and gender-based misconduct.  This policy sets forth ENCSD’s procedures for preventing, reporting, investigating, and addressing prohibited conduct under Title IX.

Scope

This policy applies to:

• All students enrolled at ENCSD
• All ENCSD employees, including state employees and contracted service providers
• Applicants for employment
• Parents/Guardians and visitors
• Volunteers
• Participants in any ENCSD program or activity, including off-campus and school-sponsored events.

This policy applies to conduct occurring:

• On ENCSD property
• At ENCSD-sponsored events or activities
• During remote learning
• Off-campus when the conduct has continuing effects within the school environment, consistent with Title IX jurisdictional rules

Statement of Non-Discrimination

ENCSD does not discriminate on the basis of sex, including pregnancy, sexual orientation, gender identity, gender expression, parental status, or marital status, in any educational program, activity, or employment practice.

ENCSD will provide reasonable accommodations as required under the ADA, Section 504, and state accessibility requirements to ensure full participation of individuals with disabilities in the Title IX process, including interpreters, visual supports, translated materials, and other communication access resources.

Definitions

• Sex Discrimination: Unequal treatment or denial of benefits based on a person’s sex, gender, gender identity, sexual orientation, pregnancy, or related conditions.
• Sexual Harassment (Title IX): Conduct on the basis of sex that meets one or more of the following:
  1. A school employee conditioning a school aid, benefit, or service on participation in unwelcome sexual conduct (quid pro quo).
  2. Unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a school program or activity.
  3. Sexual assault, dating violence, domestic violence, or stalking as defined by federal law.
• Sexual Assault: Any non-consensual sexual act as defined under the Clery Act and federal criminal code.
• Consent: A clear voluntary agreement to participate in specific sexual activity.
  1. Silence or lack of resistance does not equal consent.
  2. Consent can be withdrawn at any time.
• Complainant: A person who is alleged to be the victim of conduct that may constitute sex discrimination or sexual harassment.
• Respondent: A person who is reported to have engaged in prohibited conduct.
• Title IX Coordinator: The official responsible for overseeing compliance with Title IX, including investigations, supportive measures, and training.
• Supportive Measures: Non-disciplinary, non-punitive services offered to the complainant or respondent to restore equal access to school programs (examples: schedule adjustments, counseling, interpreter support, safety planning).
• Retaliation: Any intimidation, threat, or adverse action taken against a person because they reported discrimination, participated in a Title IX process, or refused to participate.

I.  Title IX Coordinator

ENCSD shall designate a Title IX Coordinator who is trained in Title IX requirements, investigation processes, trauma-informed practices, disability rights, and accessibility for deaf and hard of hearing individuals.

The coordinator’s contact information will be:

• Posted on the ENCSD website
• Included in handbooks
• Delivered in accessible formats

II. Reporting and Complaints

1. How to Report

Any person may report Title IX violations including:

• In person
• By email
• By phone
• By video message
• By text message
• Directly to the Title IX Coordinator, any administrator, or any trusted staff member

Reports may be made at any time, including outside school hours.

2. Mandatory Reporting for Staff

All ENCSD employees are mandatory reporters and must report any known or suspected sexual harassment or sex discrimination immediately to the Title IX Coordinator.

3. Confidential Resources

ENCSD will provide access to counseling and support in a confidential manner consistent with state and federal law.

III. Response to Reports

Upon receiving a report, ENCSD will:

1. Respond promptly and in a manner that is not deliberately indifferent.
2. Offer supportive measures to all parties.
3. Explain the formal complaint process in an accessible format and language.
4. Ensure accommodations under the ADA and Section 504, including interpreters, visual materials, and sensory-appropriate meeting formats.

IV. Formal Complaint and Investigation Process

1. Filing a Formal Complaint

A complainant may file a written or signed digital complaint.  If the complaint is a student, employee, parent/guardian, or third party, the Title IX Coordinator may also sign a formal complaint when necessary for community safety.

2. Investigation Requirements
   • Investigations will be prompt, thorough, and impartial.
   • Both parties will receive equal access to evidence.
   • Meetings and interviews will be conducted with needed ASL/communication access services.
   • The investigator will be trained in Title IX, disability rights, and deaf education contexts.
3. Determination

A decision-maker (not the investigator) will issue a written determination, delivered in accessible formats.

4. Appeals

Both parties have the right to appeal on established Title IX grounds.

V. Retaliation Prohibited

ENCSD strictly prohibits retaliation against anyone who makes a report, participates in a Title IX process, or supports a participant.

Any retaliatory behavior will result in disciplinary action consistent with NC OSHR and ENSD policies.

VI. Training and Notification

ENCSD will provide annual training to:

• All staff
• Administrators
• Investigators
• Interpreters involved in Title IX matters
• Students (age-appropriate)

Training will include:

• Title IX responsibilities
• Reporting procedures
• ADA/Section 504 accommodations
• Trauma-informed communication
• Accessibility for deaf and hard of hearing individuals
• Confidentiality and FERPA requirements

Training materials will be posted publicly as required by law.

VII. Records and Documentation

ENCSD will maintain all Title IX records as required by the NC Functional Schedule, including:

• Reports
• Supportive measures
• Investigations
• Determinations
• Appeals
• Training materials
• ADA accommodations provided

Records will be stored consistent with NC Functional Schedules and FERPA protections.

VIII. Policy Review

This policy will be reviewed at least annually or more frequently if federal or state regulations change, including updates released by NCDPI, NC OSHR, and the US Department of Education.

Legal References

• Title IX (20 U.S.C. § 1681)
• Title VI of the Civil Rights Act
• ADA (Titles I & II)
• Section 504
• IDEA
• FERPA
• Violence Against Women Act (VAWA)
• NC General Statutes Chapter 115C
• NCDPI Title IX and Civil Rights Guidance
• NC OSHR Employment Policies

NC DOA Statewide Discrimination/Harassment Policies

I. Purpose

ENCSD is committed to maintaining a safe, respectful, and inclusive environment free from sex-based discrimination—including sexual harassment and violence—in all school programs and activities. This policy outlines prohibited behaviors and the procedures for reporting and responding to Title IX complaints in compliance with:

• Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)
• 34 C.F.R. Part 106
• NCDPI Title IX regulatory guidance

ENCSD will respond promptly to all known or suspected instances of sexual harassment or discrimination.

II. Definitions

• Complainant: An individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment.
• Respondent: The individual reported to be the perpetrator of such conduct.
• Title IX Sexual Harassment includes:
  1. Quid pro quo harassment: conditioning educational benefits on sexual acts.
  2. Hostile environment: unwelcome conduct, based on sex, so severe, pervasive, and objectively offensive that it limits participation in school programs or employment. 
  3. VAWA Offenses: sexual assault, dating/domestic violence, and stalking.
• Supportive Measures: Non-disciplinary, non-punitive assistance offered to Complainants or Respondents, such as counseling, schedule changes, or no-contact orders.
• Formal Complaint: A document filed by a Complainant or Title IX Coordinator initiating a grievance process.
• Actual Knowledge: When any employee or school official learns of possible Title IX harassment.

III. Scope

This policy applies to:

• All ENCSD programs and activities, on or off campus, including boarding.
• All students, staff, volunteers, and third parties.
• All employees—both licensed and classified—are mandatory reporters.

IV. Prohibited Conduct

ENCSD prohibits:

1. Quid pro quo harassment by school employees.
2. Creation of a hostile environment through persistent, unwelcome, sex-based conduct.
3. VAWA offenses: sexual assault, dating violence, domestic violence, stalking.
4. Retaliation against anyone exercising rights or participating in investigations.

V. Reporting Requirements

• Who must report: All employees and school officials with actual knowledge.
• How to report:
  • Contact the Title IX Coordinator verbally or in writing.
  • Use school email, phone, or designated reporting form.
• Initial actions:
  • Title IX Coordinator offers Supportive Measures within 3 school days of notice.
  • If a Formal Complaint is filed, initiate a Title IX formal grievance process.
• No confidentiality guarantee— Equity and safety require disclosure to appropriate staff.

VI. Grievance Process Overview

Following a Formal Complaint, ENCSD will:

1. Determine if the complaint falls under Title IX criteria.
2. Provide Written Notice to both parties.
3. Offer opportunity for informal resolution, if appropriate and chosen by both parties.
4. Conduct a prompt, impartial investigation by trained personnel.
5. Issue a written determination, based on a preponderance of evidence.
6. Inform parties of appeals rights and process limitations.

This process follows NCDPI’s Title IX procedural guidance.

VII. Supportive Measures

Available to both Complainants and Respondents, such as:

• Class or housing reassignment
• No-contact directives
• Counseling referrals
• Academic or workplace adjustments

These are offered regardless of whether the Formal Complaint proceeds.

VIII. Retaliation

ENCSD strictly prohibits retaliation against anyone who reports or participates in a Title IX process. Reporting retaliation should be directed to the Title IX Coordinator or HR.

IX. Training & Notice

• Staff receive annual training on definitions, policy, and reporting obligations.
• Title IX Coordinators and investigators are trained annually on investigative procedures. 
• Policy, Coordinators’ contact info, and process details are posted on ENCSD’s website and staff/student handbooks.

X. Recordkeeping

• Maintain all documentation—reports, communications, investigation records, remedies—for at least 7 years as required by federal regulation. 

XI. Confidentiality

ENCSD will protect privacy to the best extent possible, sharing information only with those needing to know to manage the complaint and provide remedies.

Legal References

• Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681)
• 34 C.F.R. Part 106
• Violence Against Women Act (VAWA)
• Title VII Civil Rights Act
• NACPS Stds. for Non-Discrimination core-docs.s3.us-east-1.amazonaws.comocrcas.ed.gov+1ed.gov+1ncpschools.net
• NCDPI Title IX Guidance
• DASH: Davis v. Monroe County (student-on-student liability) ednc.org+2dpi.nc.gov+2southernequality.org+2
• ENCSD Policies: 1710/4020/7230, 7300, 7310, 7340, 7510

XIV. Annual Acknowledgement

All staff must review this policy annually and sign an acknowledgment. Records of compliance are kept in HR records.

Purpose

ENCSD wants to create a fair and respectful workplace.  We believe all employees should feel heard and be treated fairly.  ENCSD prohibits discrimination based on disability and provides accessible grievance procedures per the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

Definitions

• Disability: Physical or mental impairment substantially limiting major life activities
• Reasonable Accommodation: Workplace modifications enabling disabled employees to perform essential job functions.
• Grievance: Formal complaint about employment conditions, discrimination, or policy violations
• Non-Retaliation: Protection against adverse actions for filing good-faith complaints
• Confidentiality: Limited information sharing during investigations

I.  This Policy Covers

This policy applies to all ENCSD employees:

• Permanent (full-time or part-time)
• Probationary/temporary
• Contracted (if covered by ENCSD terms)

This policy does not cover students or parents/guardians. They have different ways to share concerns.

II. What You Can Report

You may file a grievance about:

• Disability discrimination
• Denial of reasonable accommodations
• Harassment/bullying (ENCSD Policy 1710/4021/7230)
• Unsafe working conditions
• Violations of ADA/Section 504

III. Grievance Process

Step 1 - Informal Resolution

• Discuss concern with your supervisor within 15 working days of the incident.
• Your supervisor must document discussion and attempt resolution

Step 2 - Formal Written Grievance

• Submit to HR within 10 working days if unresolved
• Include the following in your written grievance:
  • Nature of discrimination
  • Requested accommodation (if applicable)
  • Relevant Evidence

Step 3 – HR Investigation

• HR schedules a meeting within 5 working days
  • ADA Accommodation Available: Request interpreter
• Confidential investigation completed within 30 days
• Written decision provided within 10 days post-investigation

Step 4 – Appeal

• File written appeal to Superintendent within 10 days of decision
• Final ruling within 15 working days

IV. Critical Protections

Non-Retaliation Clause – No employee shall face retaliation for good-faith grievance participation.  Violators will be subject to disciplinary action under ENCSD policy 1760/7280.

Confidentiality – All proceedings will be kept confidential except as required by law or operational necessity.

Accessibility – Communication accommodations will be provided to you throughout the process upon request.

V. Supervisor Responsibilities

1. Document all disability accommodation requests
2. Ensure immediate HR referral for discrimination complaints
3. Enforce non-retaliation compliance

VI. Recordkeeping

• Grievance records are retained per:
  • NC Department of Natural and Cultural Resources
  • OSHR Policy 1
  • ADA documentation requirements

Legal References

• Americans with Disabilities Act (42 U.S.C. § 12101)
• Section 504, Rehabilitation Act (29 U.S.C. § 794)
• NC General Statutes § 168A (Persons with Disabilities Protection Act)
• OSHR Policy 1 (Equal Employment Opportunity)

Title IX Grievance Form

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is a federal law that prohibits discrimination based on the gender of students and employees of educational institutions which receive federal financial assistance.  UCA Board Policy No. 426, Title IX Sexual Harassment, prohibits sexual discrimination in the form of sexual harassment, sexual assault, stalking, domestic violence, dating violence, and unauthorized distribution of sexual images or recordings. 

This form complies with US Department of Education requirements, but it is not the only way in which an individual may submit a formal complaint.  The formal complaint must be in writing, and signed by the Complainant, but can be in any form.  If there is a procedural deficiency with any formal complaint form, the Title IX Coordinator will notify the Complainant of the deficiency and allow the correction of the formal complaint prior to filing.  

When this form has been completed and signed by you, and then signed by the Title IX Coordinator, your complaint has been properly received and noted by ENCSD. The Title IX Coordinator will provide you with a copy of this form as well as complete information about the Title IX complaint process.

Overview of the Title IX Grievance Process

1. Filing a Formal Complaint
   • Any student, employee, or applicant who believes they have experienced sexual harassment or sex-based discrimination may file a formal complaint.
   • The complaint must be submitted in writing (using the attached form or in another written format) to the Title IX Coordinator, either in person, by mail, or by email.
   • A parent/guardian may file on behalf of a minor student.
   • The Title IX Coordinator may also sign a formal complaint if necessary to protect the school community.
2. Notice of Allegations
   • Upon receipt of a formal complaint, both the complainant and respondent will receive written notice of:
     • The allegations (including the identities of the parties, the conduct alleged, and the date/location of the incident)
     • The grievance process and their rights (including the right to an advisor)
     • The presumption of non-responsibility until the process concludes
     • The opportunity to review and respond to evidence.
3. Investigation
   • An impartial investigator will conduct a thorough investigation, including interviews and evidence collection.
   • Both parties may present evidence and identify witnesses.
   • Both parties will have equal opportunity to inspect and review all evidence directly related to the complaint before the investigation concludes.
4. Review of Investigation Report
   • Both parties receive a draft investigation report and have at least 10 business days to review and respond in writing.
5. Live Hearing (if required)
   • ENCSD will conduct a live hearing for student or employee cases, where each party’s advisor may cross-examine the other party and witnesses.  A parent/legal guardian may attend with the student.  Interpreters will be made available for all parties involved in the investigation as required by the ADA.
   • The decision-maker will not rely on statements from any party or witness who does not submit to cross-examination.
6. Determination of Responsibility
   • After the hearing, the decision-maker issues a written determination regarding responsibility, including findings of fact, conclusions, rationale, and any disciplinary sanctions or remedies.
   • Both parties receive the written determination.
7. Appeal
   • Either party may appeal the determination or dismissal of a complaint on specific grounds (procedural irregularity, new evidence, or conflict of interest).
   • Appeals must be submitted in writing within five business days of receiving the determination.
8. Final Resolution
   • The appeal decision is final. Both parties are notified in writing of the outcome.
9. Recordkeeping
   • ENCSD will maintain records of each complaint, investigation, hearing, determination, appeal, and any supportive measures for at least seven years, as required by law.

Title IX Grievance Form

Instructions:
Complete and submit this form to the ENCSD Title IX Coordinator in person, by mail, or by email. 

Cheryl Iannucci – ENCSD Superintendent

Telephone number: 252-206-7342

Email: cheryl.iannucci@encsd.k12.nc.us

Address: Eastern North Carolina School for the Deaf

1311 US-301S

Wilson, NC 27893

A parent/guardian may file on behalf of a minor.
(Alternatively, a written statement containing the same information may be submitted.)

My current status at Eastern North Carolina School for the Deaf:

☐ Student      ☐ Staff Member       ☐ Other

Type of Title IX Sexual Harassment:

☐ Sexual Harassment         ☐ Sexual Assault     ☐ Domestic Violence

☐ Stalking     ☐ Unauthorized Distribution of Sexual Images or Recordings

☐ Other: 

Purpose

ENCSD is committed to maintaining a safe, respectful, and inclusive educational and workplace environment.  Students, employees, families, and community members must be able to raise concerns, report misconduct, and participate in investigations without fear of reprisal.  Retaliation against any individual for engaging in protected activities is strictly prohibited and will not be tolerated.

Any form or retaliation against an individual who, in good faith, reports misconduct, participates in an investigation, hearing, or inquiry, or exercises any right protected by law or ENCSD policy is a serious violation of school standards. ENCSD will take prompt, fair, and appropriate action against individuals found to have engaged in retaliatory conduct.

This policy is adopted in accordance with Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the North Carolina Whistleblower Act (N.C.G.S. § 115C-407.15 et seq.), and all applicable federal and state laws and regulations.

Definitions

• Retaliation: Any adverse action taken against a person because they engaged in a protected activity, including but not limited to reporting misconduct, filing a complaint, participating in an investigation, or asserting rights under the law or ENCSD policy. Examples include demotion, denial of benefits, harassment, intimidation, exclusion, disciplinary action, threats, or termination.
• Protected Activity: Any activity that is protected under law or policy, including:
  • Reporting suspected violations of law or policy
  • Reporting discrimination, harassment, bullying, or other prohibited conduct
  • Participating in or cooperating with an investigation or proceeding
  • Filing grievances or exercising any rights under state or federal law
• Good Faith Report: A report made with an honest and reasonable belief that a violation has occurred, even if that report is later found to be unsubstantiated.

I.  This Policy Covers

This policy applies to:

• All ENCSD employees (full-time or part-time)
• Students
• Parents/Guardians
• Volunteers
• Contractors
• Any individuals or entities conducting business with or on behalf of ENCSD

II. Prohibited Conduct

ENCSD prohibits any individual from retaliating against another person for:

• Filing a complaint or report of misconduct (e.g., discrimination, harassment, bullying, fraud, abuse) as protected by Title VII, Title IX, Section 504, ADA, FMLA, and state law.
• Participating in an investigation, grievance process, hearing, or court proceeding under any applicable law or ENCSD policy.
• Providing truthful information in connection with an inquiry or proceeding.
• Advocating for their own or another’s rights under applicable laws or ENCSD policies.

III. Accessibility and Language Access

ENSD recognizes the importance of accessible communication.  ASL interpreters and other language access services will be made available, as appropriate, to ensure that all individuals, including students, employees, families, and community members, are able to fully participate in reporting, investigation, and resolution processes as required by Section 504 of the Rehabilitation Act, the ADA, and Title VI of the Civil Rights Act.

IV. Reporting Retaliation

Any person who believes they have experienced retaliation or has observed retaliation against another individual should report the concern to:

• Their immediate supervisor (for staff)
• The Principal or program administrator (for students or families)
• ENCSD’s Human Resources office
• ENCSD Title IX Coordinator

Reports may also be made anonymously; however, anonymous reports may limit ENCSD’s ability to investigate fully.  Individuals are protected from retaliation under Title VII Title IX, Section 504, ADA, FMLA, the North Carolina Whistleblower Act, and the North Carolina School Violence Protection Act.

V. Investigation and Response

• All complaints of retaliation will be taken seriously and investigated promptly, thoroughly, and impartially in accordance with applicable ENCSD procedures and due process requirements.
• Where retaliation is substantiated, corrective and/or disciplinary actions will be taken, up to and including termination or expulsion, consistent with due process rights.
• ENCSD will take appropriate steps to protect individuals from further retaliation during and after the investigation.

VI. False Allegations

While ENCSD encourages the reporting of legitimate concerns, knowingly making false or malicious allegations of retaliation is a violation of this policy and may result in disciplinary action.

VII. Training and Communication

ENCSD will provide regular training and support to staff and students on their rights and responsibilities under this policy.  Training will include information on legal protections against retaliation under federal and state law, and on the availability of ASL interpreters and other language access services. This policy will be reviewed and updated as needed to ensure ongoing compliance with applicable laws and best practices.

Legal References

• Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq; 29 CFR Part 1604)
• Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.; 34 CFR Part 106)
• Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.; 28 CFR Part 35)
• Section 504 of the Rehabilitation Act of 1973 (29 U.S,C, § 794;34 CFR Part 104)
• Family and Medical Leave Act (29 U.S.C. § 2601 et seq.; 29 CFR Part 825)
• North Carolina Whistleblower Act (N.C.G.S. § 126-84 et seq.)
• North Carolina School Violence Prevention Act (N.C.G.S. § 115C-407.15 et seq.)
• North Carolina False Claims Act (N.C.G.S. § 1-605 et seq.)
• State Board of Education Policies (NCDPI)
• OSHR Workplace Violence and Anti-Retaliation Guidelines
• U.S. Department of Education, Office for Civil Rights (OCR) Regulations (34 CR 100.7€, 34 CFR 106.71, 34 CFR 104.61, 28 CFR 35.134, 34 CFR 110.34)

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the importance of addressing complaints in a fair, orderly, and lawful manner.  This policy clarifies the appropriate role of individual Board members and the Board as a whole in handling complaints, in alignment with applicable federal and state laws, while ensuring accessibility and effective communication for Deaf and hard of hearing stakeholders.

I. Policy Statement

The Board of Trustees shall establish and support clear procedures for receiving and resolving complaints.  Individual Board members shall not investigate, adjudicate, or attempt to resolve complaints independently, but shall instead ensure that complaints are directed to the appropriate administrative channels.  This approach preserves the integrity of the administrative process, protects due process rights, and maintains the proper governance-administration boundary.

II. Role of Individual Board Members

1. Individual Board members shall listen respectfully to complainants but shall not promise specific outcomes or take independent action to resolve complaints.
2. Board members shall refer complainants to the appropriate administrative complaint process or to the Superintendent or designee.
3. Board members shall avoid involvement in fact-finding, investigation, or decision-making related to complaints that may later come before the Board.
4. Board members shall maintain confidentiality and avoid discussion of complaints outside of official Board proceedings, as required by law.

III. Roles of the Board as a Governing Body

1. The Board shall act on complaints only when they are properly brought before the Board through established procedures, such as appeals.
2. The Board’s role is to review the administrative process for compliance with policy and law, not to substitute its judgment for that of administrators on matters delegated to administration.
3. The Board shall ensure that complaint procedures are accessible, clearly communicated, and compliant with applicable laws.

IV. Accessibility and Effective Communication 

ENCSD shall ensure that complaint procedures and communications related to complaints are accessible to Deaf and hard of hearing students, parents, guardians, employees, and members of the public.  

This includes, as appropriate:

• Provision of qualified interpreters, captioning, or other auxiliary aids and services
• Use of accessible and plain-language formats
• Consideration of communication needs identified in a student’s Individualized Education Program (IEP) or Section 504 Plan

VI. Legal Compliance and Due Process 

1. Complaint handling shall comply with all applicable federal and state laws, including due process.
2. This policy shall not be interpreted to limit rights or remedies available under IDEA, ADA, Section 504, Title IX, or other applicable laws.
3. Board members shall avoid actions that could compromise the impartiality of the complaint or appeal process.

Legal References

• North Carolina General Statutes §§ 115C-36, 115C-47
• North Carolina Administrative Procedure Act, as applicable
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the critical importance of safeguarding confidential information in a fair, lawful, and responsible manner.  This policy establishes expectations for the protection, access, use, and disclosure of confidential information in alignment with applicable federal and state laws, while ensuring accessibility and effective communication for Deaf and hard of hearing, students, families, employees, and other stakeholders.

I. Policy Statement

The Board of Trustees shall establish and support clear standards and procedures to protect confidential information.  Confidential information shall be accessed and used only for legitimate educational or operational purposes and only by individuals with appropriate authorization.  Unauthorized access, use, or disclosure of confidential information is strictly prohibited.  

This policy preserves privacy rights, supports dues process, maintains public trust, and ensures that confidentiality obligations are upheld within ENCSD’s educational environment.

II. Scope and Responsibility

This policy applies to all ENCSD Board members, administrators, employees, contractors, volunteers, interns, and any other individuals or entities who have access to confidential information through their role or relationship with ENCSD.

All individuals with access to confidential information are responsible for understanding and complying with this policy and all related laws and procedures. The obligation to protect confidential information continues after the end of employment or service with ENCSD.

III. Confidential Information Standards

Confidential information shall include, but is not limited to:

• Student education records and personally identifiable information protected under FERPA and IDEA
• Personnel records and employment-related information
• Medical, health, and disability-related information
• Information discussed in closed sessions of the Board of Trustees
• Any other information protected from disclosure by law or Board policy

Confidential information shall not be accessed, used, discussed, or disclosed except as permitted or required by law or Board policy.

IV. Accessibility and Effective Communication 

ENCSD shall ensure that all communications involving confidential information are provided in a manner that is accessible to Deaf and hard of hearing individuals, without compromising confidentiality.

This includes, as appropriate:

• Provision of qualified interpreters, captioning, or other auxiliary aids and services
• Use of accessible and plain-language formats
• Ensuring that interpreters and service providers adhere to confidentiality requirements
• Consideration of communication needs identified in a student’s Individualized Education Program (IEP) or Section 504 Plan

V. Use, Disclosure, and Safeguards 

Confidential information shall be disclosed only to individuals with a legitimate educational or professional interest or as otherwise permitted or required by law.  

ENCSD shall implement appropriate administrative, technical, and physical safeguards to protect confidential information, including information stored or transmitted electronically.

Confidential information shall not be shared through unsecured communication platforms or personal devices unless authorized and appropriately protected.

VI. Legal Compliance and Due Process

The handling of confidential information shall comply with all applicable federal and state laws, including due process requirements.

This policy shall not be interpreted to limit rights or remedies available under FERPA, IDEA, ADA, Section 504, Title IX, or other applicable laws.

Board members and employees shall avoid actions that could compromise the integrity, impartiality, or legality of confidentiality protections.

VII. Violations and Reporting

Unauthorized access, use, or disclosure of confidential information may result in disciplinary action, up to and including dismissal, in accordance with applicable OSHR policies, and may result in civil or criminal liability.

Any suspected breach of confidentiality shall be reported promptly to the Superintendent or designee in accordance with ENCSD procedures.

Legal References

• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
• North Carolina General Statutes §§ 115C-319, 115C-402, 132-1.4, 143-318.11
• North Carolina Public Records Law

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the importance of conducting Board meetings in a manner that is transparent, orderly, lawful, and accessible.  This policy establishes expectations for the conduct of Board meetings in alignment with applicable federal and state laws, while ensuring accessibility and effective communication for Deaf and hard of hearing students, families, employees, and members of the public.

I. Policy Statement

The Board of Trustees shall conduct its meetings in accordance with applicable North Carolina law, Board of Trustees bylaws, and adopted procedures governing ENCSD.  Board meetings shall be structured to promote effective governance, informed decision making, public participation as required by law, and respect for due process.  All official actions of the Board shall occur in properly noticed meetings and be recorded as required by law.

II. Types of Board Meetings

The Board of Trustees may hold the following types of meetings, as permitted by law:

• Regular meetings
• Special meetings
• Emergency meetings
• Closed sessions

All meetings shall be conducted in compliance with the North Carolina Open Meetings Law and other applicable state requirements, including notice and recordkeeping requirements.

III. Quorum and Voting

A quorum, as defined by applicable law and Board of Trustees bylaws, shall be required for the Board to conduct official business.

Board actions shall be taken by majority vote of the members present and voting, unless a greater vote is required by law.

Board members shall vote in open session except as permitted by law.

IV. Public Participation

The Board of Trustees values appropriate public input and shall provide opportunities for public comment in accordance with Board of Trustees adopted procedures.

Public participation shall be conducted in an orderly manner and may be subject to reasonable time, place, and manner restrictions to ensure the efficient conduct of Board business.

V. Accessibility and Effective Communication

ENCSD shall ensure that Board meetings and related communications are accessible to Deaf and hard of hearing individuals and other persons with disabilities.

This includes, as appropriate:

• Provision of qualified interpreters, captioning, or other auxiliary aids and services
• Use of accessible and plain-language meeting materials
• Accessible meeting locations and virtual participation options when available
• Advance notice of meetings and agendas in accessible formats

Requests for accommodations shall be handled in accordance with applicable law and ENCSD procedures.

VI. Closed Sessions

The Board of Trustess may enter closed session only for purposes permitted by North Carolina law, including but not limited to matters involving personnel, student records, attorney-client privilege, and confidential information.

Closed sessions shall be conducted in accordance with statutory requirements, and no final action shall be taken in closed session unless permitted by law.

Board members shall maintain the confidentiality of information discussed in closed session.

VII. Legal Compliance and Due Process

Board meetings shall be conducted in compliance with all applicable federal and state laws, including due process requirements.

This policy shall not be interpreted to limit rights or remedies available under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, or other applicable laws.

The Board shall ensure that its meeting practices uphold fairness, transparency, and the integrity of the governance process.

Legal References

• North Carolina General Statutes §§ 143-318.9 through 143-318.18 (Open Meetings Law)
• North Carolina General Statutes § 115C-142 (Governance of the Eastern North Carolina School for the Deaf)
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the importance of transparency in governance while also acknowledging that certain matters must be discussed in closed session as permitted by law.  This policy establishes standards for entering and conducting closed sessions in compliance with North Carolina law, while protecting confidentiality, due process, and the rights of Deaf and hard of hearing students, employees, and other stakeholders.

I. Policy Statement

The Board of Trustees may enter closed session only for purposes expressly authorized by North Carolina law.  Closed sessions shall be conducted in a manner that preserves confidentiality, complies with legal requirements, and maintains public trust.  The Board shall not use closed sessions to evade the spirit or intent of the Open Meetings law.

II. Authorized Purposes for Closed Session

The Board of Trustess may enter closed session only to discuss matters permitted under North Carolina General Statutes § 143-318.11, including but not limited to:

• Personnel matters, including employement, appointment, discipline, performance, or dismissal of an employee or officer
• Student matters protected by confidentiality laws
• Consultation with the Board’s attorney to preserve attorney-client privilege
• Acquisition of real property
• Matters relating to school safety plans or emergency response information
• Other matters specifically authorized by law

No final action shall be taken in closed session except as permitted by law.

III. Procedure for Entering Closed Session

The Board of Trustees shall enter closed session only after adopting a motion in open session that cites the specific statutory authority for the closed session.

The motion shall be recorded in the official minutes of the meeting.

Only Board members and individuals whose presence is necessary to address the matter under discussion may attend closed session.

IV. Confidentiality Obligations

All information discussed in closed session is confidential and shall not be disclosed except as permitted or required by law.

Board members, administrators, and others present in closed session shall maintain the confidentiality of closed session discussions and records.

The obligation to maintain confidentiality continues after a Board member’s term of service or an individual’s employment or engagement with ENCSD ends.

V. Accessibility and Effective Communication

ENCSD shall ensure that Board meetings and related communications are accessible to Deaf and hard of hearing individuals and other persons with disabilities.

This includes, as appropriate:

• Provision of qualified interpreters, captioning, or other auxiliary aids and services
• Use of accessible and plain-language meeting materials
• Accessible meeting locations and virtual participation options when available
• Advance notice of meetings and agendas in accessible formats

Requests for accommodations shall be handled in accordance with applicable law and ENCSD procedures.

VI. Legal Compliance and Due Process

Closed sessions shall be conducted in compliance with all applicable federal and state laws, including due process requirements.

This policy shall not be interpreted to limit rights or remedies available under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, or other applicable laws.

The Board members shall avoid actions in closed session that could compromise impartiality, confidentiality, or the legality of Board decisions.

Legal References

• North Carolina General Statutes §§ 143-318.9 through 143-318.18 (Open Meetings Law)
• North Carolina General Statutes § 143-318.11 (Closed Sessions)
• North Carolina General Statutes § 115C-142 (Governance of the Eastern North Carolina School for the Deaf)
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the importance of establishing and maintaining a quorum to conduct official Board business lawfully and effectively.  This policy sets forth expectations regarding quorum requirements to ensure that Board actions are valid, transparent, and compliant with North Carolina law, while supporting orderly governance and informed decision making.

I. Policy Statement

The Board of Trustees shall conduct official business only when a quorum is present, as required by applicable North Carolina law and the Board of Trustees’ bylaws. Actions taken without a quorum shall have no legal effect unless subsequently ratified in accordance with law and Board procedures.

II. Definition of Quorum

For purposes of this policy, a quorum shall consist of a majority of the voting members of the Board of Trustees, unless otherwise specified by law.

Board members participating by means permitted by law, and Board procedures shall be counted toward the quorum.

III. Determination and Maintenance of a Quorum

The presence of a quorum shall be established at the beginning of each meeting and shall be maintained throughout the meeting in order for the Board to take official action.

If at any time a quorum is no longer present, the Board of Trustees shall take no further official action until a quorum is reestablished.

IV. Actions When a Quorum is Not Present

In the absence of a quorum, the Board of Trustees may:

• Receive information or updates, provided no official action is taken.
• Recess or adjourn the meeting.
• Schedule or reschedule business for a future meeting when a quorum is expected.

V. Accessibility and Effective Communication

ENCSD shall ensure that Board meetings and related communications are accessible to Deaf and hard of hearing individuals and other persons with disabilities.

This includes, as appropriate:

• Provision of qualified interpreters, captioning, or other auxiliary aids and services
• Use of accessible and plain-language meeting materials
• Accessible meeting locations and virtual participation options when available
• Advance notice of meetings and agendas in accessible formats

Requests for accommodations shall be handled in accordance with applicable law and ENCSD procedures.

VI. Legal Compliance and Due Process

Quorum requirements shall be applied in compliance with all applicable federal and state laws, including the North Carolina Open Meetings Law.

This policy shall not be interpreted to limit rights or remedies available under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, or other applicable laws.

The Board of Trustees shall avoid actions that could compromise the legality or validity of Board decisions due to the absence of a quorum.

Legal References

• North Carolina General Statutes §§ 143-318.9 through 143-318.18 (Open Meetings Law)
• North Carolina General Statutes § 115C-142 (Governance of the Eastern North Carolina School for the Deaf)
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the importance of clear, lawful, and transparent voting methods to ensure the validity of Board actions and maintain public trust.  This policy establishes standards for voting by the Board of Trustees in alignment with applicable North Carolina law, while supporting orderly governance and effective decision-making.

I. Policy Statement

The Board of Trustees shall take official action only through lawful voting methods conducted during properly convened meetings with a quorum present.  Voting shall be conducted in a manner that is transparent, accurately recorded, and consistent with North Carolina law, Board of Trustees bylaws, and adopted procedures.

II. Voting Requirements

1. All official actions of the Board of Trustees shall require an affirmative vote of a majority of the members present and voting, unless a greater vote is required by law.
2. Board members shall vote on all matters brought before the Board, except when a member is legally required to recuse themself due to a conflict of interest or other legal obligation.
3. Abstentions shall be recorded in the official minutes and shall not be counted as affirmative votes.

III. Methods of Voting

The Board of Trustees may use the following voting methods, as permitted by law and Board procedures:

• Voice vote
• Show of hands
• Roll-call vote
• Written ballot, when authorized by law

The Chair of the Board of Trustees shall determine the appropriate voting method unless a specific method is required by law or requested by a Board member in accordance with Board procedures.

IV. Recording of Votes

All votes shall be accurately recorded in the official minutes of the meeting, including the motion, the vote count, and the disposition of the motion.

Roll-call votes shall record each Board member’s vote individually.

Votes taken in closed session shall be recorded as permitted by law, and any final action shall be taken and recorded in open session unless otherwise authorized by law.

V. Accessibility and Effective Communication

ENCSD shall ensure that voting procedures are accessible to Deaf and hard of hearing Board members and members of the public observing Board meetings.

This includes, as appropriate:

• Use of clear visual identification of motions and votes
• Provision of qualified interpreters, captioning, or other auxiliary aids and services during meetings
• Use of accessible and plain-language materials to support understanding of matters being voted upon.

VI. Legal Compliance and Due Process

Voting by the Board of Trustees shall comply with all applicable federal and state laws, including the North Carolina Open Meetings Law.

This policy shall not be interpreted to limit rights or remedies available under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, or other applicable laws.

The Board of Trustees shall avoid voting practices that could compromise transparency, fairness, or other legality of Board actions.

Legal References

• North Carolina General Statutes §§ 143-318.9 through 143-318.18 (Open Meetings Law)
• North Carolina General Statutes § 115C-142 (Governance of the Eastern North Carolina School for the Deaf)
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes that written board policies are essential to effective governance, legal compliance, and transparent decision making.  This policy establishes the framework for the development, adoption, dissemination, implementation, review, and revision of Board policies.

I. Policy Statement

The ENCSD Board of Trustees shall adopt and maintain written policies that govern the operation of the school and guide the actions of the Board, Superintendent, staff, students, and stakeholders.  Board policies shall reflect the Board’s vision, mission, and values; ensure compliance with federal and state requirements; and support equitable access and inclusion for all students, including Deaf and hard of hearing students.

II. Authority of Board Policies

1. Board policies shall serve as the official statements of the Board’s directives and expectations.
2. All Board policies shall be consistent with applicable federal laws, North Carolina General Statutes, and North Carolina State Board of Education policies.
3. In the event of a conflict between Board policy and the law, the law shall prevail.

III. Development and Adoption of Policies

1. The Board of Trustees is responsible for adopting, amending, or repealing Board policies.
2. The Superintendent or designee may recommend new policies or revisions to existing policies for Board consideration.
3. When appropriate, the Board may seek input from stakeholders, including staff, parents, and community members, using accessible formats and communication methods.
4. Policies shall be adopted in accordance with applicable open meetings and public records laws.

IV. Implementation and Administration

1. The Superintendent shall be responsible for implementing Board policies and developing any necessary administrative procedures consistent with those policies.
2. Administrative procedures shall not conflict with Board policy or applicable law.
3. The Superintendent shall ensure that policies are implemented in a manner that provides effective communication and reasonable accommodations for Deaf and hard of hearing students, parents, guardians, employees, and members of the public, consistent with the ADA and Section 504.

V. Accessibility and Communication

ENCSD shall ensure that Board policies and related information are accessible to all stakeholders.  This includes appropriate:

• Provision of policies in accessible digital formats
• Captioned or interpreted Board meetings and public communications
• Effective communication accommodations for Deaf and hard of hearing individuals, consistent with federal and state accessibility requirements

VI. Review and Revision of Policies

1. The Board shall periodically review policies to ensure continued relevance, effectiveness, and legal compliance.
2. Policies may be revised or repealed as needed to reflect changes in law, State Board policy, or Board priorities.
3. The Superintendent shall notify the Board of any legal or regulatory changes that may require policy updates.

VII. Suspension or Waiver of Policies

The Board may temporarily suspend or waive a policy when permitted by law and when the Board determines such action is in the best interest of the school, provided that any such action is properly documented and does not violate federal or state requirements.

Legal References

• North Carolina General Statutes §§ 115C-36, 115C-47
• North Carolina Open Meetings Law, N.C.G.S. § 143-318.9 et seq.
• North Carolina Public Records Law, N.C.G.S. § 132-1 et seq.
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794

I. PURPOSE 

The Board of Trustees recognizes the importance of clear, consistent, and transparent policies to guide district operations to ensure accountability.  The policy establishes the procedures for developing, reviewing, and adopting policies governing the Eastern North Carolina School for the Deaf (ENCSD), in compliance with federal and state law, including the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, North Carolina Department of Public Instruction (NCDPI) guidance, and North Carolina School Boards Association (NCSBA) standards.

The Board affirms its commitment to ensuring equitable and accessible communication for students, staff, families, and community stakeholders who are deaf, hard of hearing, or have other disabilities, consistent with ADA Title II requirements.

II. DEFINITIONS

• Board of Trustees (Board): The governing body of ENCSD responsible for adopting, amending, and enforcing policies in compliance with state and federal law.
• Superintendent: The chief administrative officer at ENCSD responsible for implementing policies adopted by the Board and for managing daily school operations.
• Policy: A formal statement adopted by the Board establishing principles or directives that govern the operation and management of the school and its programs.
• Policy Review Team: A group designated by the Superintendent or Board to review and evaluate policy drafts for compliance with applicable federal and state regulations, NCDPI guidance and NCSBA best practices prior to submission to the Board.
• Draft Policy: A proposed policy or revision under consideration but not yet formally adopted by the Board.
• Emergency Circumstances: Conditions under which delaying policy adoption would result in legal or compliance risks, compromise student or staff safety, or significantly disrupt operations.
• Two-Read Process: The standard procedure by with Board reviews policies during two separate meetings to allow for thoughtful consideration and community awareness.

III. Sources of Policy Development

Policy proposals may be initiated by:

• The Superintendent’s office
• The Board of Trustees’ Attorney
• The Board of Trustees

All draft policies or revisions must be submitted to the Policy Review Team for Review of:

• Compliance with federal and state laws (Title VI, Title IX, Section 504, ADA, FERPA)
• Alignment with NCDPI and NCSBA models
• Consistency with district goals and accessibility requirements

ENCSD policies shall reflect the school’s commitment to inclusiveness, accessibility, and ADA standards, ensuring equitable educational and communication access for all community members.

IV. Policy Review Process

The Policy Review Team shall:

• Examine draft policies or revisions for legal compliance and operational alignment.
• Recommend modifications to ensure adherence to mandates, accessibility standards, and best practices.

The Policy Review Team may request clarifications or revision from the drafting entity prior to Board consideration.

Upon completion of review, the finalized draft will be forwarded to the Board of Trustees for including on the meeting agenda.

V. Board Review – Two-Read Process

Unless an emergency circumstance applies, the Board of Trustees shall review all new or revised policies in two separate readings at regular meetings:

• First Reading: Presentation of proposed policy, discussion, and opportunity for questions or feedback.
• Second Reading: Final review and Board action, which may include adoption, revision, or rejection.

Time between readings provides Trustees, staff, and stakeholders an opportunity to review and comment as permitted by law.

VI. Emergency Circumstances

Under documented emergency conditions, the Board may combine the first and second reading and adopt a policy in one session.

• Emergency adoption may occur when delay would:
  • Create a compliance or legal risk.
  • Compromise the safety or welfare of students or staff.
  • Significantly disrupt district operations.

Following emergency adoption, the policy may be scheduled for subsequent review and refinement.

VII. Policy Adoption and Dissemination

Policy is formally adopted upon a majority vote of the Board at the second reading (or combined emergency reading).

Once adopted policies shall be:

• Entered into the official ENCSD Board Policy Manual.
• Distributed to applicable district staff and stakeholders.
• Made available to the public via ENCSD website in formats accessible under the ADA.

VIII. Review and Revision

Policies shall be reviewed periodically, or as required by changes in law, regulation, or school practice.

Revisions and rescissions shall follow the same review and adoption process described in this policy.

IX. Legal References

• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681
• Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d
• North Carolina General Statutes §§ 115C-36, 115C-47(18), 115C-218.10, 143-318.9 et seq. (Open Meetings Law)
• North Carolina Department of Public Instruction (NCDPI) Policy Manual
• North Carolina School Boards Association (NCSBA) Policy 2410 – Policy Development

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes that administrative procedures are necessary to ensure the effective, consistent, and lawful implementation of Board policies.  The policy establishes the authority, scope, and expectations for the development and use of administrative procedures in alignment with applicable federal and state laws.

I. Policy Statement

Administrative procedures shall be developed to provide clear guidance for carrying out Board policies and managing the day-to-day operations of ENCSD.  Such procedures shall support the Board’s policies, promote operational efficiency, and ensure compliance with all legal requirements, while addressing the unique instructional, communication, and accessibility needs of Deaf and hard of hearing students and stakeholders.

II. Authority and Responsibility

1. The Superintendent is authorized and directed to develop, implement, and revise administrative procedures necessary to carry out Board policies.
2. Administrative procedures shall be consistent with Board policy and shall not exceed, conflict with, or amend Board policy.
3. In the event of a conflict between administrative procedures and Board policy, Board policy shall prevail.

III. Development and Implementation of Administrative Procedures

1. Administrative procedures may be adopted, revised, or rescinded by the Superintendent or designee without prior Board approval, unless otherwise required by Board policy or law.
2. The Superintendent shall ensure that administrative procedures are implemented uniformly and fairly across ENCSD.
3. When appropriate, administrators may consult with staff, parents, or other stakeholders during the development of procedures, using accessible communication methods.

IV. Accessibility and Effective Communication

Administrative procedures shall be implemented in a manner that ensures effective communication and accessibility for all students, parents, guardians, employees, and members of the public, including Deaf and hard of hearing individuals.  This includes, as appropriate:

• Provision of reasonable accommodations and auxiliary aids and services under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act
• Use of qualified interpreters, captioning, and accessible formats
• Consideration of communication needs as outlined in a student’s Individualized Education Program (IEP) or Section 504 plan.

V. Consistency with the Law

1. All administrative procedures shall comply with applicable federal and state laws, regulations, and North Carolina State Board of Education policies.
2. Administrative procedures shall not be used to waive, suspend, or diminish rights guaranteed by law, including but not limited to protections under IDEA, ADA, Section 504, Title IX, or other civil rights statutes.

VI. Review and Revision 

1. The Superintendent shall periodically review administrative procedures to ensure effectiveness, consistency with Board policy, and legal compliance.
2. Administrative procedures shall be updated as necessary to reflect changes in law, State Board policy, or operational needs.
3. The Board may request information regarding administrative procedures to support oversight responsibilities.

Legal References

• North Carolina General Statutes §§ 115C-36, 115C-47
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• North Carolina State Board of Education Policies

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes that clear, consistent, and accessible school rules are essential to maintaining a safe, orderly, and supportive learning environment.  This policy establishes the authority and expectations for the development, communication, and enforcement of school rules in alignment with applicable federal and state laws.

I. Policy Statement

ENCSD shall establish and enforce school rules that promote student safety, positive behavior, respect for other, and an environment conducive to learning. School rules shall be reasonable, age-appropriate, clearly communicated, and applied fairly and consistently, while respecting the rights of students.

II. Authority to Establish School Rules

1. The Superintendent or designee is authorized to establish school rules consistent with Board policies and applicable laws.
2. The principal may develop and implement school rules as necessary to support safe and effective school operations, provided such rules align with Board policy and Superintendent-issued administrative procedures.
3. School rules shall not conflict with Board policies, administrative procedures, or legal requirements.

III. Communication and Accessibility of School Rules

1. School rules shall be communicated to students, parents, guardians, and staff in a clear and accessible manner.
2. Rules shall be made available in formats accessible to Deaf and hard of hearing students and families, including but not limited to:
   1. Visual and plain language formats
   2. ASL or other sign language supports
   3. Captioned or accessible digital content
3. Reasonable accommodations and auxiliary aids and services shall be provided to ensure effective communication, consistent with the ADA, Section 504, and IDEA as applicable.

IV. Enforcement of School Rules

1. School rules shall be enforced fairly, consistently, and in a manner that respects student rights.
2. Students shall not be disciplined for behavior that is a direct result of a disability or communication barrier, consistent with IDEA and Section 504 requirements.
3. Disciplinary responses to violations of school rules shall align with Board policies related to student discipline and due process.

V. Review and Revision 

1. School rules shall be reviewed periodically to ensure effectiveness, fairness, and legal compliance.
2. The Superintendent shall ensure that school rules are updated as needed to reflect changes in law, Board policy, or school needs.
3. Stakeholder input may be considered during the review process, using accessible communication methods.

Legal References

• North Carolina General Statutes §§ 115C-47, 115C-390 et seq.
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• North Carolina State Board of Education Policies related to student conduct

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes that consultants may be engaged to provide specialized expertise and professional services to support informed decision-making and effective governance.  This policy establishes the authority, expectations, and limitations related to the use of consultants by the Board in alignment with applicable federal and state laws.

I. Policy Statement

The Board of Trustees may retain consultants to advise the Board on specific issues requiring specialized knowledge or skills beyond those available within ENCSD.  Consultants shall serve in an advisory capacity only and shall not exercise administrative authority or decision-making power reserved to the Board or Superintendent.

II. Authority to Engage Consultants

1. The Board of Trustees may authorize the engagement of consultants as needed to support Board responsibilities. 
2. The Board shall define the scope, purpose, duration, and compensation of consultant services.
3. Consultants shall be engaged in accordance with applicable procurement laws, Board policies, and budgetary constraints.

III. Roles and Limitations of Consultants

1. Consultants shall provide advice, analysis, or recommendations as requested by the Board.
2. Consultants shall not direct staff, supervise employees, or interfere with the administrative functions of ENCSD.
3. Consultants shall not represent ENCSD or the Board unless explicitly authorized to do so.
4. Consultants shall comply with all applicable laws, Board policies, and confidentiality requirements.

IV. Relationship to Superintendent and Staff

1. Consultants engaged by the Board shall not circumvent the authority of the Superintendent or administrative staff.
2. The Superintendent shall be informed of the engagement of consultants whose work may affect school operations or administration.
3. Consultants may interact with staff as necessary to fulfill their duties, consistent with the scope approved by the Board.

V. Accessibility and Effective Communication 

Consultants engaged by the Board shall support effective communication and accessibility for Deaf and hard of hearing stakeholders when participating in Board meetings, interviews, presentations, or other activities involving ENCSD, consistent with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

VI. Confidentiality and Ethics 

1. Consultants shall maintain confidentiality of information obtained through their engagement consistent with law and contractual terms.
2. Consultants shall adhere to applicable ethical standards and avoid conflicts of interest.

Legal References

• North Carolina General Statutes §§ 115C-36, 115C-47
• North Carolina Public Records Law, N.C.G.S. § 132-1 et seq.
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the need for competent legal counsel to support effective governance, ensure compliance with applicable laws, and protect the interests of the school.  This policy establishes the authority, role, and expectations related to the appointment and use of a Board Attorney, in alignment with applicable federal and state laws.

I. Policy Statement

The Board of Trustees shall retain a qualified attorney or law firm to serve as legal counsel to the Board.  The Board Attorney shall advise the Board on legal matters related to governance, policy, and operations and shall represent the Board when authorized.  Legal services shall be provided in a manner that supports transparency, ethical governance, and the rights of all stakeholders, including Deaf and hard of hearing students, families, employees, and members of the public.

II. Appointment and Authority

1. The Board of Trustees shall appoint and retain the Board Attorney and determine the scope and terms of legal services.
2. The Board Attorney serves at the pleasure of the Board and may be replaced or dismissed by Board action.
3. The Board Chair, or designee, may communicate with Board Attorney on behalf of the Board, consistent with Board directives.

III. Roles and Responsibilities

The Board Attorney may:

1. Provide legal advice to the Board on matters of governance, policy development, and compliance with federal and state laws
2. Advise the Board on issues related to meetings, public records, ethics, and due process
3. Represent the Board in legal proceedings or negotiations when authorized
4. Review and provide guidance on contracts, agreements, and other legal documents as requested by the Board
5. Assist the Board in understanding legal obligations related to the rights of students and employees, including obligations under IDEA, ADA, Section 504, Title IX, and other applicable laws  

IV. Relationship to the Superintendent and Administration

1. The Board Attorney represents the Board as a governing body and does not serve as legal counsel to individual Board members, employees, or students unless specifically authorized by the Board.
2. The Superintendent or designee may consult with the Board Attorney at the direction of the Board or Board Chair on matters affecting Board governance or legal compliance.
3. Nothing in this policy shall limit the Superintendent’s authority to seek separate legal counsel as permitted by law.

V. Accessibility and Effective Communication 

When participating in Board meetings, communications, or proceedings involving ENCSD stakeholders, the Board Attorney shall support the provision of effective communication and reasonable accommodations for Deaf and hard of hearing individuals, consistent with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

V. Accessibility and Effective Communication 

When participating in Board meetings, communications, or proceedings involving ENCSD stakeholders, the Board Attorney shall support the provision of effective communication and reasonable accommodations for Deaf and hard of hearing individuals, consistent with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

VI. Confidentiality and Ethics 

1. Communications between the Board and the Board Attorney shall be subject to attorney-client privilege, as provided by law.
2. The Board Attorney shall adhere to all applicable professional ethical standards and legal requirements.

Legal References

• North Carolina General Statutes §§ 115C-47, 115C-390 et seq.
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• North Carolina State Board of Education Policies related to student conduct

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) recognizes the importance of continuity in education during inclement weather, emergencies, or other unforeseen circumstances that prevent in-person attendance. This policy establishes the framework for remote learning to ensure that students continue their education in a structured and accessible manner, in compliance with North Carolina Department of Public Instruction (NC DPI) guidelines.

I. Definitions

• Remote Learning: Instruction provided to students when in-person attendance is not possible, utilizing digital platforms, printed materials, or other alternative instructional methods
• Synchronous Learning: Real-time interaction between students and teachers through video-conferencing or other live communication tools.
• Asynchronous Learning: Instruction that does not occur in real time, allowing students to complete coursework on a flexible schedule.

II. Implementation Criteria

ENCSD may implement remote learning days when:

1. Inclement weather conditions make travel to school unsafe.
2. A state of emergency or public health concern prevents in-person instruction.
3. Facility-related issues (ex: power outages, structural damage, etc.) render the campus unsafe or inoperable.
4. Other situations that may be deemed necessary by ENCSD administration, NCDPI, ENCSD Board of Trustees, and/or any state or federal government department.

III. Notification Procedures

• ENCSD will notify students, parents, and staff as early as possible regarding the transition to remote learning.
• Announcements will be made through school communication channels, including email, phone, text alerts, social media, and the ENCSD website.
• Teachers will provide students with schedules, expectations, and access instructions for remote learning platforms.

IV. Instructional Expectations

• Synchronous Learning: When feasible, teachers will conduct live instruction using video conferencing tools for direct engagement with students.
• Asynchronous Learning: Students may be assigned pre-recorded lessons, readings, assignments, or other instructional activities to complete independently.
• Accessible Learning: Instructional materials will be adapted to meet the needs of deaf and hard of hearing students, including captioned videos, ASL interpretation, and visual aids.
• Student Participation: Attendance and engagement expectations will align with state remote learning guidelines, and teachers will monitor participation and attendance through submitted assignments, check-ins, and virtual discussions.

V. Support of Students and Families

ENCSD will provide guidance and resources to ensure students have access to remote learning, including:

• Devices (laptops, tablets, etc.) for students as needed.
• Internet access support for students lacking connectivity at home.
• Technical assistance for families and students to troubleshoot issues.
• Teachers and support staff will be available to provide assistance during designated office hours.

VI. Special Education and Related Services

ENCSD will ensure compliance with Individualized Education Programs (IEPs) by providing necessary accommodations and modifications for remote learning.

Special education teachers, interpreters, and other support personnel will coordinate with families to deliver services effectively.

VII. Staff Responsibilities

• Teachers must prepare and deliver remote learning materials and ensure accessibility for all students.
• Staff will document student engagement and maintain communication with students and families to support learning.
• Administrators will oversee the implementation and effectiveness of remote learning plans, making adjustments as necessary.

VIII. Evaluation and Review

• ENCSD will periodically review the effectiveness of its remote learning policy and procedures.
• Feedback from students, families, and staff will be collected to make improvements.

Legal and Policy References

• North Carolina Department o Public Instruction Remote Learning Guidance
• North Carolina General Statutes § 115C-84.2, § 115C-102.6A-C
• NCDPI Accessibility and Equity in Remote Learning Standards

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

Purpose

ENCSD recognizes and respects the right of parents and guardians to participate actively in their child’s education, including the right to inspect instructional materials and to raise objections to content they find inappropriate.  This policy establishes transparent procedures to support parental engagement and timely resolution of concerns, in compliance with North Carolina Parents’ Bill of Rights (N.C.G.S. § 115C-76.25)

I. Parental Right to Inspect Instructional Materials

Parents, legal guardians, and certain other caregivers of currently enrolled students shall have the right to review all instructional materials used in their child’s education, including:

• Textbooks and digital texts
• Supplementary reading materials
• Audio and video resources
• School Media Center Resources
• Teacher-created instructional materials
• Online instructional content or digital learning platforms
• Surveys or assessments that probe beliefs, attitudes, or personal information

Materials are available for inspection during regular school hours upon written request to the principal or designee, specifying the material to be reviewed.  A mutually agreeable time will be arranged within a reasonable timeframe, not to exceed ten (10) school days from the date of request, in accordance with N.C.G.S. § 115C-98.

II. Procedures for Objecting to Instructional Materials

Informal Resolution 

Parents/guardians are encouraged to first address concerns informally with the teacher or relevant instructional staff.  If unresolved, a formal review process may be initiated.

Formal Objection Process

To file a formal objection, the parent or guardian must complete and submit a Request for Reconsideration of Instructional Materials Form to the Principal.  The request must include:

• Specific identification of the material (title, author, etc.)
• The portion or content to which the objection is made
• The reason for objection
• The desired outcome (ex: removal, alternate assignment)

Review Committee

Upon receipt of a formal request, the Principal shall convene a Review Committee within ten (10) school days.  

This committee shall include:

• One administrator or designee
• One certified teacher (preferably not using the challenged material)
• The school media specialist
• One parent of a current ENCSD student
• One staff member knowledgeable about the curriculum or deaf education

The committee shall review the material, relevant curriculum standards, applicable policies, and the parent’s state concerns.  They may interview staff, examine comparable materials, and seek additional information as needed.  

A written recommendation will be submitted to the principal within ten (10) school days of the committee’s formation.

Final Determination

The Principal shall review the committee’s recommendation and make a final determination within five (5) school days of receipt.  The decision will be communicated in writing to the parent/guardian.  If the parent/guardian remains dissatisfied, they may submit a written appeal to the ENCSD Superintendent within five (5) school days.  The Superintendent’s decision is final.

III. Alternative Instructional Materials

If a parent objects to specific instructional material, the student shall be provided with an alternative assignment of comparable educational value that meets the curriculum requirements, as determined by the school, without academic penalty, as required by N.C.G.S. § 115C-76.25.

IV. Exclusions

This policy does not apply to:

• Standardized tests or assessments administered by state or federal authorities
• Special education evaluations or services governed by IDEA or Section 504 (which have separate procedural safeguards)
• Classroom assignments selected independently by students (ex: book reports or self-selected reading)

V. Non-Retaliation

ENCSD strictly prohibits any form of retaliation or discrimination against a student or parent for submitting a request to inspect or object to instructional materials, in accordance with federal and state law.

VI. Recordkeeping

The school shall maintain a record of all formal objections and final determinations for a period of at least three (3) years.  These records will be reviewed periodically to identify patterns that may warrant broader curricular review.

VII. Accessibility

ASL interpreters and communication access services will be provided for all policy-related proceedings, including investigations, meetings, and appeals, as required by the Americans with Disabilities Act (42 U.S.C. § 12101) and Section 504 of the Rehabilitation Act (29 U.S.C. § 794). All communications regarding instructional materials will be made available in accessible formats including ASL and captioned content, upon request.  OSHR Reasonable Accommodation Procedures shall guide implementation.

Legal References

• N.C. Gen. Stat. § 115C-76.25 (Parents’ Bill of Rights) 
• N.C. Gen. Stat. § 115C-98 (Inspection and objection to instructional materials) 
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• Section 504 of the Rehabilitation Act, 29 U.S.C. § 794
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101
• N.C. General Statute § 115C-98.1 (enacted by S.L. 2025-84)

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

(Aligned to the Children's Internet Protection Act (CIPA) [Pub. L. No 106-554 and 47 USC 254(h)])

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, respectful, and secure online environment for all students. This policy establishes guidelines for internet safety, ethical digital behavior, and measures to prevent and respond to cyberbullying and harassment in compliance with federal and state laws, including G.S. § 115C-102.10 and the Children’s Internet Protection Act (CIPA).

II. Definitions

• Cyberbullying: The use of electronic communication to harass, intimidate, or harm an individual.
• Inappropriate Material: Content that is obscene, depicts child pornography, or is harmful to minors as defined by the Children's Internet Protection Act (CIPA).
• Unauthorized Access: Any attempt to access restricted data, systems, or networks without permission.
• Deepfakes: Digitally altered media, including images, audio, and videos, that manipulate reality in a misleading or deceptive manner, often using artificial intelligence.
• Social Media Platform: Any platform or application that allows users to create and share content publicly or privately.

III. Policy Requirements

A. Internet Safety Measures

ENCSD shall adopt, implement, and maintain an internet safety policy that does the following:

1. Limit Access to Age-Appropriate Content: Limit student access to only age-appropriate subject matter and materials on devices or internet services.
2. Protect Communication Security: Protect the safety and security of students when access email, chat rooms, and other forms of electronic communication.
3. Prohibit Unauthorized Access: Prohibit and prevent unauthorized access by students to data or information maintained by ENCSC, including “hacking” and other unlawful online activities.
4. Prevent Personal Information Disclosure: Prevent access to websites, web applications or software that do not protect against disclosure, use, or dissemination of a student’s personal information.
5. Prohibit Social Media Access: Prohibit and prevent students from accessing social media platforms, except when expressly directed by a teacher solely for educational purposes.
6. Implement CIPA Technology: Implement and maintain technology protection measures to block inappropriate material (obscene, child pornography, or harmful to minors) in compliance with CIPA.
7. Staff Supervision: Provide supervision and monitoring of student internet use by ENCSD staff.
8. CIPA Compliance: Conduct public notice and at least one public hearing before adopting or making significant changes to this policy, per CIPA requirements.

B. Internet Safety Education

ENCSD shall provide age-appropriate internet safety training as part of the standard course of study, including:

• General Safety and Cyberbullying: Safet internet practices, cyberbullying awareness and response, and responsible use of electronic communication.
• Deepfakes and Media Literacy: Education on deepfakes, misinformation, and media literacy to help students critically evaluate online content.
• Mandated Social Media and Health Instruction: Instruction on social media and its effects on health (social, emotional, and physical), provided:
  • Once during elementary school
  • Once during middle school
  • Twice during high school
  • This instruction must cover:
    • Negative effects on mental health (including addiction)
    • Misinformation distribution
    • Manipulative behavior methods
    • The permanency of online information
    • Maintaining personal security
    • How to identify cyberbullying/predatory behavior/human trafficking
    • How to report suspicious behavior

IV. Bullying and Harassment Prevention

A. Definition

Bullying and harassment involve repeated verbal, written, electronic, or physical behavior that:

• Causes fear of harm to a student or employee.
• Creates a hostile environment that interferes with a student’s education.

Bullying may be motivated by characteristics such as race, gender, disability, or socioeconomic status.

B. Prohibited Conduct

The following behaviors are prohibited:

• Threats, intimidation, and abusive language
• Spreading false rumors
• Cyberbullying via text, social media, or email
• Use of deepfake technology to spread false or misleading information about students or staff
• Physical aggression (e.g., hitting, shoving, spitting)

V. Reporting and Investigation

1. Any student who experiences cyberbullying or harassment should report the incident to a teacher, counselor, or administrator. Anonymous reporting is available.
2. Employees who witness violations must report them immediately.
3. All reports shall be investigated within 24 hours by school administration.
4. Disciplinary actions will follow the ENCSD Code of Conduct and may include counseling, parental notification, and suspension.
5. Retaliation against individuals who report bullying is strictly prohibited.

VI. Compliance and Review

1. All ENCSD employees, students, and volunteers shall receive annual training on Internet safety and cyberbullying prevention.
2. ENCSD shall conduct annual policy reviews to ensure compliance with evolving state and federal laws, including NC DPI guidelines.
3. ENCSD shall maintain documentation of compliance with CIPA, including records of public notices, hearings, and technology protection measures.
4. The LAN Manager or designated representatives shall be responsible for implementing and managing technology protection measures.
5. This policy shall be incorporated into employee training materials, student codes of conduct, and school handbooks.

VII. Contact Information

For questions regarding this policy, please contact the ENCSD Administration Office.

Approval & Adoption: This policy is adopted in accordance with federal and state regulations and will be enforced across ENCSD.

Legal References:

• Children's Internet Protection Act (CIPA) [Pub. L. No. 106-554 and 47 USC § 254(h)]
• Protecting Children in the 21st Century Act
• Family Educational Rights and Privacy Act (FERPA)
• G.S. § 115C-407.5 (Related to Bullying and Harassment)
• G.S. § 115C-102.10 (Internet Safety Policy, enacted by S.L. 2025-38, § 1(a))
• G.S. § 115C-81.26 (Social media and mental health instruction, enacted by S.L. 2025-38, § 2(a))
• North Carolina Department of Public Instruction (NC DPI) CIPA Compliance Guidelines

Revision History:

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to maintaining fair, accurate, and equitable grading practices that reflect student learning and promote academic success. This policy provides a clear framework for assessing and reporting student performance in alignment with the North Carolina Department of Public Instruction (NC DPI) policies and applicable federal and state laws.

Grading practices shall support instructional goals and reflect individual student progress toward mastery of the North Carolina Standard Course of Study or the Extended Content Standards. Grading for students with disabilities shall include appropriate accommodations or modifications as required under the student’s Individualized Education Program (IEP).

II. Definitions

For the purposes of this policy, the following definitions apply:

• Accommodations: Changes in the way a student accesses learning or demonstrates learning without altering the learning expectations. These are required for students with disabilities as specified in their IEP.
• Assessment: Any method used to evaluate a student’s knowledge, skills, or performance. This includes formative (ongoing) and summative (end-of-unit) assessments.
• Extended Content Standards (ECS): Alternate academic achievement standards aligned with the North Carolina Standard Course of Study for students with significant cognitive disabilities.
• Formative Assessment: Assessment conducted during the learning process to provide feedback and guide instruction.
• Grade Appeal: A formal request to review and reconsider a student’s final grade due to concerns about fairness, error, or compliance with policy.
• Grade-Level Standards: Expectations for what students should know and be able to do at each grade, as defined in the North Carolina Standard Course of Study.
• Grading Scale: The standardized 10-point scale used in North Carolina public schools to assign letter grades and corresponding quality points.
• Individualized Education Program (IEP): A written educational plan developed for a student with a disability, outlining services, supports, goals, and accommodations under IDEA.
• Modification: A change to the curriculum or expectations that alters the level or complexity of content taught or assessed, typically used for students with significant disabilities.
• Standards-Based Grading: A system of reporting student progress based on mastery of specific learning standards, commonly used in early elementary grades and for students on extended standards.
• Summative Assessment: Assessment used to evaluate student learning at the end of an instructional period, such as unit tests or projects.

III. General Principles

All grading practices must comply with the North Carolina Standard Course of Study, the North Carolina Extended Content Standards, and all relevant NC DPI grading and reporting policies.

1. Grades shall reflect a student’s academic achievement and progress based on clear learning targets and standards.
2. Non-academic factors such as behavior, attendance, and participation shall not be included in academic grades, in accordance with NC DPI guidance.
3. Teachers shall ensure that grading practices are accessible, unbiased, and supportive of all learners, including those receiving special education or related services.
4. All grading shall be aligned with state curriculum standards and follow NC DPI grading and reporting guidance.

IV. Grading Scale (Grades 3–12)

ENCSD shall follow the North Carolina State Board of Education’s standard 10-point grading scale:

• Honors courses: +0.5 quality points
• Advanced Placement (AP) and Dual Enrollment courses: +1.0 quality point
  (See NC SBE Policy GRAD-009 for weighting standards)

Note: ENCSD uses the 10-point grading scale for individual student grades in accordance with NC State Board of Education Policy GRAD-009.  For school accountability and reporting, performance grades are calculated on a 15-point scale as required by G.S. 115C-83.16

V. Grades for K–2 and Students on Extended Content Standards

For students in grades K–2, a standards-based reporting system will be used to reflect student progress toward mastery of foundational academic skills and individual learning goals. The North Carolina Department of Public Instruction (NCDPI) OSNU grading scale (O–Outstanding, S–Satisfactory, N–Needs Improvement, U–Unsatisfactory) will be utilized in accordance with state policy and guidelines.
Progress for students with significant cognitive disabilities shall be aligned with their IEP goals, per IDEA and NCDPI Exceptional Children (EC) Division guidance.

VI. Grading Procedures

A. Assessment and Evidence of Learning
Grades shall be based on a variety of academic evidence including, but not limited to:

• Classwork and homework
• Quizzes and tests
• Projects and presentations
• Performance tasks
• Teacher observations

B. Make-Up Work and Late Assignments
It is the responsibility of the student to make up all work missed due to absence from school. Students must have an opportunity to make up work or tests missed during an absence, and make-up work will be graded at a standard consistent with the original assignment.

Students will have the same number of days to complete make-up work as the number of days they were absent (e.g., 2 days absent = 2 days to make up work). It is the student’s responsibility to contact their teacher(s) regarding missed assignments and instruction. The school principal, in cooperation with the teacher(s), may extend the make-up window in cases of extended absences or emergency situations.

Teachers must provide make-up opportunities and appropriate flexibility in accordance with North Carolina Department of Public Instruction (NCDPI) policy and the student’s Individualized Education Program (IEP). Students with IEPs must receive support and accommodations as documented in their IEPs.

The school principal shall ensure full compliance with make-up work procedures throughout the school.

C. Academic Integrity
Academic honesty is expected of all students. Incidents of cheating or plagiarism will be addressed through appropriate disciplinary measures; however, students will be provided the opportunity to demonstrate content mastery through an alternative assessment.  Disciplinary actions for academic dishonesty will not deny students the opportunity to demonstrate mastery.

D. Progress Reports and Report Cards
Progress reports will be issued mid-quarter, and report cards will be distributed at the end of each quarter. Teachers shall maintain ongoing communication with parents and guardians about student performance, including through the parent portal, scheduled conferences, or upon request.

E. Minimum Grade Floor for Quarters 1 and 3

To encourage students to remain engaged and motivated throughout the academic year, no student shall receive a grade lower than 50 in the first (Q1) and  third (Q3) grading quarters.

• Teachers must enter the earned grade in the comment section for parents in Infinite Campus
• The posted grade shall then be overridden to 50 in Infinite Campus
• This provision applies only to Quarter 1 and Quarter 3 grades and does not affect semester or final course grades, which must reflect actual student achievement.

F. Parent and Guardian Communication
Parents/guardians shall have timely access to information about student progress. Teachers are expected to communicate concerns early and document efforts to support student learning.

G. Late Work and Missing Assignments Policy
ENCSD is committed to fostering responsibility and accountability in students while ensuring that grades reflect content mastery. The following guidelines apply to late work that is not covered under excused absences, IEPs:

• Teachers will continue to accept the assignment after four days, but the maximum score that may be earned will be a 50.
• Students are encouraged to complete all assignments regardless of lateness to support learning.
• This late work policy shall not supersede any accommodations or modifications required by a student’s IEP.

VII. Students with Disabilities

In accordance with IDEA, Section 504, and ADA:

1. Students with disabilities must be provided the accommodations and/or modifications documented in their IEP.
2. Grades must reflect student progress toward grade-level standards and/or IEP goals.
3. A student’s disability shall not be used as a reason to reduce academic grades unless it directly impacts performance and is addressed through the IEP process.
4. Teachers must use differentiated assessment methods as needed to ensure equity in grading.
5. All grading and assessment accommodations or modifications shall be implemented as documented in each student’s IEP, in accordance with NC DPI EC Division Policy.

VIII. Staff Responsibilities and Training

1. All instructional staff shall receive annual training on grading policies and practices, including updates to NC DPI guidance.
2. Teachers are responsible for maintaining accurate and current records of student grades.
3. This policy shall be reviewed annually and revised as needed to remain compliant with state and federal regulations.

Cross References:

• NC State Board of Education Policy GRAD-009
• NC DPI EC Division Policies and Procedures
• IDEA (20 U.S.C. § 1400 et seq.)
• Section 504 (29 U.S.C. § 794)
• Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
• N.C.G.S. § 115C-12(9c)

Revision Summary:

• Changed references from EDA to TA
• Changed references of NAVVY to MAPS
• Missing work section added

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) maintains a balanced, inclusive and legally compliant testing and assessment program to measure student learning, guide instruction, and satisfy state and federal accountability standards.  This policy ensures equitable access to assessments, including accommodations for deaf or hard of hearing students while fostering transparent reporting and data-driven decision making.

Non-Discrimination Statement

ENCSD does not discriminate based on race, color, national origin, sex, gender identity, sexual orientation, religion, disability, age, or any other protected status.  Curriculum development and implementation shall reflect these principles and support equitable educational access for all students and staff, including necessary accommodations for Deaf and hard of hearing individuals.

This policy aligns with:

• Individuals with Disabilities Education Act (IDEA)
• Title VI and Title IX of the Civil Rights Act
• Americans with Disabilities Act (ADA)
• North Carolina General Statutes (N.C.G.S.) §§ 115C.81.5, 115C-83.15 
• NCDPI Exceptional Children Division and Deaf Education Program Guidelines
• NCDPI Standard Course of Study and Accountability Testing Program

II. Definitions

For purposes of this policy, the following terms are defined as:

• Assessment: Any tool or method used to evaluate student learning and progress, including state, federal, and local measures.
• State Accountability Testing: North Carolina End-of-Grade (EOG) and End-of-Course (EOC) assessments required by NCDPI.
• Local Assessments: School or district-created tests (benchmark, unit tests), screeners, or progress monitoring tools.
• Formative Assessments: Ongoing checks for understanding to guide instruction.
• Summative Assessment: End-of-unit or end-of-course evaluations of mastery.
• Alternate Assessment: A state-approved assessment or evaluation method used in place of traditional statewide, local, formative, or summative assessments when standard testing formats do not appropriately measure student learning.  Such assessments must be approved by the North Carolina Department of Public Instruction and implemented in accordance with applicable state and federal accountability requirements.
• Accommodations: Changes in testing procedures or materials allowing equitable access, as specified in a student’s IEP.
• Testing Coordinator: District staff responsible for administering and monitoring compliance with assessment policies.

I. Policy Statement

1. ENCSD administers all required state assessments (EOG/EOC), alternate assessments, and federal assessments, as per NCDPI and ESSA guidelines.
2. Local assessments complement state tests to measure curriculum mastery and guide instruction.
3. Accommodations required in instructional settings must also be applied during all assessments, in accordance with each student’s IEP and NCDPI guidelines.
4. Testing must be secure, valid, and administered consistently.
5. Assessment results are used to inform instruction, identify student needs, and fulfill reporting obligations to families, ENCSD, and NCDPI

II. Testing Administration Procedures

1. State and Federal Testing
   • Administer EOG/EOC assessments as scheduled by DPI.
   • Provide alternate assessments for eligible students with significant cognitive disabilities, per NCDPI and IDEA requirements
   • Post disaggregated test results by grade and student groups, as required by ESSA, ensuring data privacy
2. Local Assessments
   • Develop formative and summative assessments aligned with NCSCOS
   • The district testing coordinator reviews and approves local assessments to ensure equity, accessibility, and validity.
3. Test Security and Integrity
   • All testing staff complete annual training on test security, confidentiality, and ethical test administration, including specific training on accessible testing for Deaf and hard of hearing students.
   • Secure handling and storage of testing materials before, during, and after administration is required.

III. Accessibility and Accommodations

• Students with IEPs, EL status, or temporary health needs receive accommodations consistent with those used in instructional settings and as outlined by IDEA and NCDPI.
• Accommodations for Deaf and hard of hearing students may include, but are not limited to:
  • Sign language interpreters
  • Captioned instructions
  • Visual aids
  • Extended time
  • Separate settings
  • The use of assistive technology
• The testing coordinator ensures accommodations do not invalidate assessments and do not hinder other students.
• All assessment materials and environments must be accessible to Deaf students and staff, including accessible instructions, communication supports, and alternative formats as needed.

IV. Reporting Results and Transparency

1. To Families
   • Individual student score reports are distributed per NCDPI requirements, in accessible formats as needed.
   • Additional reports include class-level and subgroup performance data, with interpretation support for Deaf families.
2. To the Community and Agencies
   • Public posting of district assessment data per ESSA testing transparency requirements.
   • Annual district reports include disaggregated results for comparison across student groups, including deaf and hard of hearing students.
3. Data Use
   • Instructional decisions informed by formative, summative, and state assessment data.
   • Schools use assessment data to identify interventions, processes, and adjust curriculum and instruction as needed.

V. Roles and Responsibilities

• Superintendent: Implements district-wide compliance, allocates resources, and reports outcomes to the Board and NCDPI
• Testing Coordinator: Oversees scheduling, staff training, security, accommodations, and reporting; ensures accessibility for deaf and hard of hearing students and staff
• Principal: Ensure compliance at the school level, secures testing environments, and monitors test integrity
• Teachers: Administer local assessments, incorporate accommodations aligned with IEPs, participate in test training, and ensure accessibility for all students

VI. Legal References

• Every Student Succeeds Act (ESSA) – testing transparency & accountability
• Individuals with Disabilities Education Act (IDEA) – equitable access and accommodations
• Title VI & IX of the Civil Rights Act – non-discrimination
• Americans with Disabilities Act (ADA) – access and reasonable accommodations
• North Carolina General Statutes §§ 115C-12(24), 115C-81.5, 115C-83.15 – state assessment mandates
• NCDPI Standard Course of Study and Accountability Testing Program
• ENCSD Policies:
  • 1710/4021/7230 – Nondiscrimination
  • 3200 – Instructional Planning
  • 3400 – Evaluation of Student Progress
  • 3420 – Promotion and Accountability

This policy will be reviewed annually and updated as necessary to remain compliant with changes in federal or state law and NCDPI guidance.

Purpose

ENCSD is committed to ensuring that all students are held to rigorous academic and developmental standards.  Promotion and retention decisions must reflect each student's readiness for the next level of learning, their individual progress, and their IEP-defined goals.  This policy outlines clear expectations for student advancement, with a focus on academic growth, accessibility, and compliance with:

• The North Carolina Course of Study
• NCDPI promotion and graduation standards
• North Carolina General Statutes
• Individuals with Disabilities Education Act (IDEA)
• Americans with Disabilities Act (ADA)
• Section 504 of the Rehabilitation Act

All communication and procedures related to this policy will be accessible, including American Sign Language interpretation, captioned content, and alternative formats to ensure equitable participation for Deaf and hard of hearing students and families.

I. General Principles of Student Promotion

Promotion decisions will be based on a variety of factors, including student performance on academic assessments, mastery of grade-level standards, attendance, and overall readiness for the next grade level.  The primary goal is to ensure that each student acquires the knowledge, skills, and habit necessary for success in school and life.

Promotion decisions must:

1. Be grounded in consistent, fair, and objective standards.
2. Consider individualized needs, services, and the requirements of each student’s IEP.
3. Be determined collaboratively by educators, parents/guardians, and, where appropriate, the student
4. Align with the North Carolina Standard Course of Study, Extended Content Standards, and the student’s IEP, and NCDPI accountability frameworks.
5. Ensure decisions are free from discrimination and fully accessible, including ASL interpretation and accessible formats for all communications (ADA, 42 U.S.C. § 12101; 20 U.S.C. § 1400 et seq.).

Promotion decisions will always reflect the best educational interest of the individual student, using data-informed and developmentally appropriate practices.

II. Promotion Standards

Grades K-2

Promotion is based on mastery of foundational skills in: 

• Reading
• Writing 
• Mathematics 
• Social-emotional development.  

Teacher observations formative assessments, and progress toward IEP goals will inform promotion decisions.

Grades 3-5

Promotion decisions will consider:

• Classroom performance and coursework completion
• Benchmark and formative assessment data
• State assessments
• Attendance
• Progress toward grade-level standards

Students in Grade 3 must comply with the requirements of the North Carolina Read to Achieve Program.  Students who do not demonstrate reading proficiency by the end of third grade will receive intensive reading interventions and may qualify for good cause exemptions as defined by state law.

Alternative demonstration of proficiency may include:

• Approved reading portfolios
• Retesting opportunities
• State-approved alternate assessments for eligible students

Grades 6-8

Students must demonstrate adequate progress in:

• English Language Arts
• Mathematics
• Science
• Social Studies

Promotion decisions will consider:

• Course grades
• Classroom performance
• Assessment results
• Attendance
• Completion of required coursework

For students receiving instruction through Extended Content Standards, the IEP team will determine appropriate measures of academic progress.

Grades 9-12

High school promotion is based primarily on credits earned toward graduation.

Students must earn the following minimum credits to advance:

• To Grade 10: Earn a minimum of 6 credits
• To Grade 11: Earn a minimum of 12 credits
• To Grade 12: Earn a minimum of 18 credits

Credits must be earned through successful completion of courses aligned with the North Carolina Standard Course of Study or approved alternative pathways.

Students must meet the North Carolina Graduation Requirements and any additional ENCSD-specific requirements including:

• Future-Ready Core
• Occupational Course of Study (OCS)
• Extended Content Standards Pathway 

All promotion and graduation requirements will be aligned with NCDPI guidelines and IEP team determinations (IDEA, 20 U.S.C. § 1414(d)).

III. Graduation Requirements

ENCSD will award diplomas based on successful completion of requirements established by the North Carolina State Board of Education.

Future-Ready Core Diploma

Students must earn a minimum of 22 credits, including required coursework in:

• English Language Arts
• Mathematics
• Science
• Social Studies
• Health and Physical Education
• Electives
• Additional State Requirements

Occupational Couse of Study (OCS)

Students with disabilities may pursue the OCS pathway if determined appropriate by the IEP team.  This pathway includes:

• Occupational preparation coursework
• Career and technical education components
• Work-based learning experiences

Other State-Approved Pathways

Students receiving instruction aligned with Extended Content Standards may follow graduation pathways determined by the IEP team consistent with State Board policies.

Students who do not meet diploma requirements may receive a Certificate of Completion if specified by the IEP team.

IV. Credit Recovery

Students who fail a course required for graduation may enroll in a credit recovery program that:

• Aligns with NCDPI standards and ENCSD curriculum goals.
• Focuses on mastery of specific course content rather than seat time.
• Requires approval by the principal or designee.
• Includes appropriate modifications and accommodations based on the students IEP.

Credit recovery courses may be offered during the school year, summer session, or through approved virtual platforms.

V. Repeating Courses for Credit

Students may repeat a course in which they previously earned a passing grade if approved by school administration.

When a course is repeated:

• Both course attempts will appear on the transcript.
• Only the higher of the two grades will be included in the GPA calculation.

VI. Attendance and Accountability Regulations

Attendance is a critical factor in student success.  Promotion decisions must take attendance into account:

• Students who are chronically absent (as defined by ENCSD attendance policy) may be retained if they have not demonstrated adequate academic progress.
• All excused and unexcused absences must be documented and considered in promotion decisions.
• For students with chronic health issues or disabilities, attendance expectations will be addressed in the IEP and accommodated as needed.

ENCSD will follow state and NCDPI accountability standards and reporting procedures.

VII. Students with Disabilities

Promotion decisions for students with disabilities must:

• Comply with the requirements of IDEA (20 U.S.C. § 1400 et seq). 
• Be based on the student’s IEP and progress toward individualized goals.
• Incorporate appropriate accommodations, modifications, and alternate assessments as determined by the IEP team.
• Include accessible communication with families.

VIII. Academic Interventions and Supports

ENCSD is committed to providing timely, evidence-based interventions for students who are not meeting grade-level expectations. 

ENCSD will implement evidence-based interventions, which may include:

• Targeted academic support and remediation
• Small group or individual instruction
• Extended learning opportunities (ex: extended day programs)
• Parent-teacher conferences and regular progress monitoring
• Additional supports as determined by the IEP team

Documentation of interventions and student response is required for all students considered for retention.

IX. Retention Decisions

Retention will be considered only after all appropriate interventions have been exhausted and when it is determined that the student is likely to benefit from an additional year at the current grade level.

• Retention decisions shall be made by a school-based team that includes the principal, instructional staff, and other relevant personnel.
• Parents/guardians shall be consulted and provided with written notice of potential retention, with accessible communication (including ASL as needed).
• Documentation of the student’s performance, progress monitoring, and IEP team recommendations must be maintained.

X. Parental Involvement and Notification

• Parents/guardians shall be informed regularly of their child’s academic progress and potential promotion or retention decisions.  
• All communication methods will be accessible, including sign language interpretation, written summaries, and translated materials as needed.  
• Parents will be notified in a timely manner if their child is at risk of retention and will be included in conferences to discuss the student’s progress and options.
• Documentation of all communications and meetings will be maintained in the student’s record.

XI.  Appeals Process

• If a parent/guardian disagrees with a promotion or retention decision, they may submit a written appeal to the principal within five (5) business days of notification.  
• The appeal must include a statement of reasons and any supporting documentation.  
• The principal will convene a review committee (including at least one administrator, a teacher, and a staff member knowledgeable about the curriculum and deaf education) to consider the appeal and render a decision within ten (10) business days.  
• The decision of the principal is final.

XII. Record Keeping and Reporting

• All promotion and retention decisions, including documentation of interventions, IEP team recommendations, and appeals must be maintained in the student’s cumulative records.  
• ENCSD will comply with all state and NCDPI reporting requirements regarding promotion, retention, and student progress monitoring.

XIII. Accessibility

ASL interpreters and communication access services will be provided for all policy-related proceedings, including investigations, meetings, and appeals, as required by the Americans with Disabilities Act (42 U.S.C. § 12101) and IDEA. All communications regarding promotion and retention will be made available in accessible formats including ASL and captioned content, upon request.  OSHR Reasonable Accommodation Procedures shall guide implementation.

Legal References

• North Carolina General Statutes §115C-83.1 et seq. (Read to Achieve)
• North Carolina General Statutes §115C-47(32a) (Promotion Standards)
• North Carolina General Statutes §115C-288(a) (Principal Authority)
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1400 et seq.
• Americans with Disabilities Act (ADA), 42 U.S.C. §12101
• Section 504 of the Rehabilitation Act
• North Carolina State Board of Education Graduation Requirements
• NCDPI Student Accountability and Promotion Guidelines

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

Purpose

ENCSD is committed to continuous school improvement to ensure high levels of academic achievement, equitable access, and a safe, inclusive environment or all students.  This plan is designed to meet the requirements of North Carolina Department of Public Instruction (NCDPI) School Improvement Planning Implementation Guide, and all relevant federal and state laws, with a focus on the unique needs of deaf and hard of hearing students, including the provision of American Sign Language (ASL) accommodations.

I. School Improvement Team (SIT)

The School Improvement Team (SIT) is responsible for developing, monitoring, and amending the School Improvement Plan (SIP).

• The SIT must include the principal, teachers representing each school division (elementary, middle, high school), support staff, parents of enrolled students, and community members, in accordance with N.C.G.S. § 115C-105.27.
• Teachers must be elected by their peers.  Parent representatives are selected by the school’s parent organization or, if no such organization exists, by the SIT.
• Membership must reflect the diversity of the school community, including parents and staff who are fluent in ASL and represent the deaf community.
• The principal will serve as chair unless the team elects another member.
• The SIT must operate under bylaws consistent with state law, meet regularly, and maintain records of meetings.

II. Selection Procedures

• Selections of SIT members shall occur bi-annually, prior to the start of the school year.
• Documentation of the selection process shall be retained by the school administration.
• Terms of service and procedures for filling vacancies must be clearly outlined in SIT bylaws.

III. Needs Assessment

The School Improvement Plan (SIP) shall be based on a comprehensive needs assessment that includes:

• Student achievement and growth data
• School climate and safety data
• Stakeholder surveys (students, staff, families)
• Teacher Working Conditions Survey
• Equity and accessibility audits, including ASL and communication access review.

Data is disaggregated by subgroup, including disability, language preference, and other relevant demographics to identify areas for targeted improvement.

IV. Goals and Measurable Objectives

The SIP establishes clear, measurable goals aligned with State Board of Education’s mission and annual performance targets as required by G.S. § 115C-105.35:

• Academic Achievement
  • Increase proficiency in reading, mathematics, and science as measured by state assessments and growth metrics.
  • Ensure all instructional materials and assessments are accessible in ASL and other preferred communication modes.
• School Climate and Safety
  • Foster a safe, respectful, and inclusive environment, free from bullying and harassment.
  • Integrate positive behavioral interventions and supports (PBIS) and trauma-informed practices.
• Equity and Access
  • Eliminate achievement gaps among student subgroups.
  • Ensure all programs, services, and communications are accessible in ASL and other formats as needed.
• Family and Community Engagement
  • Increase family participation in school activities and decision-making.
  • Provide all communications and meetings in accessible formats, including ASL interpretation and captioning.
• Transition and Postsecondary Readiness
  • Strengthen transition planning and services for students moving between grade levels and into postsecondary opportunities.

V. Strategies and Action Steps

• Implement evidence-based instructional practices and interventions.
• Ensure all staff receive ongoing professional development in:
  • Deaf education and ASL proficiency
  • Culturally responsive teaching
  • Accessibility and legal compliance (IDEA, ADA, Section 504)
• Provide all core instruction, counseling, and extra-curricular activities in accessible communication modes, with ASL interpretation and visual supports as standard practice.
• Develop and maintain a safe school plan, integrated into the SIP, addressing emergency preparedness and crisis response.
• Schedule regular progress monitoring and data reviews to assess the effectiveness of strategies and make timely adjustments.

VI. Parent and Community Involvement

• Actively engage parents and guardians in the development, review, and implementation of the SIP.
• Offer all meetings, materials, and communications in ASL and other accessible formats upon request.
• Establish partnerships with community organizations serving deaf and hard of hearing populations.

VII. Plan Review, Amendment, and Accountability

• The SIP is reviewed at least annually by the SIT, with adjustments made as needed based on student performance and stakeholder feedback.
• The plan is submitted for approval to the ENCSD Board of Trustees and posted publicly as required by N.C.G.S. § 115C-105.27 and NCDPI guidelines.
• Progress toward goals is monitored using explicit indicators and timeframes, with data driven decision-making guiding all amendments.

VIII. Posting and Public Availability of the Plan

• The final SIP must be posted prominently on the ENCSD website and made available in hard copy upon request.
• All posted content must be accessible, including ASL videos, captioned materials, and translated content when necessary.
• A summary of the plan’s goals and progress shall be shared at a public Board of Trustees meeting annually.

IX. Accountability and Monitoring

• The principal is responsible for ensuring faithful implementation of the SIP.
• The SIT will monitor progress through regular meetings, using established benchmarks and timelines.
• Adjustments to the plan must be documented and submitted for approval as needed.

X. Accessibility

All components of the SIP, including instruction, meetings, and communications, are accessible in ASL and other preferred communication modes. ASL interpreters and communication access services will be provided for all policy-related proceedings, including investigations, meetings, and appeals, as required by the Americans with Disabilities Act (42 U.S.C. § 12101) and IDEA. OSHR Reasonable Accommodation Procedures shall guide implementation.

Legal References

• North Carolina General Statutes, Article 8B (G.S. § 115C-105.20 et seq.)
• G.S. § 115C-105.27 (School Improvement Plan requirements)
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; 34 C.F.R. Part 104
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• North Carolina Department of Public Instruction (NCDPI) School Improvement Planning Implementation Guide

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

Purpose

ENCSD is committed to ensuring that all students, including those who are deaf or heard of hearing, have equitable access to a rigorous and meaningful high school education that prepares them for postsecondary opportunities.  This policy establishes graduation requirements in accordance with the North Carolina State Board of Education, and all applicable federal and state laws.

I. Graduation Requirements

To receive a North Carolina high school diploma from ENCSD, students must:

• Satisfy the minimum state-mandated course and credit requirements in effect for their ninth-grade cohort, as set by the State Board of Education (16 NCAC 06D .0503; G.S. § 115C-83.31; NCDPI).
• Earn a minimum of 22 course credits in the Future-Ready Core or an approved course of study.
• Complete all additional state and ENCSD-specific requirements.

Future-Ready Core State Requirements for Students Entering Ninth Grade for the First Time Between 2021-2022 and 2025-2026

* Students seeking to complete minimum course requirements for UNC universities must complete four mathematics courses, including a fourth math course with math 3 as a pre-requisite.

** Students who are learning disabled in math may have other options for meeting the four mathematics credits requirement.

NC DPI Math Chart

*** This course must, at a minimum, include the standards established by the second edition of the Voluntary National Content Standards in Economics and the 2013 National Standards for Financial Literacy, as developed by the Council for Economics Education.

† Students entering grade 9 for the first time in the 2025-2026 school year must complete at least one arts education course in grades 6-12 that satisfies the standard course of study for that course, unless exempt due to transfer status.

Future-Ready Core State Requirements for Students Entering Ninth Grade for the First Time in 2026-2027

* Students seeking to complete minimum course requirements for UNC universities must complete four mathematics courses, including a fourth math course with math 3 as a pre-requisite.

** Students who are learning disabled in math may have other options for meeting the four mathematics credits requirement.

NC DPI Math Chart

*** This course must, at a minimum, include the standards established by the second edition of the Voluntary National Content Standards in Economics and the 2013 National Standards for Financial Literacy, as developed by the Council for Economics Education.

† Students who are exempt from this requirement due to a disability or because they enrolled in NC public school after completion of grade 11 must earn one additional credit.

^ Students must complete at least one arts education course in grades 6-12 that satisfies the standard course of study for that course, unless exempt due to transfer status.

Future-Ready Occupational Course of Study Credits Required for Students Entering Ninth Grade for the First Time in 2021-2022 (only available to certain students with disabilities who have an IEP)

*The work hours included in Employment Preparation I, II, III, IV are as follows:

1. 150 hours of school-based training with work activities and experiences that align with the student’s post-school goals
2. 225 hours of community-based training 
3. 225 hours of paid employment or 225 hours of unpaid vocational training, unpaid internship, paid employment at community rehabilitation facilities, and voluntary and/or community services hours, for a total of 600 required work hours.

Future-Ready Core State Requirements for Students Entering Ninth Grade for the First Time in 2026-2027 (only available to certain students with disabilities who have an IEP)

* The work hours (total work hours 600) included in Employment Preparation I, II, III, IV shall be as follows:

1. 150 hours of school-based training work with activities and experiences that align with student’s post school goals, and
2. 225 hours of community-based training, and
3. 225 hours of paid employment or 225 hours of unpaid vocational training, unpaid internship, paid employment at community rehabilitation facilities, and volunteer and/or community service hours.

Special provision: Students with disabilities, as defined in G.S. § 115C-106.3, may participate in graduation exercises and receive a Graduation Certificate, if all the graduation requirements of the Occupational Course of Study, with the exception of 225 hours of paid employment, have been met.  Upon the documented completion of the 225 hours of paid employment, the student may request the exchange of the Graduation Certificate for a high school diploma, if the student satisfied the requirements before or during the school year in which the student turns age 22, commensurate with the student’s eligibility for a free, appropriate, public education defined by G.S. § 115C-107.1.

II. Graduation options for Students with Disabilities

• Standard Diploma
  • Students with disabilities, including those who are deaf or hard of hearing, may earn a standard diploma by meeting the Future-Ready Core requirements with appropriate accommodations and modifications as determined by their IEP.
• Occupational Course of Study
  • For qualifying students with disabilities, the IEP team may recommend OCS track, which includes a modified curriculum with a vocational focus and work-based learning requirements.
  • OCS students must meet all state-mandated OCS requirements and participate in work experiences as outlined in their IEP.
• Extended Content Standards/Certificate of Graduation
  • Students following the Extended Content Standards receive a Certificate of Graduation and may participate in graduation ceremonies.

III. Accessibility and ASL Accommodations

• All instruction, counseling, graduation planning, and ceremonies must be fully accessible in ASL and other preferred communication modes, with interpreters, captioning, and visual supports provided as needed.
• Graduation requirements, policies, and communications will be provided to students and families in accessible formats, including ASL and written translation upon request.
• ASL accommodations apply to all coursework, assessments, and graduation-related events.

IV. Individualization and IEP Considerations

• The IEP team determines the most appropriate graduation pathway for each student, ensuring all required accommodations and modifications are documented and implemented in accordance with IDEA and Section 504 (20 U.S.C. § 1400 et seq.; 29 U.S.C. § 794).
• The IEP may exempt a student from certain state requirements if the student’s disability prevents mastery, as permitted by law (G.S. § 115C-83.31(b)).
• Graduation planning is part of the transition services in the IEP, with regular review and family engagement.

V. Special Circumstances

• Students entering from non-public or out-of-state schools will have their transcripts reviewed to determine credit equivalency.
• Foreign exchange or visiting students not seeking a diploma may receive a certificate of participation.
• Homebound or hospitalized students must be provided access to the required curriculum and graduation pathway in accordance with their IEP.
• Students with interrupted education due to extenuating circumstances may be considered for credit recovery, alternative scheduling, or other interventions to support on-time graduation.

VI. Early Graduation and Transcript Notation

• Students may apply for early graduation (three-year completion) if they are at least 16 years old and meet all state minimum graduation requirements, with parental consent if under 18 (G.S. § 115C-83.31(c)).
• Early graduation is noted on the student's official transcript.

VII. Compliance and Legal References

This policy is governed by and references the following:

• North Carolina General Statutes:
  • G.S. § 115C-83.31 (Graduation Requirements)
  • G.S. § 115C-81.25(c)(10) (Founding Principles Requirement)
  • G.S. § 115C-81.45(d)(1) (CPR Requirement)
• North Carolina Administrative Code:
  • 16 NCAC 06D .0503 (Future-Ready Core Requirements)
  • 16 NCAC 06D .0506 (OCS Requirements)
• State Board of Education & NCDPI Graduation Guidelines
• Federal Requirements:
  • Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
  • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
  • Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• ENCSD Programs and Graduation Framework

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) respects the sincerely held religious beliefs of students and their families.  The school recognizes that, in limited circumstances, participation in certain school programs or activities may cause conflict with a student’s religious beliefs.

This policy establishes procedures for requesting and granting religious-based exemptions from specific school programs while ensuring that the school continues to meet all applicable educational requirements and maintain a safe and inclusive learning environment. 

II. Scope

This policy applies to instructional programs, classroom activities, assemblies, and other school-sponsored programs conducted during the instructional day or as part of the residential program when participation is required as part of the school’s educational mission.

III. Definitions

• Religious-Based Exemption: A request by a parent/guardian or eligible student to excuse the student from participation in a specific school program, activity, or instructional component due to sincerely held religious beliefs.
• Eligible Student: A student who is 18 years of age or older and legally authorized to make educational decisions on their own behalf.
• School Program: Any instructional activity, curriculum component, school assembly, residential life activity, or school-sponsored event that is part of the educational or residential experience at ENCSD.

IV. Policy

ENCSD will reasonably accommodate sincerely held religious beliefs by allowing a student to be excused from participation in a specific school program or activity when participation would substantially conflict with those beliefs.

Such accommodations will be granted in a manner that:

1. Maintains compliance with federal and state law and required instructional standards.
2. Does not interfere with the school’s ability to provide essential services.
3. Does not create a disruption to the instructional environment or residential program.

Religious-based exemptions apply only to specific activities or program components and do not excuse students from general attendance requirements or the completion of essential academic requirements.

V. Request Procedure

1. Written Request

A parent/guardian or eligible student must submit a written request to the principal or designee that:

1. Identifies the specific activity or program from which the student seeks exemption.
   1. Explains that the request is based on sincerely held religious beliefs.
2. Review of Request

The principal or designee will review the request and may consult with relevant instructional staff or residential life staff as appropriate.

The principal may request clarification necessary to understand the nature of the request.

1. Decision

The principal or designee will determine whether the exemption can be reasonably accommodated while maintaining compliance with school requirements.

The decision will be communicated to the parent/guardian or eligible student in writing.

VI. Alternate Activities

When a religious-based exemption is granted:

1. The school may provide alternative educational activity or assignment that aligns with instructional goals when appropriate.
2. The alternate activity will be supervised and structured so that the student remains engaged in educationally appropriate work.
3. Alternative activities are not intended to penalize the student but to ensure continuity of learning.

VII. Limitations

A religious-based exemption will not be granted when:

1. The exemption would prevent the school from meeting mandatory instructional requirements established by law or the North Carolina Standard Course of Study.
2. The requested exemption would pose a health or safety risk to the student or others.
3. The request would substantially disrupt the educational or residential program.

Instruction about religion as part of a secular educational program (such as historical or cultural study) does not constitute religious practice and generally will not qualify for exemption.

VIII. Residential Program Considerations

Because ENCSD operates a residential program, this policy also applies to required educational activities conducted within the residential setting.  Reasonable efforts will be made to accommodate religious-based exemption requests while maintaining student supervision, safety, and the integrity of the residential program.

IX. Non-Retaliation

Students who receive approved religious-based exemptions will not be penalized, disciplined, or otherwise disadvantaged for exercising rights under this policy.

X. Appeals

If a parent/guardian or eligible student disagrees with the principal’s decision they may appeal the decision to the Superintendent or designee within ten (10) school days of the decision.

The Superintendent’s decision will be final.

IX. LEGAL REFERENCES

• U.S. Constitution, First Amendment
• N.C. Constitution, Article I
• N.C. Gen. Stat. § 115C-36
• N.C. Gen. Stat. § 115C-81
• N.C. Gen. Stat. § 115C-390.2

Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g

Purpose

ENCSD is committed to providing a free appropriate public education (FAPE) to all enrolled students with disabilities, in accordance with their individual needs and the requirements of federal and state laws, including the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), North Carolina General Statutes, and State Board of Education policies.  This policy affirms the rights of students with disabilities and ensures access to specially designed instruction, supports, and services to enable meaningful participation in academic, social, and developmental activities.

I. Eligibility and Identification

• ENCSD shall identify, locate, and evaluate all enrolled children with disabilities who may require special education and related services, consistent with federal and state child find obligations (34 C.F.R. § 300.111; N.C.G.S. § 115C-107.3).  
• Eligibility is determined by a multidisciplinary team in accordance with IDEA and North Carolina criteria for recognized disability categories.

II. Individualized Education Programs

Every student with a disability at ENCSD shall have an IEP developed, reviewed, and revised at least annually by the IEP team, in accordance with IDEA (20 U.S.C. § 1414; 34 C.F.R, §§ 300.320-300.324; N.C.G.S. § 115C-107.6).

Each IEP will:

1. Be tailored to the student's unique strengths, needs, and primary communication mode, including American Sign Language (ASL) or other appropriate modalities.
2. Include measurable annual goals aligned with the North Carolina Standard Course of Study or Extended Content Standards.
3. Provide necessary accommodations, modifications, supports, and services to ensure access to the general curriculum in the least restrictive environment (LRE).
4. Be implemented in accordance with timelines and procedurals safeguards required by law.

III. Least Restrictive Environment

ENCSD is recognized as the least restrictive environment for students who are deaf or hard of hearing, as required by IDEA and North Carolina House Bill 11 (2023-2024).

IV. Procedural Safeguards and Parent Rights

ENCSD ensures the rights of students with disabilities and their parents or guardians are protected through:

• Timely written notice of proposed or refused actions
• Informed parental consent
• Access to independent educational evaluations
• Access to educational records
• Participation in meetings related to identification, evaluation, placement, and provisions of FAPE
• Dispute resolution processes, including mediation, and due process hearings (20 U.S.C. § 1415; 34 C.F.R. §§ 300.500-300.536; N.C.G.S. § 115C-109.1).

A copy of the Parents’ Rights Handbook will be provided at required intervals and upon request in a format accessible to the family, including sign language interpretation or written translation as needed.

V. Discipline of Students with Disabilities

Students with disabilities are subject to disciplinary measures in accordance with IDEA, state regulations, and ENCSD policy 4307 (34 C.F.R. §§ 300.530-300.536).

For any suspension exceeding 10 consecutive or cumulative days:

• Manifestation Determination Reviews (MDRs) must be conducted.
• If behavior is a manifestation of the disability, the IEP team reviews the IEP and determines appropriate interventions or changes in placement. 
• If not a manifestation, standard procedures apply, but FAPE must continue during extended removals.

VI. Section 504 and ADA

ENCSD remains prepared to meet obligations under Section 504 and the ADA should the need arise, ensuring non-discrimination and accessibility (29 U.S.C. § 794; 42 U.S.C. § 12101).

VII.  Transition Planning

Beginning no later than the first IEP in effect when the student turns 16, transition goals and services are developed to support the student’s post-secondary education, employment, and independent living goals, based on age-appropriate assessment and student and family input (34 C.F.R. § 300.320(b); N.C.G.S. § 115C-107.6).

VIII. Confidentiality

ENCSD protects the confidentiality of all personally identifiable information in accordance with the Family Educational Rights Act (FERPA), IDEA and state law (20 U.S.C. § 1232g; 34 C.F.R. Part 99; 34 C.F.R. § 300.610-300.626).

IX. Nondiscrimination and Access

• ENCSD does not discriminate on the basis of disability and ensures access to academic programs, extracurricular activities, facilities, and related services as required by IDEA, Section 504, and the ADA. 
• Facilities, communications, and transportation shall be fully accessible to students with disabilities.

X. Compliance and Monitoring

• ENCSD maintains internal procedures for compliance with all federal and state special education laws and NCDPI monitoring requirements. 
• Staff receive regular training in the student rights, IEP implementation, accommodations, accessibility, and equity in education.

XI. Accessibility

ASL interpreters and communication access services will be provided for all policy-related proceedings, including investigations, meetings, and appeals, as required by the Americans with Disabilities Act (42 U.S.C. § 12101) and IDEA. All communications are available in accessible formats including ASL and captioned content, upon request.  OSHR Reasonable Accommodation Procedures shall guide implementation.

Legal References

• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99
• North Carolina General Statutes, Article 9 (N.C.G.S. § 115C-106.1 et seq.)
• North Carolina House Bill 11 (Session Law 2023-10)
• OSHR Reasonable Accommodation Procedures

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) recognizes that the education of students is a shared responsibility among the school, parents/guardians, families, and the community. Research shows that meaningful parental involvement contributes significantly to student achievement, attendance, and positive behavior. ENCSD is committed to fostering strong school-family partnerships that support and enhance student learning, development, and well-being, in compliance with federal and state laws—including the Every Student Succeeds Act (ESSA), the Individuals with Disabilities Education Act (IDEA), Title IX, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), the Family Educational Rights and Privacy Act (FERPA), and North Carolina Department of Public Instruction (NCDPI) policies and procedures. This policy applies to all parents/guardians, including those with disabilities or limited English proficiency.

II. Definition of Parent and Family Engagement

For the purposes of this policy, parent and family engagement means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, consistent with the definition in ESSA § 8101(39). This includes opportunities for parents to participate in the planning, review, and improvement of school programs, as required by ESSA and NCDPI policy, and ensuring that:

1. Parents play an integral role in assisting their child’s learning.
2. Parents are encouraged to be actively involved in their child’s education at school.
3. Parents are full partners in their child’s education and are included, as appropriate, in decision-making and advisory roles related to their child’s educational program.

III. Expectations for Parental Involvement

ENCSD shall:

1. Develop a Parental Involvement Plan:
   ENCSD will create and maintain an annual Parental Involvement Plan, developed, reviewed, and improved with parent input, as required by ESSA § 1116(a)(2). The plan will identify strategies, timelines, and opportunities to engage families in the academic, social, and emotional development of their children. The plan will encourage participation in school events, communication efforts, student support initiatives, and parent education opportunities.
2. Ensure Accessibility:
   ENCSD will provide information and school reports in formats and languages parents can understand, as required by ESSA, Section 504, and ADA. Communication with families will be in their preferred language or mode of communication, including American Sign Language (ASL), written English, and other accessible formats.
3. Promote Two-Way Communication:
   Use multiple formats (e.g., printed notices, emails, texts, videophone, interpreter-supported meetings) to share information about student progress, school programs, and opportunities for engagement, in accordance with ESSA and NCDPI guidance.
4. Encourage Participation:
   Invite and encourage parents to participate in school events, IEP and transition planning, behavior support meetings, and school improvement activities, including Title I and IDEA-related meetings and processes.
5. Respect Parent Input:
   Actively seek and incorporate parent feedback into school-level decision-making, planning, and program development.
6. Support Home Learning:
   Provide resources and training to support parents in reinforcing learning goals and developmental skills at home.

IV. Student/Family Handbook Distribution

ENCSD shall provide every family with a Student/Family Handbook each school year. This handbook outlines student expectations, policies, and procedures and will be:

• Distributed to families annually at the beginning of the school year or at enrollment.
• Made available online at www.encsd.net for ongoing access.
• Provided in accessible formats and languages as needed.
• Include annual notification of rights under ESSA, IDEA, FERPA, and Title IX.

V. Annual Notifications

ENCSD will provide annual written notification to parents/guardians of:

• Their rights under federal and state law, including FERPA, IDEA, Section 504, ADA, and Title IX.
• The school’s policies and procedures regarding parental involvement, student discipline, attendance, and health services.
• The availability of the Student/Family Handbook and any updates.
• The process for reviewing and requesting amendments to their child’s educational records.
• The availability of assistance for parents with disabilities or limited English proficiency.

VI. Opportunities to Withhold Consent / Opt-Out Notifications

Parents/guardians will be notified annually and given the opportunity to withhold consent or opt out of the following, as applicable:

• Release of directory information under FERPA.
• Participation in surveys, physical examinations, or screenings not required by law.
• Participation in certain school programs, activities, or clubs.
• Use of student photographs or video for public relations purposes.
• Participation in community or external agency services provided at school.
• Per Session Law 2025-84 HB 805, students of different biological sexes are prohibited from sharing sleeping quarters.  The only exceptions are if the students are immediate family members (for example, siblings) OR if the school has written permission from the parents/guardians of all students sharing the quarters.

ENCSD will provide clear instructions on how to exercise opt-out rights, and all opt-out forms will be available in accessible formats and languages.

VII. Parental Permission Required / Opt-In

ENCSD will obtain written parental permission (opt-in) prior to:

• Administration of non-emergency medical examinations or screenings.
• Participation in school-sponsored research projects or surveys that collect protected information.
• Involvement in certain extracurricular activities or field trips.
• Release of personally identifiable information to third parties, except as permitted by law.

VIII. Procedures for Parental Involvement in Student Health

Parents/guardians will be:

• Informed of all health services offered at school, including screenings, immunizations, and counseling.
• Notified in advance and given the opportunity to consent or decline participation in non-emergency health services.
• Invited to participate in the development and review of their child’s Individualized Health Plan (IHP), if applicable.
• Provided with information on how to communicate health concerns or provide medical updates to school staff.

IX. Community Services Available

ENCSD will provide information to families about available community services and support, including:

• Counseling and mental health resources.
• Family support and advocacy organizations.
• Health and wellness programs.
• After-school and enrichment programs.
• Services for students with disabilities or special needs.

Information about community services will be included in the Student/Family Handbook, on the school website, and shared during parent meetings and events.

X. Parental Involvement – School Improvement Plan

ENCSD shall:

1. Involve parents in the development, implementation, and review of the School Improvement Plan, in accordance with NC General Statute § 115C-105.41 and NCDPI policy.
2. Offer flexible meeting times and formats (in person, virtual, or through written communications) to encourage participation, with advance notice in accessible formats.
3. Provide guidance and materials to help parents understand:
   • Academic standards and expectations.
   • State and local assessments.
   • Their child’s progress and how to support learning at home.

XI. School-Parent Compact

ENCSD will develop, in collaboration with parents, a School-Parent Compact that outlines:

• The school’s responsibilities to provide a supportive learning environment.
• The parent’s role in supporting their child’s education.
• The means of effective communication and collaboration.

This compact will be jointly developed with parents of students, reviewed annually with parent input, revised as necessary, and distributed at the beginning of the school year in accessible formats and languages, as required by ESSA § 1116(d).

XII. Parent Requests for Information

Parents may request, in writing or by accessible means (e.g., email, videophone), information regarding the following:

1. The professional qualifications of their child’s teachers and staff who provide instruction.
2. The level of achievement and academic growth of their child on state assessments.
3. Curriculum materials and instructional methods used in their child’s education.
4. Their child’s educational records, in accordance with FERPA.
5. Any school policies or procedures related to IDEA, Section 504, ADA, and Title IX compliance.

ENCSD will notify parents annually of their right to request information, as required by ESSA § 1112(e)(1)(A) and NCDPI policy, and will respond to requests in a timely and accessible manner (generally within 10 business days).

XIII. Title IX Compliance

ENCSD shall ensure that all parental engagement practices are compliant with Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. All parents and families will be informed of:

• Their rights under Title IX.
• How to report concerns related to sex-based discrimination.
• The name and contact information of ENCSD’s Title IX Coordinator, available at www.encsd.net.

ENCSD will provide annual training for staff on Title IX requirements and procedures, and Title IX notices will be included in all major school communications and handbooks.

XIV. Roles and Responsibilities

A. Superintendent

• Ensure implementation, evaluation, and reporting of this policy.
• Oversee the development of the Parental Involvement Plan.
• Ensure compliance with ESSA, IDEA, Title IX, FERPA, Section 504, ADA, and NCDPI policy.

B. Principal

• Maintain a welcoming school culture for families.
• Ensure staff compliance with this policy and coordinate family engagement efforts.
• Ensure compliance with all relevant federal and state laws and NCDPI policies.

C. Teachers and Staff

• Engage in regular, respectful communication with parents.
• Provide parents with academic resources and updates.
• Participate in training regarding compliance with parental involvement requirements.

D. Parents/Guardians

• Engage in their child’s learning.
• Participate in school activities and decision-making processes.
• Communicate with school personnel as partners in student success.

E. Family Engagement Coordinator

• Serve as a point of contact for parent engagement efforts.
• Support the implementation and evaluation of this policy.
• Facilitate communication between families and school staff.

XV. Evaluation and Review

ENCSD will conduct an annual evaluation of the effectiveness of its parental involvement policy and practices. This will include:

• Reviewing feedback from a representative sample of families and staff, including those from diverse backgrounds and with disabilities.
• Assessing participation rates and barriers to engagement.
• Updating the policy and involvement plan based on evaluation outcomes.
• Sharing the revised policy and plan with families in accessible formats and languages.

XVI. Grievance Procedure

Parents who believe their rights under this policy have been violated may file a grievance in accordance with ENCSD’s grievance procedures, which align with NCDPI and federal complaint procedures. Information about the grievance process will be provided in accessible formats and languages.

XVII. Non-Retaliation

ENCSD prohibits retaliation against any parent or guardian who participates in or advocates under this policy.

XVIII. Policy Review and Updates

This policy will be reviewed and updated regularly to reflect changes in federal, state, and NCDPI requirements. All updates will be communicated to families in accessible formats and languages.

Legal References

• Every Student Succeeds Act (ESSA), 20 U.S.C. § 6318
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
• NC General Statutes §§ 115C-47, 115C-105.41
• NC G.S. §115C-76.110 (enacted by S.L. 2025-84)

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, respectful, and inclusive educational and work environment for all students, staff, and members of the school community. Discrimination, harassment, and bullying based on any protected status are strictly prohibited.  This policy applies to all school programs, activities, and employment practices, both on and off campus, and affirms equal opportunity and access for all students and staff. ENCSD will not tolerate any unlawful or inappropriate conduct that interferes with a student’s ability to learn or a staff member’s ability to work.

This policy is established to comply with all applicable federal and state laws, including but not limited to:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.; 34 C.F.R. Part 100) – Prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance.

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.’ 34 C.F.R. Part 106) – Prohibits discrimination based on sex in education programs and activities receiving federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 (26 U.S.C. § 794; 34 C.F.R. Part 104) – Prohibits discrimination based on disability.

Americans with Disabilities Act (ADA; 42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 35) – Prohibits discrimination based on disability.

Individuals with Disabilities Education Act (IDEA; 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300) – Ensures special education and related services for eligible children with disabilities.

Family Educational Rights and Privacy Act (FERPA; 20 U.S.C. § 1232g; 34 C.F.R. Part 99) – Protects the privacy of student education records.

NC General Statues §§ 115C-407.15 – 407.18 (School Violence Protection Act) – Prohibits bullying and harassing behavior in public schools.

NC General Statutes § 126.14.6 – Ensures dignity and nondiscrimination in state workplaces

NC Constitution, Article I, Section 1: Guarantees equality and rights of all persons.

II. Definitions

• Discrimination:
  Any act or failure to act that unreasonably and unlawfully differentiates treatment of a person based on race, color, national origin (as prohibited by Title VI), sex (as prohibited by Title IX), gender identity or expression, sexual orientation, pregnancy, religion, age, disability (as prohibited by Section 504 and ADA), or other protected class under law.
• Harassment:
  Unwelcome conduct—verbal, nonverbal, or physical—based on a protected class that creates a hostile or intimidating environment and interferes with a person’s ability to learn or work, as addressed under Title VI, Title IX, Section 504, and ADA.
• Bullying:
  Repeated conduct intended to intimidate, ridicule, humiliate, or cause harm. This includes cyberbullying and may be verbal, physical, emotional, or psychological. Prohibited under NC General Statutes §§ 115C-407.15–407.18.
• Sexual Harassment:
  Unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that affects access to education or employment, as defined under Title IX (34 C.F.R. § 106.30).
• Hostile Environment:
  A situation where harassment is severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive environment, as defined in federal regulations (e.g., 34 C.F.R. § 106.30 for Title IX).

III. Prohibited Conduct

The following conduct is strictly prohibited:

1. Discrimination against students or employees based on race, color, religion.
2. Discrimination against students or employees based on race, color, or national origin, as prohibited by Title VI of the Civil Rights Act of 1964.
3. Discrimination against students or employees based on sex (including sexual orientation, gender identity, and gender expression), as prohibited by Title IX of the Education Amendments of 1972.
4. Discrimination based on disability, as prohibited by Section 504 of the Rehabilitation Act of 1973 and the ADA.
5. Harassment that creates a hostile educational or work environment, as defined by federal and state law.
6. Bullying and Cyberbullying of any student or staff member by any individual, including but not limited to students, employees, volunteers, or third parties, as prohibited by NC General Statutes §§ 115C-407.15–407.18.
7. Retaliation against any individual who reports, files a complaint, or participates in an investigation of discrimination, harassment, or bullying, as prohibited by all referenced federal and state laws.

IV. Reporting Procedures

A. For Students

• Students are encouraged to report concerns to any staff member or directly to the school Social Worker, Principal.
• Reports may be made orally or in writing, including anonymously, as permitted under Title IX and Title VI regulations.
• School personnel who receive a report are required to notify the school Social Worker or designee immediately.

B. For Employees

• Employees must report incidents of discrimination, harassment, or bullying to their immediate supervisor, the Human Resources Manager, or the Superintendent.
• Reports involving students must also be shared with the School Social Worker.
• Contact Information for Coordinator:

  • Title IX Coordinator: 

    Cheryl Iannucci – ENCSD Superintendent

    Telephone number: 252-206-7342 

    Email: cheryl.iannucci@encsd.k12.nc.us

    Address: Eastern North Carolina School for the Deaf

                    1311 US-301S

    Wilson, NC 27893

• Contact information must be posted on the ENCSD website and in handbooks, as required by 34 C.F.R. § 106.8 (Title IX) and 34 C.F.R. § 104.7 (Section 504).
• ENCSD will accept and investigate reports made in any language or communication mode accessible to the reporter, including American Sign Language.

V. Investigation

ENCSD will investigate all allegations of discrimination, harassment, or bullying promptly, impartially, and thoroughly in accordance with federal and state law.

1. Interim Measures: May be taken to protect the complainant during the investigation, as required under Title IX (34 C.F.R. § 106.44).
2. Confidentiality: Will be maintained to the extent possible under law, including FERPA and Title IX.
3. Documentation: Findings will be documented, and corrective action will be taken where appropriate.  ENCSD will provide written notice of the outcome of the investigation to all parties, consistent with FERPA and other privacy laws.
4. Title IX Compliance: For Title IX complaints, procedures will comply with the Title IX grievance process requirements (34 C.F.R. § 106.45), regardless of law enforcement involvement.

VI. Disciplinary Action

Disciplinary actions will be implemented in accordance with due process rights and applicable ENCSD grievance procedures.  If a violation of this policy is found, ENCSD will take appropriate corrective action, which may include:

• Counseling or training
• Reassignment or suspension
• Termination or expulsion
• Referral to law enforcement when required by law

VII. Protection Against Retaliation

Retaliation against anyone who, in good faith, reports or participates in an investigation of prohibited conduct is strictly prohibited. Any act of retaliation will result in disciplinary action, as required by Title VI (34 C.F.R. § 100.7(e)), Title IX (34 C.F.R. § 106.71), Section 504, and state law.

VIII. Notification and Training

ENCSD will:

1. Annually distribute this policy to students, parents, and staff, and post it on the school website, as required by Title IX (34 C.F.R. § 106.8).
2. Provide annual training to staff on this policy, including specific examples of prohibited behaviors and how to recognize, prevent, and respond to discrimination, harassment, and bullying, as required by Title IX and Section 504.  All training will be accessible to all staff, including those with disabilities.
3. Offer age-appropriate education to students on bullying prevention and respectful behavior.  All training will be accessible to all students, including those with disabilities.
4. Ensure all students, parents, and staff are informed of how to file complaints and access grievance procedures.

IX. Title IX and Title VI Compliance

Title VI Compliance:
ENCSD complies fully with Title VI of the Civil Rights Act of 1964, which states:

“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (42 U.S.C. § 2000d; 34 C.F.R. § 100.3)

Title IX Compliance:
ENCSD complies fully with Title IX of the Education Amendments of 1972, which states:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” (20 U.S.C. § 1681(a); 34 C.F.R. § 106.31)

The Office for Civil Rights (OCR) of the U.S. Department of Education enforces both Title VI and Title IX. All allegations of discrimination covered by these laws will be investigated promptly and addressed according to the procedures in this policy.

X. Grievance Procedures

Grievance procedures are available for any individual who wishes to contest the outcome of an investigation or raise concerns about the application of this policy. These procedures are outlined in the ENCSD Student/Family Handbook and Staff Handbook and are available at www.encsd.net, as required by Title IX (34 C.F.R. § 106.8) and Section 504 (34 C.F.R. § 104.7).

XI. Legal References

• Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; 34 C.F.R. Part 100
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; 34 C.F.R. Part 104
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 35
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99
• NC General Statutes §§ 115C-407.15–407.18 (School Violence Prevention Act)
• NC General Statutes § 126-14.6
• NC Constitution, Article I, Section 1
• NC DPI Policy Manual and Reporting Procedures

At this time, all ENCSD students with disabilities are served under the Individuals with Disabilities Education Act (IDEA) and have Individualized Education Programs (IEPs). However, this policy references Section 504 of the Rehabilitation Act of 1973 to ensure compliance with all federal nondiscrimination requirements, as students with IEPs are also protected under Section 504. This policy will continue to apply to any future students who may be eligible under Section 504 only.

Purpose

ENCSD wants to create a fair and respectful workplace.  We believe all employees should feel heard and be treated fairly.  ENCSD prohibits discrimination based on disability and provides accessible grievance procedures per the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

Definitions

• Disability: Physical or mental impairment substantially limiting major life activities
• Reasonable Accommodation: Workplace modifications enabling disabled employees to perform essential job functions.
• Grievance: Formal complaint about employment conditions, discrimination, or policy violations
• Non-Retaliation: Protection against adverse actions for filing good-faith complaints
• Confidentiality: Limited information sharing during investigations

I.  This Policy Covers

This policy applies to all ENCSD employees:

• Permanent (full-time or part-time)
• Probationary/temporary
• Contracted (if covered by ENCSD terms)

This policy does not cover students or parents/guardians. They have different ways to share concerns.

II. What You Can Report

You may file a grievance about:

• Disability discrimination
• Denial of reasonable accommodations
• Harassment/bullying (ENCSD Policy 1710/4021/7230)
• Unsafe working conditions
• Violations of ADA/Section 504

III. Grievance Process

Step 1 - Informal Resolution

• Discuss concern with your supervisor within 15 working days of the incident.
• Your supervisor must document discussion and attempt resolution

Step 2 - Formal Written Grievance

• Submit to HR within 10 working days if unresolved
• Include the following in your written grievance:
  • Nature of discrimination
  • Requested accommodation (if applicable)
  • Relevant Evidence

Step 3 – HR Investigation

• HR schedules a meeting within 5 working days
  • ADA Accommodation Available: Request interpreter
• Confidential investigation completed within 30 days
• Written decision provided within 10 days post-investigation

Step 4 – Appeal

• File written appeal to Superintendent within 10 days of decision
• Final ruling within 15 working days

IV. Critical Protections

Non-Retaliation Clause – No employee shall face retaliation for good-faith grievance participation.  Violators will be subject to disciplinary action under ENCSD policy 1760/7280.

Confidentiality – All proceedings will be kept confidential except as required by law or operational necessity.

Accessibility – Communication accommodations will be provided to you throughout the process upon request.

V. Supervisor Responsibilities

1. Document all disability accommodation requests
2. Ensure immediate HR referral for discrimination complaints
3. Enforce non-retaliation compliance

VI. Recordkeeping

• Grievance records are retained per:
  • NC Department of Natural and Cultural Resources
  • OSHR Policy 1
  • ADA documentation requirements

Legal References

• Americans with Disabilities Act (42 U.S.C. § 12101)
• Section 504, Rehabilitation Act (29 U.S.C. § 794)
• NC General Statutes § 168A (Persons with Disabilities Protection Act)
• OSHR Policy 1 (Equal Employment Opportunity)

Title IX Grievance Form

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is a federal law that prohibits discrimination based on the gender of students and employees of educational institutions which receive federal financial assistance.  UCA Board Policy No. 426, Title IX Sexual Harassment, prohibits sexual discrimination in the form of sexual harassment, sexual assault, stalking, domestic violence, dating violence, and unauthorized distribution of sexual images or recordings. 

This form complies with US Department of Education requirements, but it is not the only way in which an individual may submit a formal complaint.  The formal complaint must be in writing, and signed by the Complainant, but can be in any form.  If there is a procedural deficiency with any formal complaint form, the Title IX Coordinator will notify the Complainant of the deficiency and allow the correction of the formal complaint prior to filing.  

When this form has been completed and signed by you, and then signed by the Title IX Coordinator, your complaint has been properly received and noted by ENCSD. The Title IX Coordinator will provide you with a copy of this form as well as complete information about the Title IX complaint process.

Overview of the Title IX Grievance Process

1. Filing a Formal Complaint
   • Any student, employee, or applicant who believes they have experienced sexual harassment or sex-based discrimination may file a formal complaint.
   • The complaint must be submitted in writing (using the attached form or in another written format) to the Title IX Coordinator, either in person, by mail, or by email.
   • A parent/guardian may file on behalf of a minor student.
   • The Title IX Coordinator may also sign a formal complaint if necessary to protect the school community.
2. Notice of Allegations
   • Upon receipt of a formal complaint, both the complainant and respondent will receive written notice of:
     • The allegations (including the identities of the parties, the conduct alleged, and the date/location of the incident)
     • The grievance process and their rights (including the right to an advisor)
     • The presumption of non-responsibility until the process concludes
     • The opportunity to review and respond to evidence.
3. Investigation
   • An impartial investigator will conduct a thorough investigation, including interviews and evidence collection.
   • Both parties may present evidence and identify witnesses.
   • Both parties will have equal opportunity to inspect and review all evidence directly related to the complaint before the investigation concludes.
4. Review of Investigation Report
   • Both parties receive a draft investigation report and have at least 10 business days to review and respond in writing.
5. Live Hearing (if required)
   • ENCSD will conduct a live hearing for student or employee cases, where each party’s advisor may cross-examine the other party and witnesses.  A parent/legal guardian may attend with the student.  Interpreters will be made available for all parties involved in the investigation as required by the ADA.
   • The decision-maker will not rely on statements from any party or witness who does not submit to cross-examination.
6. Determination of Responsibility
   • After the hearing, the decision-maker issues a written determination regarding responsibility, including findings of fact, conclusions, rationale, and any disciplinary sanctions or remedies.
   • Both parties receive the written determination.
7. Appeal
   • Either party may appeal the determination or dismissal of a complaint on specific grounds (procedural irregularity, new evidence, or conflict of interest).
   • Appeals must be submitted in writing within five business days of receiving the determination.
8. Final Resolution
   • The appeal decision is final. Both parties are notified in writing of the outcome.
9. Recordkeeping
   • ENCSD will maintain records of each complaint, investigation, hearing, determination, appeal, and any supportive measures for at least seven years, as required by law.

Title IX Grievance Form

Instructions:
Complete and submit this form to the ENCSD Title IX Coordinator in person, by mail, or by email. 

Cheryl Iannucci – ENCSD Superintendent

Telephone number: 252-206-7342

Email: cheryl.iannucci@encsd.k12.nc.us

Address: Eastern North Carolina School for the Deaf

1311 US-301S

Wilson, NC 27893

A parent/guardian may file on behalf of a minor.
(Alternatively, a written statement containing the same information may be submitted.)

My current status at Eastern North Carolina School for the Deaf:

☐ Student      ☐ Staff Member       ☐ Other

Type of Title IX Sexual Harassment:

☐ Sexual Harassment         ☐ Sexual Assault     ☐ Domestic Violence

☐ Stalking     ☐ Unauthorized Distribution of Sexual Images or Recordings

☐ Other: 

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing an educational and working environment free from discrimination, harassment, and retaliation based on sex, in compliance with all applicable federal and state laws.  ENCSD affirms that all students, employees, applicants, volunteers, and parents/guardians have the right to participate in school programs and activities free from sex discrimination, including sexual harassment, sexual violence, and gender-based misconduct.  This policy sets forth ENCSD’s procedures for preventing, reporting, investigating, and addressing prohibited conduct under Title IX.

Scope

This policy applies to:

• All students enrolled at ENCSD
• All ENCSD employees, including state employees and contracted service providers
• Applicants for employment
• Parents/Guardians and visitors
• Volunteers
• Participants in any ENCSD program or activity, including off-campus and school-sponsored events.

This policy applies to conduct occurring:

• On ENCSD property
• At ENCSD-sponsored events or activities
• During remote learning
• Off-campus when the conduct has continuing effects within the school environment, consistent with Title IX jurisdictional rules

Statement of Non-Discrimination

ENCSD does not discriminate on the basis of sex, including pregnancy, sexual orientation, gender identity, gender expression, parental status, or marital status, in any educational program, activity, or employment practice.

ENCSD will provide reasonable accommodations as required under the ADA, Section 504, and state accessibility requirements to ensure full participation of individuals with disabilities in the Title IX process, including interpreters, visual supports, translated materials, and other communication access resources.

Definitions

• Sex Discrimination: Unequal treatment or denial of benefits based on a person’s sex, gender, gender identity, sexual orientation, pregnancy, or related conditions.
• Sexual Harassment (Title IX): Conduct on the basis of sex that meets one or more of the following:
  1. A school employee conditioning a school aid, benefit, or service on participation in unwelcome sexual conduct (quid pro quo).
  2. Unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a school program or activity.
  3. Sexual assault, dating violence, domestic violence, or stalking as defined by federal law.
• Sexual Assault: Any non-consensual sexual act as defined under the Clery Act and federal criminal code.
• Consent: A clear voluntary agreement to participate in specific sexual activity.
  1. Silence or lack of resistance does not equal consent.
  2. Consent can be withdrawn at any time.
• Complainant: A person who is alleged to be the victim of conduct that may constitute sex discrimination or sexual harassment.
• Respondent: A person who is reported to have engaged in prohibited conduct.
• Title IX Coordinator: The official responsible for overseeing compliance with Title IX, including investigations, supportive measures, and training.
• Supportive Measures: Non-disciplinary, non-punitive services offered to the complainant or respondent to restore equal access to school programs (examples: schedule adjustments, counseling, interpreter support, safety planning).
• Retaliation: Any intimidation, threat, or adverse action taken against a person because they reported discrimination, participated in a Title IX process, or refused to participate.

I.  Title IX Coordinator

ENCSD shall designate a Title IX Coordinator who is trained in Title IX requirements, investigation processes, trauma-informed practices, disability rights, and accessibility for deaf and hard of hearing individuals.

The coordinator’s contact information will be:

• Posted on the ENCSD website
• Included in handbooks
• Delivered in accessible formats

II. Reporting and Complaints

1. How to Report

Any person may report Title IX violations including:

• In person
• By email
• By phone
• By video message
• By text message
• Directly to the Title IX Coordinator, any administrator, or any trusted staff member

Reports may be made at any time, including outside school hours.

2. Mandatory Reporting for Staff

All ENCSD employees are mandatory reporters and must report any known or suspected sexual harassment or sex discrimination immediately to the Title IX Coordinator.

3. Confidential Resources

ENCSD will provide access to counseling and support in a confidential manner consistent with state and federal law.

III. Response to Reports

Upon receiving a report, ENCSD will:

1. Respond promptly and in a manner that is not deliberately indifferent.
2. Offer supportive measures to all parties.
3. Explain the formal complaint process in an accessible format and language.
4. Ensure accommodations under the ADA and Section 504, including interpreters, visual materials, and sensory-appropriate meeting formats.

IV. Formal Complaint and Investigation Process

1. Filing a Formal Complaint

A complainant may file a written or signed digital complaint.  If the complaint is a student, employee, parent/guardian, or third party, the Title IX Coordinator may also sign a formal complaint when necessary for community safety.

2. Investigation Requirements
   • Investigations will be prompt, thorough, and impartial.
   • Both parties will receive equal access to evidence.
   • Meetings and interviews will be conducted with needed ASL/communication access services.
   • The investigator will be trained in Title IX, disability rights, and deaf education contexts.
3. Determination

A decision-maker (not the investigator) will issue a written determination, delivered in accessible formats.

4. Appeals

Both parties have the right to appeal on established Title IX grounds.

V. Retaliation Prohibited

ENCSD strictly prohibits retaliation against anyone who makes a report, participates in a Title IX process, or supports a participant.

Any retaliatory behavior will result in disciplinary action consistent with NC OSHR and ENSD policies.

VI. Training and Notification

ENCSD will provide annual training to:

• All staff
• Administrators
• Investigators
• Interpreters involved in Title IX matters
• Students (age-appropriate)

Training will include:

• Title IX responsibilities
• Reporting procedures
• ADA/Section 504 accommodations
• Trauma-informed communication
• Accessibility for deaf and hard of hearing individuals
• Confidentiality and FERPA requirements

Training materials will be posted publicly as required by law.

VII. Records and Documentation

ENCSD will maintain all Title IX records as required by the NC Functional Schedule, including:

• Reports
• Supportive measures
• Investigations
• Determinations
• Appeals
• Training materials
• ADA accommodations provided

Records will be stored consistent with NC Functional Schedules and FERPA protections.

VIII. Policy Review

This policy will be reviewed at least annually or more frequently if federal or state regulations change, including updates released by NCDPI, NC OSHR, and the US Department of Education.

Legal References

• Title IX (20 U.S.C. § 1681)
• Title VI of the Civil Rights Act
• ADA (Titles I & II)
• Section 504
• IDEA
• FERPA
• Violence Against Women Act (VAWA)
• NC General Statutes Chapter 115C
• NCDPI Title IX and Civil Rights Guidance
• NC OSHR Employment Policies

NC DOA Statewide Discrimination/Harassment Policies

I. Purpose

ENCSD is committed to maintaining a safe, respectful, and inclusive environment free from sex-based discrimination—including sexual harassment and violence—in all school programs and activities. This policy outlines prohibited behaviors and the procedures for reporting and responding to Title IX complaints in compliance with:

• Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)
• 34 C.F.R. Part 106
• NCDPI Title IX regulatory guidance

ENCSD will respond promptly to all known or suspected instances of sexual harassment or discrimination.

II. Definitions

• Complainant: An individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment.
• Respondent: The individual reported to be the perpetrator of such conduct.
• Title IX Sexual Harassment includes:
  1. Quid pro quo harassment: conditioning educational benefits on sexual acts.
  2. Hostile environment: unwelcome conduct, based on sex, so severe, pervasive, and objectively offensive that it limits participation in school programs or employment. 
  3. VAWA Offenses: sexual assault, dating/domestic violence, and stalking.
• Supportive Measures: Non-disciplinary, non-punitive assistance offered to Complainants or Respondents, such as counseling, schedule changes, or no-contact orders.
• Formal Complaint: A document filed by a Complainant or Title IX Coordinator initiating a grievance process.
• Actual Knowledge: When any employee or school official learns of possible Title IX harassment.

III. Scope

This policy applies to:

• All ENCSD programs and activities, on or off campus, including boarding.
• All students, staff, volunteers, and third parties.
• All employees—both licensed and classified—are mandatory reporters.

IV. Prohibited Conduct

ENCSD prohibits:

1. Quid pro quo harassment by school employees.
2. Creation of a hostile environment through persistent, unwelcome, sex-based conduct.
3. VAWA offenses: sexual assault, dating violence, domestic violence, stalking.
4. Retaliation against anyone exercising rights or participating in investigations.

V. Reporting Requirements

• Who must report: All employees and school officials with actual knowledge.
• How to report:
  • Contact the Title IX Coordinator verbally or in writing.
  • Use school email, phone, or designated reporting form.
• Initial actions:
  • Title IX Coordinator offers Supportive Measures within 3 school days of notice.
  • If a Formal Complaint is filed, initiate a Title IX formal grievance process.
• No confidentiality guarantee— Equity and safety require disclosure to appropriate staff.

VI. Grievance Process Overview

Following a Formal Complaint, ENCSD will:

1. Determine if the complaint falls under Title IX criteria.
2. Provide Written Notice to both parties.
3. Offer opportunity for informal resolution, if appropriate and chosen by both parties.
4. Conduct a prompt, impartial investigation by trained personnel.
5. Issue a written determination, based on a preponderance of evidence.
6. Inform parties of appeals rights and process limitations.

This process follows NCDPI’s Title IX procedural guidance.

VII. Supportive Measures

Available to both Complainants and Respondents, such as:

• Class or housing reassignment
• No-contact directives
• Counseling referrals
• Academic or workplace adjustments

These are offered regardless of whether the Formal Complaint proceeds.

VIII. Retaliation

ENCSD strictly prohibits retaliation against anyone who reports or participates in a Title IX process. Reporting retaliation should be directed to the Title IX Coordinator or HR.

IX. Training & Notice

• Staff receive annual training on definitions, policy, and reporting obligations.
• Title IX Coordinators and investigators are trained annually on investigative procedures. 
• Policy, Coordinators’ contact info, and process details are posted on ENCSD’s website and staff/student handbooks.

X. Recordkeeping

• Maintain all documentation—reports, communications, investigation records, remedies—for at least 7 years as required by federal regulation. 

XI. Confidentiality

ENCSD will protect privacy to the best extent possible, sharing information only with those needing to know to manage the complaint and provide remedies.

Legal References

• Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681)
• 34 C.F.R. Part 106
• Violence Against Women Act (VAWA)
• Title VII Civil Rights Act
• NACPS Stds. for Non-Discrimination core-docs.s3.us-east-1.amazonaws.comocrcas.ed.gov+1ed.gov+1ncpschools.net
• NCDPI Title IX Guidance
• DASH: Davis v. Monroe County (student-on-student liability) ednc.org+2dpi.nc.gov+2southernequality.org+2
• ENCSD Policies: 1710/4020/7230, 7300, 7310, 7340, 7510

XIV. Annual Acknowledgement

All staff must review this policy annually and sign an acknowledgment. Records of compliance are kept in HR records.

Purpose:

The Eastern North Carolina School for the Deaf (ENCSD) is committed to maintaining a safe, respectful, and professional environment for all students. Employees are expected to establish and maintain appropriate, ethical relationships with students at all times, both on and off campus and during or outside of work hours. This policy sets clear expectations to prevent any form of inappropriate behavior or boundary violations between staff and students and ensures compliance with all federal and state laws.

Definitions:

• Employee/Staff: Any person employed by ENCSD in any capacity, including full-time, part-time, temporary, substitute, contractors, or volunteers who have direct contact with students.
• Student: Any individual enrolled in ENCSD programs or activities, regardless of age.
• Inappropriate Relationship: Any interaction between staff and students that violates professional boundaries or ethical standards, including romantic, sexual, or exploitative behavior.
• Grooming Behavior: Actions by an employee intended to establish an inappropriate emotional or physical connection with a student, including excessive attention, favoritism, or gift-giving that could be used to manipulate or exploit the student.
• Professional Boundaries: The ethical and appropriate limits that govern interactions between staff and students to ensure a safe and respectful educational environment.
• Mandated Reporter: An employee required by law to report suspected child abuse, neglect, or misconduct to appropriate authorities in accordance with N.C. General Statute § 7B-301 and related statutes.

School-Approved Communication Channels: Official platforms and tools designated by ENCSD for communication with students, such as school email, educational software, or supervised social media groups.

I. Prohibited Conduct

Employees are strictly prohibited from engaging in the following:
 

1. Romantic or Sexual Relationships:
   • Any romantic or sexual interaction, solicitation, or relationship between a school employee and a student is strictly prohibited, regardless of the student’s age or the legality of the conduct under criminal or civil law. Such conduct constitutes misconduct and grounds for dismissal.
2. Inappropriate Communication:
   • Sending, receiving, or soliciting sexually explicit, suggestive, or otherwise inappropriate written, visual, or electronic communications, including texts, emails, videos, or social media messages.<
3. Favoritism or Grooming Behavior:
   • Excessive attention, gift-giving, special treatment, or physical contact that could be interpreted as grooming behavior.
4. Private Meetings or Contact Without Educational Justification:
   • Meeting a student in private settings, transporting a student without prior administrative and parental approval, or initiating contact outside school hours for non-school-related matters.
5. Use of Personal Technology for Non-Educational Communication:
   • Using personal phones, social media, or messaging platforms to communicate with students for reasons not directly related to schoolwork or official ENCSD activities, unless expressly authorized by administration.

II. Expectations for Professional Boundaries

All staff are expected to:

1. Maintain Professionalism:
   • Interact with students in ways that are respectful, appropriate, and clearly related to the student’s educational development.
2. Use School-Approved Channels of Communication:
   • When communicating with students, use school-issued email accounts or approved educational platforms and maintain transparency by copying supervisors and/or parents/guardians as appropriate.
3. Report Suspected Violations:
   • In accordance with N.C. Gen. Stat. § 7B-301, 115C-325 to 115C-337, OSHR regulations, and DPI policy, staff are mandated reporters and must immediately report any suspected abuse, neglect, or misconduct involving students, including inappropriate staff-student interactions, to the ENCSD Social Worker.
   • The ENCSD Social Worker must notify the ENCSD Superintendent.
   • Cooperate fully and truthfully in any internal or external investigation related to suspected staff-student misconduct.
4. Training and Compliance:
   • ENCSD will provide annual training on professional boundaries, mandated reporting, and electronic communications with students.
   • Training will be provided in accessible formats, including sign language interpreters or captions as needed.
   • ll employees are required to participate in and complete such training as a condition of continued employment or service.

III. Investigations and Discipline

1. Reporting Process:
   Reports of suspected violations shall be made to the School Social Worker who will follow the procedures set forth in Student Protection and Mandated Reporter policy (Policy 4240/7312).
2. Investigation:
   ENCSD will promptly investigate all reports fairly and confidentially, following OSHR disciplinary processes and the requirements of Title IX, if applicable. Interpreters will be provided for all participants who are Deaf or Hard of Hearing during investigative interviews.
3. Disciplinary Action:
   Violation of this policy may lead to corrective action ranging from reprimand to termination of employment consistent with OSHR disciplinary procedures and applicable state and federal law.
4. Notification of Authorities:
   Serious violations involving potential criminal conduct will be referred immediately to law enforcement and child protective services as required by law.

IV. Additional Provisions

1. Protection from Retaliation:
   ENCSD prohibits retaliation against anyone who reports misconduct in good faith or participates in investigations. Any act of retaliation will result in disciplinary action.
2. Annual Acknowledgment:
   All employees must sign an annual acknowledgment confirming their understanding and compliance with this policy, OSHR Code of Ethics, and DPI rules on staff conduct.<
3. Accommodations for Deaf and Hard of Hearing Stakeholders:
   ENCSD will provide reasonable accommodations, including sign language interpreters and accessible communication, for all students, employees, and families involved in the reporting, investigation, or training process.

V. Accessibility Statement

ENCSD is committed to ensuring that all students, staff, and families—regardless of hearing status—have equal access to information, reporting mechanisms, investigations, and training. Accommodations, including sign language interpreters and accessible communication, will be provided as needed throughout all processes described in this policy.

Legal and Regulatory References

• N.C. Gen. Stat. §§ 7B-301 (Duty to Report Child Abuse, Neglect, Dependency, or Death)
• N.C. Gen. Stat. §§ 14-27.32 (Sexual Activity with a Student)
• N.C. Gen. Stat. §§ 115C-325 to 115C-337 (School Personnel)
• N.C. Gen. Stat. §§ 126-16 et seq. (OSHR Personnel Act)
• NC OSHR Policy 5A.0100 (Code of Ethics and Standards of Conduct)
• NC OSHR Policy 5B.0300 (Prohibited Personnel Practices)
• NC DPI Policy 4040/7310 and 4240/7312 (Employee Conduct and Child Abuse Reporting)
• Title IX of the Education Amendments of 1972 (20 U.S.C. §1681 et seq.)

Purpose

ENCSD is committed to providing a safe, orderly, and supportive learning and living environment for all students, staff, and visitors.  The purpose of this policy is to establish expectations for school safety, emergency preparedness, and injury and violence prevention across all ENCSD programs, including instructional, residential, and extracurricular settings.

ENCSD shall take reasonable and appropriate measures to prevent and respond to safety risks, emergencies, injuries, and threats to individuals or property.  Safety planning and implementation shall account for the unique communication and access needs of Deaf and hard of hearing students and staff and shall include the Residential Program as an integral part of the school community.

I. Scope

This policy applies to:

• All ENCSD students, including those participating in the Residential Program
• All employees, including instructional, residential, administrative, and support staff
• Volunteers, contractors, and visitors while on ENCSD property or participating in ENCSD-sponsored activities
• All ENCSD facilities, vehicles, programs, and activities, whether conducted on or off campus

II. Definitions

For the purposes of this policy, the following definitions apply:

• Emergency Response Plan: A written plan outlining procedures for prevention, preparedness, response, and recovery from emergencies, including drills and coordination with emergency responders.
• Threat Assessment Team: A multidisciplinary team established to identify, assess, and manage potential threats to school safety in accordance with applicable laws and State Board of Education guidance.

III. Responsibilities

Board of Trustees

The Board of Trustees shall:

• Adopt policies that promote safe and orderly school environments
• Ensure compliance with applicable safety-related laws and regulations
• Support administrative efforts to maintain effective school safety programs

Superintendent

The Superintendent or designee shall:

• Develop and implement procedures consistent with this policy
• Ensure school safety and emergency response plans are established, reviewed, and updated
• Coordinate with local emergency responders and state agencies as required
• Ensure training is provided to all staff

Principal

The school principal shall:

• Enforce safety rules and procedures
• Support the operation of threat assessment teams
• Ensure emergency drills are conducted as required
• Communicate safety expectations in accessible formats

Employees

All ENCSD employees shall:

• Follow established safety and emergency procedures
• Report safety concerns, threats, or incidents promptly
• Provide appropriate supervision to students, including during residential hours

Students

Students shall:

• Follow safety rules and instructions
• Participate appropriately in safety drills
• Report safety concerns or threats to staff

IV. School Safety Planning and Prevention

ENCSD shall implement comprehensive school safety measures, including but not limited to:

• Development and maintenance of emergency response plans
• Use of threat assessment processes to address potential risks
• Coordination with law enforcement, emergency management, and public health officials
• Appropriate supervision and monitoring of school and residential facilities
• Ongoing evaluation of safety practices and procedures

V. Residential Program Safety

The Residential Program shall be fully integrated into ENCSD’s school safety planning.  Safety measures shall include:

• Emergency response procedures specific to residential facilities
• Training for residential staff on supervision, emergency response, and student safety
• Accessible safety communication during non-instructional hours
• Regular drills and reviews appropriate to the residential setting

VI. Accessibility and Communication

All safety-related plans, drills, training, and communications shall be accessible to Deaf and hard of hearing stakeholders.  ENCSD shall provide reasonable accommodations, including visual alarms, captioned or visual materials, and ASL interpretation when appropriate, to ensure effective communication before, during, and after emergencies.

Legal References

• 29 C.F.R. Part 1904, Recording and Reporting Occupational Injuries and Illnesses
• G.S. 14-208.18, Bomb Threats on School Property
• G.S. 95-129, North Carolina Occupational Safety and Health Act
• G.S. 115C-36; 115C-47; 115C-105.49; 115C-105.51; 115C-105.53; 115C-105.54; 115C-166; 115C-167; 115C-288; 115C-289.1; 115C-307; 115C-390.3; 115C-391.1; 115C-521; 115C-524; 115C-525
• 13 NCAC 7A .0301
• 16 NCAC 6E .0107
• North Carolina State Board of Education Policy SCFC-005, School Crisis and Emergency Response Planning

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

Purpose

ENCSD recognizes that maintaining a safe and healthy environment for students, employees, and visitors is essential to the mission of the school.  This policy establishes expectations and procedures for injury loss prevention, reporting, and response in order to reduce the frequency and severity of injuries, protect school property, and promote a culture of safety across all instructional, residential, and operational programs.

ENCSD is committed to providing a safe environment for all stakeholders, including students, staff, and visitors.  ENCSD shall implement proactive injury prevention strategies, maintain appropriate supervision, and ensure timely reporting and investigation of injuries and losses.  Safety practices shall be communicated in accessible formats to ensure full understanding by all.

I. Scope

This policy applies to:

• All ENCSD students, including those participating in the Residential Program
• All employees, including instructional, residential, administrative, and support staff
• Volunteers, contractors, and visitors while on ENCSD property or participating in ENCSD-sponsored activities
• All ENCSD facilities, vehicles, programs, and activities, whether conducted on or off campus

II. Definitions

For the purposes of this policy, the following definitions apply:

• Injury: Any physical harm, illness, or medical condition sustained by a student, employee, or visitor during ENCSD activities or while on ENCSD property that requires first aid, medical evaluation, treatment, or results in restricted activity, lost instructional time, or lost work time.
• Loss: Damage to, destruction of, or theft of ENCSD property, equipment, or facilities, including losses resulting from accidents, unsafe conditions, vandalism, or natural events.
• Injury Loss Prevention: Proactive measures, practices, and procedures designed to identify hazards, reduce risk, and prevent injuries to individuals and damage or loss of property.
• Hazard: Any condition, practice, or situation that has the potential to cause injury, illness, or property loss if not corrected.
• Incident/Accident Report: A written or electronic report completed in accordance with ENCSD procedures to document injuries, losses, near-misses, or unsafe conditions.

III. Responsibilities

Board of Trustees

The Board of Trustees shall:

• Adopt policies that promote injury loss prevention and school safety
• Ensure compliance with applicable laws and regulations
• Support administrative efforts to maintain safe instructional and residential environments

Superintendent

The Superintendent or designee shall:

• Establish and oversee procedures to implement this policy
• Ensure appropriate training for employees
• Monitor injury and loss data to identify trends and areas for improvement
• Coordinate with state agencies, insurers, and other entities as required

Principal

The school principal shall:

• Enforce safety rules and procedures
• Ensure hazards are promptly reported and addressed
• Maintain accessible communication regarding safety expectations
• Support injury reporting, investigation, and corrective actions

Employees

All ENCSD employees shall:

• Follow established safety rules and procedures
• Immediately report injuries, unsafe conditions, or losses
• Participate in required safety training
• Provide appropriate supervision to students, including in residential settings

Students

Students shall:

• Follow safety rules and instructions
• Report unsafe conditions or injuries to staff
• Act in a manner that supports a safe school and residential environment

IV. Injury Prevention and Safety Practices

ENCSD shall implement reasonable and appropriate measures to prevent injuries and losses, including but not limited to:

• Routine safety instructional, residential, and support facilities
• Maintenance of equipment and facilities in safe working conditions
• Clear safety signage using visual supports, plain language, and where appropriate, American Sign Language (ASL)-accessible resources
• Supervision plans appropriate to the age and needs of students, including residential supervision outside of instructional hours
• Emergency preparedness and response planning

V. Residential Program Considerations

Recognizing the unique nature of the Residential Program, ENCSD shall:

• Provide training specific to residential safety, supervision, and injury prevention
• Establish clear procedures for monitoring student well-being during non-instructional hours
• Ensure residential facilities meet applicable safety, health, and fire codes
• Communicate residential safety expectations to students and families in accessible formats

VI. Injury and Loss Reporting

All injuries and losses shall be reported promptly in accordance with ENCSD procedures.  Reporting shall include:

• Timely notification to appropriate administrators
• Completion of required incident or accident reports
• Communication with parents/guardians when a student is injured, using accessible methods as needed

Employees shall cooperate fully in any investigation related to injuries or losses.

VII. Investigation and Corrective Action

ENCSD shall investigate reported injuries and losses to:

• Determine contributing factors
• Identify corrective actions to prevent recurrence
• Implement reasonable safety improvements

Findings may be used for training and prevention purposes and shall not be used to assign fault beyond what is necessary for corrective action.

VIII. Accessibility and Communication

All safety-related information, training, and reporting processes shall be accessible to our Deaf and hard of hearing stakeholders.  ENCSD shall provide reasonable accommodations, including visual alerts, captioned materials, and ASL interpretation when appropriate, to ensure effective communication and understanding.

IX. Legal Compliance

This policy shall be implemented in compliance with applicable federal and state laws, including but not limited to workers' compensation requirements, occupational safety regulations, and North Carolina State Board of Education policies.

Legal References

• 29 C.F.R. Part 1910 — Federal Occupational Safety and Health Standards (OSHA) 
• 13 NCAC 07F .0101 — North Carolina Occupational Safety and Health Standards 
• NC State Board of Education Policy TCS-Q-003 / INSR-003 — Local Safety and Loss Prevention Program Requirements 
• NC General Statutes Chapter 115C — Public School Laws
• NC General Statutes Chapter 97 — Workers’ Compensation
• Applicable fire, health, and building codes

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, respectful, and nurturing learning environment for every student. ENCSD follows all federal and state laws, including the Child Abuse Prevention and Treatment Act (CAPTA), and North Carolina General Statutes §§ 7B-301, 14-318.6, 115C-400. We take all necessary steps to prevent, recognize, and respond to any reports or suspicions of child abuse, neglect, dependency, maltreatment, or exploitation. This policy explains our procedures, responsibilities, and protections, and ensures everyone understands their rights.

II. Definitions

• Abuse: Intentionally causing physical injury, emotional harm, sexual abuse, or cruel punishment to a student (§ 7B-101).
• Neglect: Failing to provide needed care, supervision, or basic needs (food, shelter, medical care) that results in harm or risk of harm (§ 7B-101).
• Exploitation: Using a student or their resources for someone else’s benefit, illegally or unfairly (§ 7B-101).
• Dependency: When a student needs help or placement because they are not getting proper care or supervision (§ 7B-101).
• Employee: Anyone who works at ENCSD, including full-time, part-time, permanent, temporary staff, volunteers, and contractors who interact with students (§ 115C-332).

III. Duty to Report

1. General Rule
   Any ENCSD employee who suspects or becomes aware of child abuse, neglect, dependency, maltreatment, or exploitation must report it immediately.

• Who to Report To:
  • Director of Social Services (DSS) in the county where the child lives or is found (§ 7B-301).
  • School Social Worker
    • The school Social Worker will inform the Principal for reports occurring outside of ENCSD
    • The school Social Worker will inform the Superintendent for reports occurring inside of ENCSD
  • Law Enforcement if the situation involves a violent crime, sexual offense, or child abuse (§ 14-318.6).
• How to Report:
  • Oral Report: Call or tell the agency in person as soon as possible.
  • Written Report: Follow up with a written report right away.
• If you are not sure: Always report if you are unsure. It is better to report than to wait.

Accommodations:
If you are Deaf or hard of hearing, you may request an interpreter for reporting or communicating with DSS, law enforcement, or school officials. ENCSD will provide an interpreter at no cost.

2. Special Situations

• Child Care Facilities: If suspected harm happened in a childcare program (including preschools run by the school), also report to the Department of Health and Human Services, Division of Child Development and Early Education (DCDEE).
• Internal Reporting: Always tell the principal or designated school official right away.

IV. Reporting Procedures

1. Immediate Oral Report: to DSS, law enforcement (when required), and the school social worker.
2. Written Report: Follow up with a written account as soon as possible.
3. Information to include:
   1. Name, address, and age of the juvenile
   2. Name and address of the juvenile’s parent, guardian, custodian, or caretaker
   3. Name, address, and age of the person who committed the offense (if known)
   4. Location where the offense was committed
   5. Names and ages of other juveniles present or in danger
   6. Present whereabouts of the juvenile
   7. Nature and extent of any injury or condition resulting from the offense or abuse
   8. Any other information believed to be helpful

Accommodations:
If you need help making a report because of communication barriers, ENCSD will provide an interpreter or other support.

V. Cooperation with Investigations

• Work with Investigators: ENCSD employees must cooperate fully with DSS, law enforcement, and DCDEE.
• Student Interviews: Students may be interviewed by investigators. An interpreter will be provided for the student.
• Confidentiality: All information is kept private and shared only with those who need to know.

VI. Confidentiality

All reports and investigations are confidential. Information is shared only with people directly involved in the investigation or as required by law.

VII. Protection Against Retaliation

ENCSD will not punish anyone who reports suspected abuse, neglect, or exploitation in good faith. Anyone who retaliates will face disciplinary action (§ 115C-307).

VIII. Employee Investigations

When an employee is alleged to be involved in abuse, neglect, or exploitation of a student, ENCSD shall take the following steps:

1. Immediate Action
   • The employee may be reassigned or placed on administrative leave during the investigation to ensure student safety and integrity of the process.
2. Investigation Process
   • The Superintendent and the Director of Human Resources will jointly conduct a timely and thorough internal investigation.
   • The investigation may include interviews with the student, parents/guardians, witnesses, and the accused employee.
   • All findings shall be documented and reviewed in a written report.
3. Cooperation with External Agencies
   • ENCSD shall fully cooperate with DSS, law enforcement, and other relevant agencies conducting independent investigations.
4. Outcome and Disciplinary Action
   • If misconduct is substantiated, appropriate disciplinary action shall be taken, up to and including dismissal.
   • Disciplinary actions will be in accordance with all applicable OSHR Policies.
   • The Superintendent shall report the findings to the North Carolina Department of Public Instruction when required, especially if the employee holds a professional educator license. 

Accommodations:
If the accused employee is Deaf or hard of hearing, an interpreter will be provided for all meetings and interviews.

IX. Training and Prevention

All ENCSD employees shall receive annual training on:

• Recognizing signs of abuse, neglect, and exploitation;
• The legal duty to report;
• Procedures for making a report; and
• Procedures for cooperating with investigations.

The school shall also implement age-appropriate instruction to help students recognize inappropriate behavior and report concerns.

Accommodations:
Training will be provided in accessible formats, including sign language interpreters or captions as needed.

X. Recordkeeping and Reporting Requirements

ENCSD will maintain secure records of all reports, investigations, and outcomes related to suspected abuse, neglect, or exploitation. The Superintendent shall ensure that all required reports to NCDPI or other regulatory bodies are submitted in a timely and accurate manner.

XI. Legal and Policy References

• Federal Law: Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. § 5101
• North Carolina General Statutes: §§ 7B-101, 7B-301, 14-318.6, 115C-307, 115C-400, 115C-402

Purpose

ENCSD recognizes the serious nature of concussions and other head injuries and the importance of prompt identification, appropriate response, and safe return-to-learn and return-to-activity practices.  The purpose of this policy is to protect the health and safety of students by establishing procedures for the prevention, recognition, management, and follow-up of concussions and head injuries.

ENCSD shall take reasonable and appropriate measures to reduce risk of concussions and head injuries and to ensure that any student suspected of sustaining a concussion or head injury receives immediate attention, appropriate care, and reasonable academic and activity-related accommodations.  All actions taken under this policy shall prioritize student safety and effective communication for Deaf and hard of hearing students and families.

I. Scope

This policy applies to:

• All ENCSD students, including those participating in the Residential Program
• All ENCSD-sponsored athletic, physical education, recreational, and extracurricular activities
• All employees, including instructional, residential, administrative, and support staff
• All ENCSD volunteers involved in student supervision
• Activities occurring on or off campus when sponsored or supervised by ENCSD

II. Definitions

For the purposes of this policy, the following definitions apply:

• Concussion: A type of traumatic brain injury caused by a bump, blow, or jolt to the head or body that results in rapid movement of the brain within the skull and may affect brain function.  Loss of consciousness is not required for a concussion to occur.
• Head Injury: Any injury to the scalp, skull, or brain, including concussions that may result from impact, fall, or other trauma.
• Suspected Concussion: A situation in which a student exhibits signs, symptoms, or behaviors consistent with concussion following a head impact or other traumatic event.
• Return-to-learn: A gradual process of resuming academic activities with appropriate accommodations following a concussion or head injury.
• Return-to-play: A stepwise process of resuming physical activity or athletics after a concussion or head injury, only after medical clearance.

III. Prevention and Training

ENCSD shall:

• Provide age-appropriate concussion education to students participating in physical activities
• Provide training to staff, coaches, and residential personnel on concussion recognition and response
• Promote safe practices during physical education, athletics, and recreational activities
• Ensure that safety information is communicated in accessible formats
•  

IV. School Safety Planning and Prevention

ENCSD shall implement comprehensive school safety measures, including but not limited to:

• Development and maintenance of emergency response plans
• Use of threat assessment processes to address potential risks
• Coordination with law enforcement, emergency management, and public health officials
• Appropriate supervision and monitoring of school and residential facilities
• Ongoing evaluation of safety practices and procedures

V. Identification and Immediate Response

Any student who is suspected of sustaining a concussion or head injury shall:

• Be removed immediately from physical activity
• Receive prompt evaluation by appropriate school personnel
• Not return to physical activity on the same day the injury is suspected

Parents or guardians shall be notified as soon as practicable using accessible communication methods.

VI. Medical Evaluation and Documentation

A student with a suspected or diagnosed concussion or head injury shall be evaluated by a licensed health care provider.  Written medical clearance shall be required before the student may return to physical activity.  ENCSD shall maintain appropriate documentation in accordance with applicable laws and policies.

VII. Academic and Residential Accommodations

ENCSD shall provide reasonable academic adjustments and supports during recovery, which may include modified workloads, extended time, rest periods, or alternative instructional methods.

For students in the Residential Program, ENCSD shall:

• Monitor symptoms during non-instructional hours
• Adjust residential activities as needed
• Ensure residential staff are informed of restrictions and accommodations

VIII. Return-to Learn and Return-to-Play

A student’s return to academic and physical activities shall follow a gradual, stepwise process consistent with medical guidance.  Decisions shall be individualized and based on symptom resolution and medical clearance.

IX. Accessibility and Communication

All concussion-related education, reporting, and recovery processes shall be accessible in Deaf and hard of hearing students and families.  ENCSD shall provide reasonable accommodations, including visual explanations, captioned materials, and ASL interpretation when appropriate, to ensure understanding and compliance.

Legal References

• G.S. 115C-12(23), Duties of the State Board of Education – Student Health and Safety
• G.S. 115C-47, Powers and Duties of Local Boards of Education
• G.S. 115C-150.6, Educational Services for Students Who Are Deaf or Hard of Hearing
• G.S. 130A, Public Health
• North Carolina State Board of Education Policy HRS-A-004, Student Health Services
• North Carolina Department of Public Instruction guidelines on concussion management

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

(Aligned to the Children's Internet Protection Act (CIPA) [Pub. L. No 106-554 and 47 USC 254(h)])

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, respectful, and secure online environment for all students. This policy establishes guidelines for internet safety, ethical digital behavior, and measures to prevent and respond to cyberbullying and harassment in compliance with federal and state laws, including G.S. § 115C-102.10 and the Children’s Internet Protection Act (CIPA).

II. Definitions

• Cyberbullying: The use of electronic communication to harass, intimidate, or harm an individual.
• Inappropriate Material: Content that is obscene, depicts child pornography, or is harmful to minors as defined by the Children's Internet Protection Act (CIPA).
• Unauthorized Access: Any attempt to access restricted data, systems, or networks without permission.
• Deepfakes: Digitally altered media, including images, audio, and videos, that manipulate reality in a misleading or deceptive manner, often using artificial intelligence.
• Social Media Platform: Any platform or application that allows users to create and share content publicly or privately.

III. Policy Requirements

A. Internet Safety Measures

ENCSD shall adopt, implement, and maintain an internet safety policy that does the following:

1. Limit Access to Age-Appropriate Content: Limit student access to only age-appropriate subject matter and materials on devices or internet services.
2. Protect Communication Security: Protect the safety and security of students when access email, chat rooms, and other forms of electronic communication.
3. Prohibit Unauthorized Access: Prohibit and prevent unauthorized access by students to data or information maintained by ENCSC, including “hacking” and other unlawful online activities.
4. Prevent Personal Information Disclosure: Prevent access to websites, web applications or software that do not protect against disclosure, use, or dissemination of a student’s personal information.
5. Prohibit Social Media Access: Prohibit and prevent students from accessing social media platforms, except when expressly directed by a teacher solely for educational purposes.
6. Implement CIPA Technology: Implement and maintain technology protection measures to block inappropriate material (obscene, child pornography, or harmful to minors) in compliance with CIPA.
7. Staff Supervision: Provide supervision and monitoring of student internet use by ENCSD staff.
8. CIPA Compliance: Conduct public notice and at least one public hearing before adopting or making significant changes to this policy, per CIPA requirements.

B. Internet Safety Education

ENCSD shall provide age-appropriate internet safety training as part of the standard course of study, including:

• General Safety and Cyberbullying: Safet internet practices, cyberbullying awareness and response, and responsible use of electronic communication.
• Deepfakes and Media Literacy: Education on deepfakes, misinformation, and media literacy to help students critically evaluate online content.
• Mandated Social Media and Health Instruction: Instruction on social media and its effects on health (social, emotional, and physical), provided:
  • Once during elementary school
  • Once during middle school
  • Twice during high school
  • This instruction must cover:
    • Negative effects on mental health (including addiction)
    • Misinformation distribution
    • Manipulative behavior methods
    • The permanency of online information
    • Maintaining personal security
    • How to identify cyberbullying/predatory behavior/human trafficking
    • How to report suspicious behavior

IV. Bullying and Harassment Prevention

A. Definition

Bullying and harassment involve repeated verbal, written, electronic, or physical behavior that:

• Causes fear of harm to a student or employee.
• Creates a hostile environment that interferes with a student’s education.

Bullying may be motivated by characteristics such as race, gender, disability, or socioeconomic status.

B. Prohibited Conduct

The following behaviors are prohibited:

• Threats, intimidation, and abusive language
• Spreading false rumors
• Cyberbullying via text, social media, or email
• Use of deepfake technology to spread false or misleading information about students or staff
• Physical aggression (e.g., hitting, shoving, spitting)

V. Reporting and Investigation

1. Any student who experiences cyberbullying or harassment should report the incident to a teacher, counselor, or administrator. Anonymous reporting is available.
2. Employees who witness violations must report them immediately.
3. All reports shall be investigated within 24 hours by school administration.
4. Disciplinary actions will follow the ENCSD Code of Conduct and may include counseling, parental notification, and suspension.
5. Retaliation against individuals who report bullying is strictly prohibited.

VI. Compliance and Review

1. All ENCSD employees, students, and volunteers shall receive annual training on Internet safety and cyberbullying prevention.
2. ENCSD shall conduct annual policy reviews to ensure compliance with evolving state and federal laws, including NC DPI guidelines.
3. ENCSD shall maintain documentation of compliance with CIPA, including records of public notices, hearings, and technology protection measures.
4. The LAN Manager or designated representatives shall be responsible for implementing and managing technology protection measures.
5. This policy shall be incorporated into employee training materials, student codes of conduct, and school handbooks.

VII. Contact Information

For questions regarding this policy, please contact the ENCSD Administration Office.

Approval & Adoption: This policy is adopted in accordance with federal and state regulations and will be enforced across ENCSD.

Legal References:

• Children's Internet Protection Act (CIPA) [Pub. L. No. 106-554 and 47 USC § 254(h)]
• Protecting Children in the 21st Century Act
• Family Educational Rights and Privacy Act (FERPA)
• G.S. § 115C-407.5 (Related to Bullying and Harassment)
• G.S. § 115C-102.10 (Internet Safety Policy, enacted by S.L. 2025-38, § 1(a))
• G.S. § 115C-81.26 (Social media and mental health instruction, enacted by S.L. 2025-38, § 2(a))
• North Carolina Department of Public Instruction (NC DPI) CIPA Compliance Guidelines

Revision History:

Purpose

ENCSD recognizes that positive student behavior is essential to a safe, orderly, and supportive learning and living environment.  The purpose of this policy is to establish expectations for student conduct and to promote respectful, responsible behavior that supports academic success, social-emotional growth, and school safety.

ENCSD shall maintain a comprehensive approach to student behavior that emphasizes prevention, positive behavioral supports, clear expectations, and fair, consistent responses to misconduct.  Discipline practices shall be educational in nature, developmentally appropriate, and implemented in a manner that respects the communication needs of Deaf and hard of hearing students and the unique considerations of the Residential program.

I. Scope

This policy applies to:

• All ENCSD students, including those participating in the Residential Program
• Student conduct on ENCSD property, in ENCSD vehicles, and at ENCSD-sponsored activities
• Student conduct that occurs off campus when such conduct has a direct and immediate impact on the orderly operation of the school or the safety of the school community.

II. Definitions

For the purposes of this policy, the following definitions apply:

• Student Conduct: Behavior exhibited by a student that complies with or violates established school rules, policies, or expectations.
• Code of Student Conduct: A set of rules and expectations adopted by ENCSD that governs student behavior and outlines potential consequences for violations.
• Disciplinary Action: Any response taken by ENCSD to address violations of student behavior expectations, including corrective, supportive, or punitive measures as permitted by law.
• Short-Term Suspension: Exclusion from school for ten (10) school days or fewer in accordance with applicable law and policy.
• Long-Term Suspension: Exclusion from school for more than ten (10) school days in accordance with applicable law and policy.
• Alternative Disciplinary Measures: Non-exclusionary responses to misconduct, including restorative practices, behavioral interventions, counseling, or other supports.

III. Behavioral Expectations

ENCSD shall establish and communicate clear behavioral expectations that:

• Promote respect for self, others, and property
• Support a safe and orderly school and residential environment
• Are communicated to students and families in accessible formats

Students are expected to comply with all school rules and to conduct themselves in a manner that does not disrupt the educational process or compromise safety.

IV. Disciplinary Measures

Disciplinary actions shall be:

• Fair, consistent, and proportionate to the behavior
• Implemented in accordance with due process requirements
• Designed, when appropriate, to correct behavior and minimize disruption to learning.

ENCSD shall consider alternative disciplinary measures before imposing exclusionary discipline, except where immediate removal is necessary to ensure safety.

V. Residential Program Behavior Expectations

Students participating in the Residential Program are subject to behavioral expectations during non-instructional hours that support safety, respect, and community living.  ENCSD shall:

• Establish residential-specific behavior guidelines
• Ensure appropriate supervision and consistent enforcement of expectations
• Coordinate disciplinary responses between instructional and residential staff when necessary

VI. Accessibility and Communication

All behavior expectations, disciplinary procedures, and notices shall be communicated in accessible formats for Deaf and hard of hearing students and families.  ENCSD shall provide reasonable accommodations, including visual explanations, captioned materials, and ASL interpretation when appropriate, to ensure understanding and meaningful participation in disciplinary processes.

VII. Due Process

ENCSD shall provide students with due process protections as required by law, including notice of alleged misconduct and an opportunity to be heard prior to the imposition of disciplinary consequences, consistent with the severity of the disciplinary action.

Legal References

• G.S. 115C-390.1 through 115C-390.12, Student Discipline
• G.S. 115C-47, Powers and Duties of Local Boards of Education
• G.S. 115C-150.6, Educational Services for Students Who Are Deaf or Hard of Hearing
• Individuals with Disabilities Education Act (IDEA)
• Section 504 of the Rehabilitation Act of 1973
• North Carolina State Board of Education policies related to student discipline and behavior

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

Purpose

ENCSD is committed to ensuring that disciplinary actions involving students with disabilities are conducted in a fair, legally compliant, and educationally sound manner.  This policy outlines procedures for addressing behavior by students with disabilities while protecting their rights under the Individuals with Disabilities Act (IDEA), Section 504 of the Rehabilitation Act, Americans with Disabilities Act (ADA), and applicable North Carolina state laws and NCDPI regulations.

I. Definitions

• Disciplinary Change of Placement: Removal of a student from their current educational setting for more than 10 consecutive school days, or a pattern of removals constituting a significant change in placement under IDEA and NCDPI guidance.
• Manifestation Determination Review (MDR): A required review to determine whether a student’s misconduct was related to their disability.
• Functional Behavior Assessment (FBA): A process for identifying the causes of behavior in order to develop effective interventions.
• Behavior Intervention Plan (BIP): A plan developed from the FBA outlining strategies and supports to address behavior concerns.

II. General Guidelines

1. Equity and Legal Compliance
   • All disciplinary actions must comply with IDEA, ADA, and applicable federal and state laws and must not result in the denial of a Free and Appropriate Public Education (FAPE).
2. Continued Educational Access:
   • Any removal exceeding 10 cumulative school days in a school year must ensure the student continues to receive services necessary to make progress toward IEP goals and participate in general curriculum as required by 34 CFR § 300.530(d).
3. Communication in ASL:
   • All notices, meetings (including MDRs), and proceedings must be accessible in American Sign Language (ASL) for students and families.  Certified ASL interpreters must be provided in accordance with ADA and IDEA.

III. Short-Term Suspensions (10 days or fewer)

• School personnel may remove a student with a disability up to 10 cumulative school days per school year for violations of the Code of Conduct, if such discipline would apply to non-disabled students.
• These short-term removals:
  • Do not require an MDR
  • Must include ASL-accessible communication to families
  • Require documentation of the incident and support strategies used

IV. Disciplinary Changes of Placement

A disciplinary change of placement occurs if:

• The student is removed for more than 10 consecutive school days, or
• The student is subject to a series of removals that total more than 10 days and constitutes a pattern based on length, total time, and proximity of removals.

If such a change occurs, ENCSD must:

• Provide written notice of the decision and a copy of Procedural Safeguards to the parent/guardian in an accessible format, including ASL as needed.
• Convene the IEP team within 10 school days to conduct a Manifestation Determination Review (MDR).

V. Manifestation Determination Review (MDR)

The IEP team must determine whether the conduct:

• Was caused by, or had a direct and substantial relationship to, the child’s disability, 

or

• Was the direct result of ENCSD’s failure to implement the IEP

If either is true, the behavior is a manifestation, and:

• The student cannot be further disciplined under standard procedures
• The IEP team must:
  • Conduct a review of a Functional Behavioral Assessment (FBA)
  • Develop or revise a Behavioral Intervention Plan (BIP)

VI. Behavior Not a Manifestation

IF the behavior is not a manifestation of the student’s disability:

• The student may be disciplined in the same manner as non-disabled peers, including suspension or expulsion.
• The student must continue to receive special education and related services as determined by the IEP team.
• All decisions must be communicated in ASL and documented appropriately.

VII. Special Circumstances and Interim Alternative Educational Settings (IAES)

A student may be placed in an Interim Alternative Educational Setting (IAES) for up to 45 school days for:

• Possession of a weapon
• Possession or use of illegal drugs
• Infliction of serious bodily injury

Even if the conduct is a manifestation of the disability, the IEP team may place the student in IAES.

The team must:

• Determine the services needed for continued educational progress
• Notify parents/guardians of the placement decision and rights
• Ensure language and communication access

VIII. Appeals and Due Process

Parents/guardians may appeal disciplinary decisions through:

• Filing a due process complaint under 34 CFR § 300.532
• Requesting a stay-put placement during the appeal
• Engaging in state-sponsored mediation through NCDPI

ENCSD ensures that all proceedings include ASL interpretation and communication access as needed.

IX. Documentation and Oversight

ENCSD will:

• Maintain documentation of all disciplinary actions involving students with disabilities
• Submit data to NCDPI and other required agencies
• Analyze trends to reduce disparities and improve proactive behavioral supports

Legal References

• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• 34 CFR §§ 300.530 – 300.537
• Americans with Disabilities Act (ADA)
• North Carolina General Statutes § 115C-390 et seq.
• North Carolina Policies Governing Services for Children with Disabilities

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

1. Purpose

To maintain a safe, focused, and accessible learning environment while ensuring full compliance with federal and state laws and guidance, including North Carolina Session Law 2025-38, NCDPI regulation, and the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act.

2. Definitions

• Wireless Communication Device: Any portable, internet-connected device capable of voice, text, image, or data communication between two or more parties.  Examples include cellular phones, tables computers, laptops, electronic devices with internet capability, paging devices, two-way radios, gaming devices, smartwatches, smart glasses, and wireless earbuds. Excludes ENCSD-issued instructional or assistive technology directly incorporated into a student’s IEP, 504, or ADA accommodation.
• Instructional Time: All periods when academic or school-sponsored learning occurs, including classroom instruction, transitions between classes, assemblies, and field trips.  For ENCSD, instructional time begins at 8 AM and ends at 4 PM.
• Accommodation Devices: Any technology or communication aid required by student’s IEP plan for equal access, including speech-to-text, captioning services, cochlear implant processors, FM Systems, or accessible communication applications.

3. Use Guidelines

• Wireless communication devices must be powered off and stored out of sight during instructional time, except as outlined below.
• Devices will not be used, displayed, or turned on during any part of the instructional day unless specifically authorized for instructional purposes, emergencies, medical needs, or required disability accommodations.
• Cell phone use for our residential students is determined by the residential privilege system.  This system is in place to encourage positive decision making, independence, and socialization.  Students have Video Phones available for their use in the dorm common areas and are always allowed to reach out to their parents using the video phone.

4. Exceptions

• Instructional Use: Permitted when authorized by staff for educational application.
• Emergency: Permitted as determined by staff in emergency situations.
• Accessibility/Accommodation: Permitted whenever required by a student’s IEP for equal and effective communication, in accordance with federal law.  Includes the use of captioning, speech-to-text, automated interpreters, and any assistive device or application necessary for the deaf or hard of hearing.
• Medical/Health Needs: Permitted if the device is documented as required for managing a medical condition.

ENCSD will provide all auxiliary aids and services required for effective communication.  Wireless devices or technology needed for the educational participation of deaf or hard of hearing students are always permitted; restrictions will not impede legally mandated access.

5. Parental Communication

Parents and guardians must contact students through the main office during instructional hours.  Personal devices should not be used for external calls or texts unless permitted by specific accommodation or emergency circumstance.

6. Enforcement

Unauthorized device use will result in confiscation and/or discipline as per the ENCSD Family Handbook, in accordance with state law.  A parent or guardian may retrieve a confiscated device at the Woodard Administration building.  If a parent is unable to retrieve the confiscated device, the device will be sent home with the student on the next travel day. Accommodations and assistive technology for disability access may never be withheld as a consequence.

7. Notification and Review

This policy will be distributed annually, reviewed by ENCSD leadership, and updated as required by changes in NC law or guidance from NCDPI.  All amendments are subject to legal review.

8. Legal References

• Session Law 2025-38 (House Bill 959)
• Americans with Disabilities Act (ADA), 28 CFR § 36.303 (c)
• Section 504 of the Rehabilitation Act
• North Carolina Department of Public Instruction Guidance

Effective Date: 03/01/2025
Last Updated: 03/01/2025

1. Introduction
   The Eastern North Carolina School for the Deaf (ENCSD) is committed to protecting the privacy and security of students, staff, and school community information. This policy outlines our procedures for collecting, storing, using, and sharing educational records and personal data in compliance with:
   • Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)
   • Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400 et seq.; 34 CFR Part 300)
   • Fair Information Practice Principles (FIPPs)
   • North Carolina State Privacy Laws
   • Other applicable federal and state regulations
      

2. Definitions
   • Personally Identifiable Information (PII): Any data that can be used to identify a student, staff member, or parent, including but not limited to names, addresses, student IDs, birth dates, and educational records.
   • Education Records: Any records maintained by ENCSD that relate directly to a student, including academic records, Individualized Education Programs (IEPs), disciplinary records, and medical records covered under IDEA.
   • Directory Information: Information that may be disclosed without consent, such as student name, grade level, and participation in activities—unless a parent/guardian opts out.
   • Legitimate Educational Interest: A school official's need to access student records to fulfill their professional responsibilities.
      

3. Collection and Use of Student Information
   ENCSD collects student data for the sole purpose of providing quality educational services and ensuring student success. Data collection is limited to what is necessary to support teaching, learning, safety, and compliance with state and federal laws.
    
   1. Types of Information Collected:
      • Student identification and demographic information
      • Academic records, including grades and assessments
      • Special education and IEP documentation (for eligible students)
      • Attendance and disciplinary records
      • Health and emergency contact information
      • Communication logs with families and staff
   2. How We Use This Information:
      • To support instructional and special education services
      • To track academic progress and attendance
      • To ensure student safety and well-being
      • To comply with federal, state, and local reporting requirements
      • To communicate with parents, guardians, and authorized school personnel
         

4. ---

   Privacy and Security of Student Records
   ENCSD protects all education records and student PII through secure storage, restricted access, and encryption measures where applicable.

   1. Access to Student Records
      Student records are only accessible to:
      • Parents/guardians (for minors) or eligible students (18+ years old)
      • School officials with a legitimate educational interest
      • State and federal agencies when required by law
      • Other parties with explicit parental consent

   Unauthorized access, discussion, or disclosure of student information is strictly prohibited and may result in disciplinary action.

   2. Safeguarding Confidentiality
      ENCSD follows best practices for safeguarding student and staff data, including:
      • Secure storage of paper records (locked cabinets, restricted access)
      • Digital encryption for electronic student records
      • Two-factor authentication for accessing sensitive data
      • Annual privacy training for all staff handling student data
         

5. Student Rights Under FERPA & IDEA
   Under FERPA (34 CFR § 99.10-99.12) and IDEA (34 CFR § 300.613), students and parents have the following rights:
    

   1. Right to Access Records
      Parents and eligible students may inspect, review, and request copies of their education records. ENCSD will respond to requests within 45 days.
       
   2. Right to Request Amendments
      If parents or students believe a record is inaccurate, they may submit a written request for correction. ENCSD will review the request and notify the requester of any changes.

   3. Right to Control Disclosure
      Schools must obtain written consent before disclosing a student's PII, except in cases where FERPA permits disclosure, such as:

      • To school officials with a legitimate educational interest
      • To other schools where a student is transferring/enrolling
      • To state or federal education authorities for audits and program evaluations
      • To comply with court orders or subpoenas
      • To protect health or safety in emergencies

      Upon request, ENCSD may disclose student records to another school where a student seeks to enroll, with reasonable efforts to notify parents unless prior notification is included in the annual FERPA notice.

   4. Right to Opt-Out of Directory Information
      Parents may opt out of having their child's directory information shared by submitting a written request to ENCSD's administration.
   5. Right to File a Complaint
      Parents and students may file complaints regarding FERPA violations with:
      Family Policy Compliance Office
      U.S. Department of Education
      400 Maryland Avenue, SW
      Washington, DC 20202-5920
       

   ---

   6. Protection of Pupil Rights Amendment (PPRA)
      Under PPRA, parents and eligible students have rights regarding:

      • Surveys containing sensitive topics (e.g., political beliefs, psychological issues, religious affiliations, income, etc.)
      • Opt-out rights for non-emergency physical exams or screenings.
      • Reviewing instructional materials and data collection instruments used for student surveys.

      Complaints related to PPRA violations may be filed with the Family Policy Compliance Office at the U.S. Department of Education.

   ---

   7. Student Directory Information & Opt-Out Rights
      ENCSD may release directory information without parental consent, unless a parent/guardian opts out. This includes:

      • Student name, grade level, dates of attendance
      • Participation in school activities and sports
      • Awards, diplomas, and certifications earned
      • Student photographs in school-approved publications

      Parents may submit a written request to the school principal to restrict the release of directory information. Under federal law, ENCSD must also release student names, addresses, and phone numbers to military recruiters and institutions of higher learning, unless an opt-out request is submitted.

8. Sharing and Disclosure of Student Information
   ENCSD does not sell, trade, or misuse student information. However, information may be shared in strictly regulated situations, including:
   1. Permitted Disclosures Without Consent (Under FERPA & IDEA)
      • To school officials with a legitimate educational interest
      • To other schools where a student is transferring/enrolling
      • To state or federal education authorities for audits and program evaluations
      • To comply with court orders or subpoenas
      • To protect health or safety in emergencies
   2. Third-Party Data Use
      ENCSD only partners with approved educational service providers (e.g., learning platforms, testing services) that comply with FERPA, IDEA, and FIPPs. All contracts require:
      • Data encryption and security measures
      • Limited use of student data for educational purposes only
      • No unauthorized data sharing or selling
         

9. ---

   Staff Responsibilities & Training
   All ENCSD employees are responsible for safeguarding student privacy. Staff must:

   • Follow FERPA and IDEA confidentiality rules
   • Use secure communication methods (e.g., no discussing student info in public areas)
   • Report any suspected data breaches to administration immediately

   Staff members receive annual privacy training to ensure compliance with local, state, and federal laws.

10. ---

    Parental Involvement & Communication
    ENCSD values transparency and parental involvement. Parents are encouraged to:

    • Review their child's records regularly
    • Ask questions about how student data is used
    • Opt-out of directory information sharing if desired

    For any concerns, parents may contact ENCSD's Superintendent's Office at:
    cheryl.iannucci@encsd.k12.nc.us
    252 206-7342

11. ---

    Reporting Privacy Concerns or Violations
    If you believe student privacy has been violated, you may report concerns to:

    • ENCSD Administration
    • North Carolina Department of Public Instruction
    • U.S. Department of Education - Family Policy Compliance Office (FERPA Complaints)

    ENCSD takes all privacy concerns seriously and will investigate any potential violations promptly.

12. Updates to This Policy
    ENCSD reserves the right to update this Privacy Policy in response to changes in law, best practices, or school operations. Updates will be communicated via email and the school website.

Website Privacy Policy

This privacy statement was created to demonstrate our firm commitment to our visitors' privacy. The following discloses our information gathering and dissemination practices for the ENCSD website.

Information Collected and Stored Automatically

When you visit our website to browse, read pages, or download information, we automatically collect and store the following information:

• Internet domain and IP address from which you access our site
• Type of browser and operating system used to access our site
• Date and time you access our site
• Pages you visit
• If you came to our site from another website, the address of that site
• The search engine and search words/phrases used to locate our site (if applicable)

We use this information to help us make our site more useful to visitors and to learn about the number of visitors to our site and the types of technology our visitors use.

Personal and Demographic Information

In general, you can visit the ENCSD website without providing any personal information. Subscriptions to our email publications require your email address. Other information requested during the subscribing process is optional and is used to learn more about the visitors using our email news service to better serve them.

Cookies

This site uses cookies on a limited basis to help us provide fresh, individual content to our visitors. ENCSD does not track information collected by cookies during a visit to our website.

External Website Links

Pages on this site provide links to other sites that are not maintained by ENCSD. These links are intended as additional resources for our users. ENCSD is not responsible for the content of any off-site pages or any other sites linked from this site. As a result, this agency cannot guarantee the accuracy, completeness, usefulness, or adequacy of any resources, information, products, or processes contained in any website linked directly or indirectly to our site. We are not responsible for the privacy practices or content of non-ENCSD websites. Links to external sites do not constitute endorsement.

Web Site Security

For website security purposes and to ensure that this service remains available to all users, this computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage. These attempts to cause damage could be subject to legal action.

Compliance with FERPA and Educational Privacy Laws

ENCSD complies with the Family Educational Rights and Privacy Act (FERPA) and all applicable federal, state, and local educational privacy laws. This includes, but is not limited to, ensuring the confidentiality of student education records, providing parents and eligible students the right to review and request amendments to records, and limiting disclosures of personally identifiable information without appropriate consent.

For more details on FERPA compliance, please review the "Notification of Rights under FERPA" section.

Contact Information

For any questions regarding this privacy policy, please contact ENCSD administration.

Purpose ENCSD recognizes the serious nature of concussions and other head injuries and the importance of prompt identification, appropriate response, and safe return-to-learn and return-to-activity practices. The purpose of this policy is to protect the health and safety of students by establishing procedures for the prevention, recognition, management, and follow-up of concussions and head injuries. ENCSD shall take reasonable and appropriate measures to reduce risk of concussions and head injuries and to ensure that any student suspected of sustaining a concussion or head injury receives immediate attention, appropriate care, and reasonable academic and activity-related accommodations. All actions taken under this policy shall prioritize student safety and effective communication for Deaf and hard of hearing students and families. I. Scope This policy applies to: • All ENCSD students, including those participating in the Residential Program • All ENCSD-sponsored athletic, physical education, recreational, and extracurricular activities • All employees, including instructional, residential, administrative, and support staff • All ENCSD volunteers involved in student supervision • Activities occurring on or off campus when sponsored or supervised by ENCSD II. Definitions For the purposes of this policy, the following definitions apply: • Concussion: A type of traumatic brain injury caused by a bump, blow, or jolt to the head or body that results in rapid movement of the brain within the skull and may affect brain function. Loss of consciousness is not required for a concussion to occur. • Head Injury: Any injury to the scalp, skull, or brain, including concussions that may result from impact, fall, or other trauma. • Suspected Concussion: A situation in which a student exhibits signs, symptoms, or behaviors consistent with concussion following a head impact or other traumatic event. • Return-to-learn: A gradual process of resuming academic activities with appropriate accommodations following a concussion or head injury. • Return-to-play: A stepwise process of resuming physical activity or athletics after a concussion or head injury, only after medical clearance. III. Prevention and Training ENCSD shall: • Provide age-appropriate concussion education to students participating in physical activities • Provide training to staff, coaches, and residential personnel on concussion recognition and response • Promote safe practices during physical education, athletics, and recreational activities • Ensure that safety information is communicated in accessible formats • IV. School Safety Planning and Prevention ENCSD shall implement comprehensive school safety measures, including but not limited to: • Development and maintenance of emergency response plans • Use of threat assessment processes to address potential risks • Coordination with law enforcement, emergency management, and public health officials • Appropriate supervision and monitoring of school and residential facilities • Ongoing evaluation of safety practices and procedures V. Identification and Immediate Response Any student who is suspected of sustaining a concussion or head injury shall: • Be removed immediately from physical activity • Receive prompt evaluation by appropriate school personnel • Not return to physical activity on the same day the injury is suspected Parents or guardians shall be notified as soon as practicable using accessible communication methods. VI. Medical Evaluation and Documentation A student with a suspected or diagnosed concussion or head injury shall be evaluated by a licensed health care provider. Written medical clearance shall be required before the student may return to physical activity. ENCSD shall maintain appropriate documentation in accordance with applicable laws and policies. VII. Academic and Residential Accommodations ENCSD shall provide reasonable academic adjustments and supports during recovery, which may include modified workloads, extended time, rest periods, or alternative instructional methods. For students in the Residential Program, ENCSD shall: • Monitor symptoms during non-instructional hours • Adjust residential activities as needed • Ensure residential staff are informed of restrictions and accommodations VIII. Return-to Learn and Return-to-Play A student’s return to academic and physical activities shall follow a gradual, stepwise process consistent with medical guidance. Decisions shall be individualized and based on symptom resolution and medical clearance. IX. Accessibility and Communication All concussion-related education, reporting, and recovery processes shall be accessible in Deaf and hard of hearing students and families. ENCSD shall provide reasonable accommodations, including visual explanations, captioned materials, and ASL interpretation when appropriate, to ensure understanding and compliance. Legal References • G.S. 115C-12(23), Duties of the State Board of Education – Student Health and Safety • G.S. 115C-47, Powers and Duties of Local Boards of Education • G.S. 115C-150.6, Educational Services for Students Who Are Deaf or Hard of Hearing • G.S. 130A, Public Health • North Carolina State Board of Education Policy HRS-A-004, Student Health Services • North Carolina Department of Public Instruction guidelines on concussion management This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

1. Purpose

To provide a safe, accessible, and positive educational environment that is free from weapons and explosives, in strict compliance with North Carolina law, federal requirements (including the Gun-Free Schools Act and the ADA), and NCDPI guidance.

2. Definitions

• Weapons: Any firearm (including guns, rifles, pistols), BB gun, air gun, stun gun, bowie knife, dirk, dagger, slingshot, switchblade, leaded cane, blackjacks, metallic knuckles, razors (except those solely for shaving), or other devices intended for or capable of inflicting serious harm,  This includes any sharp-pointed or edged instrument except for unaltered nail files/clips and tools used solely for food preparation, instruction, or maintenance.  Personal defense sprays (e.g., pepper spray, mace) are considered.
• Explosive: Any device or material capable of causing an explosion, including but not limited to dynamite, bombs, grenades, blasting caps, mines, powders, fireworks, or other powerful explosive substances as defined in G.S. 14-2841.1 and federal statutes.
• School Property: Any ENCSD building, bus, campus, recreational area, athletic field, or other property owned, used, or operated by the school, including sites of curricular or extracurricular activities.

3. Prohibition

• All weapons are prohibited on school property, including firearms with a permit, at any school-sponsored event (curricular or extracurricular).
• Simulated weapons, look-alike explosives, or items intended to cause a disturbance or alarm are also prohibited. 
• Any knowledge or suspicion of a weapon or explosive on campus should be reported immediately to school administration or law enforcement as required by law.

4. Exclusions

• This policy does not prohibit the lawful possession of an assistive device required by student’s IEP plan, unless the device is a weapon or explosive.
• Temporary exceptions for instructional purposes (e.g., tool for a supervised class project) may be granted only with the written approval of the Principal and must be in strict compliance with all safety protocols, under direct adult supervision.
• This policy does not interfere with law enforcement officers acting in an official capacity.

5. ADA Considerations

• For the safety and equitable treatment of all deaf and hard of hearing students, all emergency warnings related to weapons or explosives will include visual alarms (text messages) as required by ADA and Section 504 (ADAAG § 4.1.3(14), §4.28)
• Any disciplinary process will include accessible communication methods (e.g., interpreters, captioning, plain-language notices) to ensure that students and families with hearing loss fully understand proceedings and their rights under the law.
• Accommodations will never require or allow possession or simulation of weapons or explosives for any student.

6. Consequences

• Any person in violation of this policy is subject to disciplinary action, up to and including expulsion for students, or termination/dismissal for employees, as well as referral to law enforcement as require by the Gun-Free Schools Act and North Carolina statutes.
• Confiscation of the weapon or explosive and immediate removal from campus will occur.

7. Notification, Training, and Review

• This policy will be distributed annually; staff and students will receive training regarding prohibited items, emergency procedures accessible to all, and reporting requirements in accordance with ADA effective communication standards.
• The policy will be reviewed yearly by ENCSD administration for continued alignment with legal requirements and best practices.

8. Legal References

• North Carolina General Statutes §§ 14-269.2, 14-284.1
• Gun-Free Schools Act of 1994, 20 U.S.C. § 7151
• Americans with Disabilities Act (ADA) 28 CFR § 35.151, § 35.164
• Section 504 of the Rehabilitation Act
• North Carolina Department of Public Instruction Guidance

1. Purpose

The purpose of this policy is to establish guidelines for the retention, maintenance, and disposition of records at ENCSD to ensure legal compliance, operational efficiency, and security. This policy aligns with the North Carolina Functional Schedule, the North Carolina Public Records Law (N.C.G.S. 132), including the publication requirements of G.S. § 115C-320 (S.L. 2025-73), the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA), and state cybersecurity regulations. 

2. Scope

This policy applies to all records, regardless of format (physical, electronic, audio, video, etc.), created, received, or maintained by all ENCSD departments and personnel, including but not limited to the following departments: Academics, Administration, Nutrition, Residential, Maintenance, Housekeeping, Business Office, Human Resources, Student Health Center, School Psychologist, School Social Worker, School Speech Pathologist, ENCSD Museum, and Information Technology.

3. General Records Management Guidelines

1. Retention and Disposition

• Retention Schedule
  • All records are to be retained in accordance with the North Carolina Functional Schedule.
  • If a specific state statute, federal regulation, or other legal requirement mandates a longer retention period than the functional schedule, that longer (or more restrictive) period governs.
• Category-specific Requirements.
  • Student Records: (Academic, Disciplinary, Health, IEPs, Residential) Retained permanently or as outlined in the schedule.  Compliance with FERPA is mandatory for all student data, and compliance with HIPAA is mandatory for all protected student health information (PHI).
  • Personnel Records: (Employment History, Benefits, Evaluations) Retained for 30 years after separation (N.C.G.S. § 126-22) to manage potential claims.
  • Financial Records: (Budgets, Audits, Payrolls) Retained for 5-10 years, depending on the document type, per N.C.G.S. § 132.3.
  • Facility and Safety Records: (Maintenance Logs, Incident Reports, Compliance Records) Retained per the schedule (often 5-25 years), based on regulatory risk and archival value.
  • Administrative Correspondence/General Reports: Retain for 3-5 years unless deemed historically or legally significant.
• Security and Storage
  • Digital Records: Use secure storage, with access controls, encryption where appropriate, and adherence to state cybersecurity policies.
  • Physical Records: Stored in secure, access-controlled areas to protect against unauthorized access, damage, or loss.
• Disposition/Destruction
  • When records reach the end of their retention period, they must be disposed of in a secure manner:
    • Physical records: shredding, incineration, or other secure destruction.
    • Electronic records: secure deletion, data wiping, or physical destruction of media.
  • Disposal must follow the procedures laid out in the functional schedule and any state archival or public records law requirements.

4. Public Records Access and Disclosure

1. Definition and Legal Bias
   • ENCSD considers any record made or received in connection with its public duties a public record, unless expressly exempted by state or federal law. 
2. Requests for Records
   • ENCS shall maintain a public records request process. Requests should be made in writing or documented by ENCSD personnel.
   • ENCSD should designate a Chief Recodes Compliance Officer responsible for handling requests, tracking them, and responding in compliance with the law.  This person may issue guidelines consistent with this policy.
   • If a request is denied, ENCSD must provide a written denial explaining the basis for withholding, referencing legal exemptions (e.g., FERPA, HIPPA, confidentiality).
3. Fees
   • ENCSD may charge fees for copying public records in accordance with applicable law (N.C.G.S. 132) and administrative guidelines.  Fees should reflect the actual cost of duplication, search, and redaction.
4. Compliance with G.S. § 115C-320 (As Amended by S.L. 2025-73)
   • In accordance with Section 2(b1) of S.L. 2025-73, ENCSD shall publish and maintain on its website, no later than August 15, 2025, and annually thereafter, the following for all “central office” employees:
     • Total compensation from all funding sources, including base salary, reimbursements, allowances, bonuses, deferred compensation, and other pay forms.
     • Position title and description of position.
     • The date the position was created in ENCSD.
     • The department, unit, or office in which the position resides.
     • The number of central office employees for each position title.
   • ENCSD must maintain internal records tracking the date and amount of each change (increase/decrease) in total compensation, promotions, demotions, suspensions, separations, and employment classifications per G.S. 115C-320.
5. ADA/Accessibility Requirements

Given that ENCSD is a school for the deaf and is itself a state agency, it must ensure that public records are accessible in a manner consistent with ADA Title II (public entity obligations) and Section 504, ensuring effective communication.  To that end:

• Any audio or video records made public must include closed captions, transcripts, or other equivalent alternatives.
  • Digital records must be compatible with assistive technologies and provided in accessible formats upon request.
  • The Chief Records Compliance Officer must respond to accessibility requests in a timely manner and provide alternate formats when necessary to ensure access.

5. Confidentiality and Privacy Protections

1. FERPA/Student Privacy
   • Student education records (including health, IEPs, disciplinary information) are protected under FERPA.  Any public release of student data must comply with FERPA regulations; personally identifiable information (PII) must not be disclosed without appropriate consent or legal exception.
2. HIPAA/Health Records
   • For student health records maintained by the Student Health Center (SHC), ENCSD must comply with HIPAA (as applicable), ensuring PHI is stored securely, disclosed only under permissible uses, and access is limited to authorized personnel.
   • Sensitive personal information (social security number, medical records, etc.) must be protected and not disclosed in public records, except where required by law.
3. Personnel Records/Privacy
   • ENCSD must manage employee personnel records consistent with NC OSHR policy, which outlines what is public vs confidential in personnel files.
   • Sensitive personal information (social security numbers, medical records, etc.) must be protected and not disclosed in public records, except where required by law.

6. Accountability, Oversite, and Review

1. Chief Records Compliance Officer
   • ENCSD shall designate a Chief Records Compliance Officer responsible for overseeing this policy’s implementation, ensuring compliance, training staff, and serving as the point of contact for records requests.
2. Departmental Responsibilities
   • Each department shall maintain a record log that includes:
     • Record type
     • Date of creation
     • Retention period
     • Person responsible
     • Planned disposition
   • Departments must review their record logs annually to ensure conformity with the Functional schedule.
3. Policy Review and Training
   • ENCSD leadership must review this policy at least annually and update it as needed to reflect changes in law, regulation, or internal practice.
   • ENCSD will provide annual training for staff on records management, public records law obligations, FERPA/HIPPA confidentiality, and ADA accessibility for records.
4. Reporting
   • The Chief Records Compliance Officer shall produce an annual compliance report to be submitted to the Superintendent, including outstanding public records requests, denials, appeals, and accessibility accommodation requests.

VII. Legal References 

• North Carolina Public Records Law, N.C.G.S. Chapter 132
  • North Carolina Functional Schedule for Local and State Agencies
  • G.S. § 115C-320 (as amended by S.L. 2025-73 / SB 375) — Publication and inspection of central-office employee compensation and personnel data North Carolina General Assembly
  • Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g)
  • Health Insurance Portability and Accountability Act (HIPAA) (45 CFR Parts 160 & 164)
  • NC OSHR Personnel Records Policy (in accordance with G.S. 126-4, Article 7) OSHR NC
  • Americans with Disabilities Act (ADA), Title II (public entities)

Revision History:

Purpose

ENCSD recognizes the serious nature of concussions and other head injuries and the importance of prompt identification, appropriate response, and safe return-to-learn and return-to-activity practices.  The purpose of this policy is to protect the health and safety of students by establishing procedures for the prevention, recognition, management, and follow-up of concussions and head injuries.

ENCSD shall take reasonable and appropriate measures to reduce risk of concussions and head injuries and to ensure that any student suspected of sustaining a concussion or head injury receives immediate attention, appropriate care, and reasonable academic and activity-related accommodations.  All actions taken under this policy shall prioritize student safety and effective communication for Deaf and hard of hearing students and families.

I. Scope

This policy applies to:

• All ENCSD students, including those participating in the Residential Program
• All ENCSD-sponsored athletic, physical education, recreational, and extracurricular activities
• All employees, including instructional, residential, administrative, and support staff
• All ENCSD volunteers involved in student supervision
• Activities occurring on or off campus when sponsored or supervised by ENCSD

II. Definitions

For the purposes of this policy, the following definitions apply:

• Concussion: A type of traumatic brain injury caused by a bump, blow, or jolt to the head or body that results in rapid movement of the brain within the skull and may affect brain function.  Loss of consciousness is not required for a concussion to occur.
• Head Injury: Any injury to the scalp, skull, or brain, including concussions that may result from impact, fall, or other trauma.
• Suspected Concussion: A situation in which a student exhibits signs, symptoms, or behaviors consistent with concussion following a head impact or other traumatic event.
• Return-to-learn: A gradual process of resuming academic activities with appropriate accommodations following a concussion or head injury.
• Return-to-play: A stepwise process of resuming physical activity or athletics after a concussion or head injury, only after medical clearance.

III. Prevention and Training

ENCSD shall:

• Provide age-appropriate concussion education to students participating in physical activities
• Provide training to staff, coaches, and residential personnel on concussion recognition and response
• Promote safe practices during physical education, athletics, and recreational activities
• Ensure that safety information is communicated in accessible formats
•  

IV. School Safety Planning and Prevention

ENCSD shall implement comprehensive school safety measures, including but not limited to:

• Development and maintenance of emergency response plans
• Use of threat assessment processes to address potential risks
• Coordination with law enforcement, emergency management, and public health officials
• Appropriate supervision and monitoring of school and residential facilities
• Ongoing evaluation of safety practices and procedures

V. Identification and Immediate Response

Any student who is suspected of sustaining a concussion or head injury shall:

• Be removed immediately from physical activity
• Receive prompt evaluation by appropriate school personnel
• Not return to physical activity on the same day the injury is suspected

Parents or guardians shall be notified as soon as practicable using accessible communication methods.

VI. Medical Evaluation and Documentation

A student with a suspected or diagnosed concussion or head injury shall be evaluated by a licensed health care provider.  Written medical clearance shall be required before the student may return to physical activity.  ENCSD shall maintain appropriate documentation in accordance with applicable laws and policies.

VII. Academic and Residential Accommodations

ENCSD shall provide reasonable academic adjustments and supports during recovery, which may include modified workloads, extended time, rest periods, or alternative instructional methods.

For students in the Residential Program, ENCSD shall:

• Monitor symptoms during non-instructional hours
• Adjust residential activities as needed
• Ensure residential staff are informed of restrictions and accommodations

VIII. Return-to Learn and Return-to-Play

A student’s return to academic and physical activities shall follow a gradual, stepwise process consistent with medical guidance.  Decisions shall be individualized and based on symptom resolution and medical clearance.

IX. Accessibility and Communication

All concussion-related education, reporting, and recovery processes shall be accessible in Deaf and hard of hearing students and families.  ENCSD shall provide reasonable accommodations, including visual explanations, captioned materials, and ASL interpretation when appropriate, to ensure understanding and compliance.

Legal References

• G.S. 115C-12(23), Duties of the State Board of Education – Student Health and Safety
• G.S. 115C-47, Powers and Duties of Local Boards of Education
• G.S. 115C-150.6, Educational Services for Students Who Are Deaf or Hard of Hearing
• G.S. 130A, Public Health
• North Carolina State Board of Education Policy HRS-A-004, Student Health Services
• North Carolina Department of Public Instruction guidelines on concussion management

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, respectful, and inclusive educational and work environment for all students, staff, and members of the school community. Discrimination, harassment, and bullying based on any protected status are strictly prohibited.  This policy applies to all school programs, activities, and employment practices, both on and off campus, and affirms equal opportunity and access for all students and staff. ENCSD will not tolerate any unlawful or inappropriate conduct that interferes with a student’s ability to learn or a staff member’s ability to work.

This policy is established to comply with all applicable federal and state laws, including but not limited to:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.; 34 C.F.R. Part 100) – Prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance.

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.’ 34 C.F.R. Part 106) – Prohibits discrimination based on sex in education programs and activities receiving federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 (26 U.S.C. § 794; 34 C.F.R. Part 104) – Prohibits discrimination based on disability.

Americans with Disabilities Act (ADA; 42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 35) – Prohibits discrimination based on disability.

Individuals with Disabilities Education Act (IDEA; 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300) – Ensures special education and related services for eligible children with disabilities.

Family Educational Rights and Privacy Act (FERPA; 20 U.S.C. § 1232g; 34 C.F.R. Part 99) – Protects the privacy of student education records.

NC General Statues §§ 115C-407.15 – 407.18 (School Violence Protection Act) – Prohibits bullying and harassing behavior in public schools.

NC General Statutes § 126.14.6 – Ensures dignity and nondiscrimination in state workplaces

NC Constitution, Article I, Section 1: Guarantees equality and rights of all persons.

II. Definitions

• Discrimination:
  Any act or failure to act that unreasonably and unlawfully differentiates treatment of a person based on race, color, national origin (as prohibited by Title VI), sex (as prohibited by Title IX), gender identity or expression, sexual orientation, pregnancy, religion, age, disability (as prohibited by Section 504 and ADA), or other protected class under law.
• Harassment:
  Unwelcome conduct—verbal, nonverbal, or physical—based on a protected class that creates a hostile or intimidating environment and interferes with a person’s ability to learn or work, as addressed under Title VI, Title IX, Section 504, and ADA.
• Bullying:
  Repeated conduct intended to intimidate, ridicule, humiliate, or cause harm. This includes cyberbullying and may be verbal, physical, emotional, or psychological. Prohibited under NC General Statutes §§ 115C-407.15–407.18.
• Sexual Harassment:
  Unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that affects access to education or employment, as defined under Title IX (34 C.F.R. § 106.30).
• Hostile Environment:
  A situation where harassment is severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive environment, as defined in federal regulations (e.g., 34 C.F.R. § 106.30 for Title IX).

III. Prohibited Conduct

The following conduct is strictly prohibited:

1. Discrimination against students or employees based on race, color, religion.
2. Discrimination against students or employees based on race, color, or national origin, as prohibited by Title VI of the Civil Rights Act of 1964.
3. Discrimination against students or employees based on sex (including sexual orientation, gender identity, and gender expression), as prohibited by Title IX of the Education Amendments of 1972.
4. Discrimination based on disability, as prohibited by Section 504 of the Rehabilitation Act of 1973 and the ADA.
5. Harassment that creates a hostile educational or work environment, as defined by federal and state law.
6. Bullying and Cyberbullying of any student or staff member by any individual, including but not limited to students, employees, volunteers, or third parties, as prohibited by NC General Statutes §§ 115C-407.15–407.18.
7. Retaliation against any individual who reports, files a complaint, or participates in an investigation of discrimination, harassment, or bullying, as prohibited by all referenced federal and state laws.

IV. Reporting Procedures

A. For Students

• Students are encouraged to report concerns to any staff member or directly to the school Social Worker, Principal.
• Reports may be made orally or in writing, including anonymously, as permitted under Title IX and Title VI regulations.
• School personnel who receive a report are required to notify the school Social Worker or designee immediately.

B. For Employees

• Employees must report incidents of discrimination, harassment, or bullying to their immediate supervisor, the Human Resources Manager, or the Superintendent.
• Reports involving students must also be shared with the School Social Worker.
• Contact Information for Coordinator:

  • Title IX Coordinator: 

    Cheryl Iannucci – ENCSD Superintendent

    Telephone number: 252-206-7342 

    Email: cheryl.iannucci@encsd.k12.nc.us

    Address: Eastern North Carolina School for the Deaf

                    1311 US-301S

    Wilson, NC 27893

• Contact information must be posted on the ENCSD website and in handbooks, as required by 34 C.F.R. § 106.8 (Title IX) and 34 C.F.R. § 104.7 (Section 504).
• ENCSD will accept and investigate reports made in any language or communication mode accessible to the reporter, including American Sign Language.

V. Investigation

ENCSD will investigate all allegations of discrimination, harassment, or bullying promptly, impartially, and thoroughly in accordance with federal and state law.

1. Interim Measures: May be taken to protect the complainant during the investigation, as required under Title IX (34 C.F.R. § 106.44).
2. Confidentiality: Will be maintained to the extent possible under law, including FERPA and Title IX.
3. Documentation: Findings will be documented, and corrective action will be taken where appropriate.  ENCSD will provide written notice of the outcome of the investigation to all parties, consistent with FERPA and other privacy laws.
4. Title IX Compliance: For Title IX complaints, procedures will comply with the Title IX grievance process requirements (34 C.F.R. § 106.45), regardless of law enforcement involvement.

VI. Disciplinary Action

Disciplinary actions will be implemented in accordance with due process rights and applicable ENCSD grievance procedures.  If a violation of this policy is found, ENCSD will take appropriate corrective action, which may include:

• Counseling or training
• Reassignment or suspension
• Termination or expulsion
• Referral to law enforcement when required by law

VII. Protection Against Retaliation

Retaliation against anyone who, in good faith, reports or participates in an investigation of prohibited conduct is strictly prohibited. Any act of retaliation will result in disciplinary action, as required by Title VI (34 C.F.R. § 100.7(e)), Title IX (34 C.F.R. § 106.71), Section 504, and state law.

VIII. Notification and Training

ENCSD will:

1. Annually distribute this policy to students, parents, and staff, and post it on the school website, as required by Title IX (34 C.F.R. § 106.8).
2. Provide annual training to staff on this policy, including specific examples of prohibited behaviors and how to recognize, prevent, and respond to discrimination, harassment, and bullying, as required by Title IX and Section 504.  All training will be accessible to all staff, including those with disabilities.
3. Offer age-appropriate education to students on bullying prevention and respectful behavior.  All training will be accessible to all students, including those with disabilities.
4. Ensure all students, parents, and staff are informed of how to file complaints and access grievance procedures.

IX. Title IX and Title VI Compliance

Title VI Compliance:
ENCSD complies fully with Title VI of the Civil Rights Act of 1964, which states:

“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (42 U.S.C. § 2000d; 34 C.F.R. § 100.3)

Title IX Compliance:
ENCSD complies fully with Title IX of the Education Amendments of 1972, which states:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” (20 U.S.C. § 1681(a); 34 C.F.R. § 106.31)

The Office for Civil Rights (OCR) of the U.S. Department of Education enforces both Title VI and Title IX. All allegations of discrimination covered by these laws will be investigated promptly and addressed according to the procedures in this policy.

X. Grievance Procedures

Grievance procedures are available for any individual who wishes to contest the outcome of an investigation or raise concerns about the application of this policy. These procedures are outlined in the ENCSD Student/Family Handbook and Staff Handbook and are available at www.encsd.net, as required by Title IX (34 C.F.R. § 106.8) and Section 504 (34 C.F.R. § 104.7).

XI. Legal References

• Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; 34 C.F.R. Part 100
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; 34 C.F.R. Part 104
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 35
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99
• NC General Statutes §§ 115C-407.15–407.18 (School Violence Prevention Act)
• NC General Statutes § 126-14.6
• NC Constitution, Article I, Section 1
• NC DPI Policy Manual and Reporting Procedures

At this time, all ENCSD students with disabilities are served under the Individuals with Disabilities Education Act (IDEA) and have Individualized Education Programs (IEPs). However, this policy references Section 504 of the Rehabilitation Act of 1973 to ensure compliance with all federal nondiscrimination requirements, as students with IEPs are also protected under Section 504. This policy will continue to apply to any future students who may be eligible under Section 504 only.

Purpose

ENCSD wants to create a fair and respectful workplace.  We believe all employees should feel heard and be treated fairly.  ENCSD prohibits discrimination based on disability and provides accessible grievance procedures per the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

Definitions

• Disability: Physical or mental impairment substantially limiting major life activities
• Reasonable Accommodation: Workplace modifications enabling disabled employees to perform essential job functions.
• Grievance: Formal complaint about employment conditions, discrimination, or policy violations
• Non-Retaliation: Protection against adverse actions for filing good-faith complaints
• Confidentiality: Limited information sharing during investigations

I.  This Policy Covers

This policy applies to all ENCSD employees:

• Permanent (full-time or part-time)
• Probationary/temporary
• Contracted (if covered by ENCSD terms)

This policy does not cover students or parents/guardians. They have different ways to share concerns.

II. What You Can Report

You may file a grievance about:

• Disability discrimination
• Denial of reasonable accommodations
• Harassment/bullying (ENCSD Policy 1710/4021/7230)
• Unsafe working conditions
• Violations of ADA/Section 504

III. Grievance Process

Step 1 - Informal Resolution

• Discuss concern with your supervisor within 15 working days of the incident.
• Your supervisor must document discussion and attempt resolution

Step 2 - Formal Written Grievance

• Submit to HR within 10 working days if unresolved
• Include the following in your written grievance:
  • Nature of discrimination
  • Requested accommodation (if applicable)
  • Relevant Evidence

Step 3 – HR Investigation

• HR schedules a meeting within 5 working days
  • ADA Accommodation Available: Request interpreter
• Confidential investigation completed within 30 days
• Written decision provided within 10 days post-investigation

Step 4 – Appeal

• File written appeal to Superintendent within 10 days of decision
• Final ruling within 15 working days

IV. Critical Protections

Non-Retaliation Clause – No employee shall face retaliation for good-faith grievance participation.  Violators will be subject to disciplinary action under ENCSD policy 1760/7280.

Confidentiality – All proceedings will be kept confidential except as required by law or operational necessity.

Accessibility – Communication accommodations will be provided to you throughout the process upon request.

V. Supervisor Responsibilities

1. Document all disability accommodation requests
2. Ensure immediate HR referral for discrimination complaints
3. Enforce non-retaliation compliance

VI. Recordkeeping

• Grievance records are retained per:
  • NC Department of Natural and Cultural Resources
  • OSHR Policy 1
  • ADA documentation requirements

Legal References

• Americans with Disabilities Act (42 U.S.C. § 12101)
• Section 504, Rehabilitation Act (29 U.S.C. § 794)
• NC General Statutes § 168A (Persons with Disabilities Protection Act)
• OSHR Policy 1 (Equal Employment Opportunity)

Title IX Grievance Form

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is a federal law that prohibits discrimination based on the gender of students and employees of educational institutions which receive federal financial assistance.  UCA Board Policy No. 426, Title IX Sexual Harassment, prohibits sexual discrimination in the form of sexual harassment, sexual assault, stalking, domestic violence, dating violence, and unauthorized distribution of sexual images or recordings. 

This form complies with US Department of Education requirements, but it is not the only way in which an individual may submit a formal complaint.  The formal complaint must be in writing, and signed by the Complainant, but can be in any form.  If there is a procedural deficiency with any formal complaint form, the Title IX Coordinator will notify the Complainant of the deficiency and allow the correction of the formal complaint prior to filing.  

When this form has been completed and signed by you, and then signed by the Title IX Coordinator, your complaint has been properly received and noted by ENCSD. The Title IX Coordinator will provide you with a copy of this form as well as complete information about the Title IX complaint process.

Overview of the Title IX Grievance Process

1. Filing a Formal Complaint
   • Any student, employee, or applicant who believes they have experienced sexual harassment or sex-based discrimination may file a formal complaint.
   • The complaint must be submitted in writing (using the attached form or in another written format) to the Title IX Coordinator, either in person, by mail, or by email.
   • A parent/guardian may file on behalf of a minor student.
   • The Title IX Coordinator may also sign a formal complaint if necessary to protect the school community.
2. Notice of Allegations
   • Upon receipt of a formal complaint, both the complainant and respondent will receive written notice of:
     • The allegations (including the identities of the parties, the conduct alleged, and the date/location of the incident)
     • The grievance process and their rights (including the right to an advisor)
     • The presumption of non-responsibility until the process concludes
     • The opportunity to review and respond to evidence.
3. Investigation
   • An impartial investigator will conduct a thorough investigation, including interviews and evidence collection.
   • Both parties may present evidence and identify witnesses.
   • Both parties will have equal opportunity to inspect and review all evidence directly related to the complaint before the investigation concludes.
4. Review of Investigation Report
   • Both parties receive a draft investigation report and have at least 10 business days to review and respond in writing.
5. Live Hearing (if required)
   • ENCSD will conduct a live hearing for student or employee cases, where each party’s advisor may cross-examine the other party and witnesses.  A parent/legal guardian may attend with the student.  Interpreters will be made available for all parties involved in the investigation as required by the ADA.
   • The decision-maker will not rely on statements from any party or witness who does not submit to cross-examination.
6. Determination of Responsibility
   • After the hearing, the decision-maker issues a written determination regarding responsibility, including findings of fact, conclusions, rationale, and any disciplinary sanctions or remedies.
   • Both parties receive the written determination.
7. Appeal
   • Either party may appeal the determination or dismissal of a complaint on specific grounds (procedural irregularity, new evidence, or conflict of interest).
   • Appeals must be submitted in writing within five business days of receiving the determination.
8. Final Resolution
   • The appeal decision is final. Both parties are notified in writing of the outcome.
9. Recordkeeping
   • ENCSD will maintain records of each complaint, investigation, hearing, determination, appeal, and any supportive measures for at least seven years, as required by law.

Title IX Grievance Form

Instructions:
Complete and submit this form to the ENCSD Title IX Coordinator in person, by mail, or by email. 

Cheryl Iannucci – ENCSD Superintendent

Telephone number: 252-206-7342

Email: cheryl.iannucci@encsd.k12.nc.us

Address: Eastern North Carolina School for the Deaf

1311 US-301S

Wilson, NC 27893

A parent/guardian may file on behalf of a minor.
(Alternatively, a written statement containing the same information may be submitted.)

My current status at Eastern North Carolina School for the Deaf:

☐ Student      ☐ Staff Member       ☐ Other

Type of Title IX Sexual Harassment:

☐ Sexual Harassment         ☐ Sexual Assault     ☐ Domestic Violence

☐ Stalking     ☐ Unauthorized Distribution of Sexual Images or Recordings

☐ Other: 

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing an educational and working environment free from discrimination, harassment, and retaliation based on sex, in compliance with all applicable federal and state laws.  ENCSD affirms that all students, employees, applicants, volunteers, and parents/guardians have the right to participate in school programs and activities free from sex discrimination, including sexual harassment, sexual violence, and gender-based misconduct.  This policy sets forth ENCSD’s procedures for preventing, reporting, investigating, and addressing prohibited conduct under Title IX.

Scope

This policy applies to:

• All students enrolled at ENCSD
• All ENCSD employees, including state employees and contracted service providers
• Applicants for employment
• Parents/Guardians and visitors
• Volunteers
• Participants in any ENCSD program or activity, including off-campus and school-sponsored events.

This policy applies to conduct occurring:

• On ENCSD property
• At ENCSD-sponsored events or activities
• During remote learning
• Off-campus when the conduct has continuing effects within the school environment, consistent with Title IX jurisdictional rules

Statement of Non-Discrimination

ENCSD does not discriminate on the basis of sex, including pregnancy, sexual orientation, gender identity, gender expression, parental status, or marital status, in any educational program, activity, or employment practice.

ENCSD will provide reasonable accommodations as required under the ADA, Section 504, and state accessibility requirements to ensure full participation of individuals with disabilities in the Title IX process, including interpreters, visual supports, translated materials, and other communication access resources.

Definitions

• Sex Discrimination: Unequal treatment or denial of benefits based on a person’s sex, gender, gender identity, sexual orientation, pregnancy, or related conditions.
• Sexual Harassment (Title IX): Conduct on the basis of sex that meets one or more of the following:
  1. A school employee conditioning a school aid, benefit, or service on participation in unwelcome sexual conduct (quid pro quo).
  2. Unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a school program or activity.
  3. Sexual assault, dating violence, domestic violence, or stalking as defined by federal law.
• Sexual Assault: Any non-consensual sexual act as defined under the Clery Act and federal criminal code.
• Consent: A clear voluntary agreement to participate in specific sexual activity.
  1. Silence or lack of resistance does not equal consent.
  2. Consent can be withdrawn at any time.
• Complainant: A person who is alleged to be the victim of conduct that may constitute sex discrimination or sexual harassment.
• Respondent: A person who is reported to have engaged in prohibited conduct.
• Title IX Coordinator: The official responsible for overseeing compliance with Title IX, including investigations, supportive measures, and training.
• Supportive Measures: Non-disciplinary, non-punitive services offered to the complainant or respondent to restore equal access to school programs (examples: schedule adjustments, counseling, interpreter support, safety planning).
• Retaliation: Any intimidation, threat, or adverse action taken against a person because they reported discrimination, participated in a Title IX process, or refused to participate.

I.  Title IX Coordinator

ENCSD shall designate a Title IX Coordinator who is trained in Title IX requirements, investigation processes, trauma-informed practices, disability rights, and accessibility for deaf and hard of hearing individuals.

The coordinator’s contact information will be:

• Posted on the ENCSD website
• Included in handbooks
• Delivered in accessible formats

II. Reporting and Complaints

1. How to Report

Any person may report Title IX violations including:

• In person
• By email
• By phone
• By video message
• By text message
• Directly to the Title IX Coordinator, any administrator, or any trusted staff member

Reports may be made at any time, including outside school hours.

2. Mandatory Reporting for Staff

All ENCSD employees are mandatory reporters and must report any known or suspected sexual harassment or sex discrimination immediately to the Title IX Coordinator.

3. Confidential Resources

ENCSD will provide access to counseling and support in a confidential manner consistent with state and federal law.

III. Response to Reports

Upon receiving a report, ENCSD will:

1. Respond promptly and in a manner that is not deliberately indifferent.
2. Offer supportive measures to all parties.
3. Explain the formal complaint process in an accessible format and language.
4. Ensure accommodations under the ADA and Section 504, including interpreters, visual materials, and sensory-appropriate meeting formats.

IV. Formal Complaint and Investigation Process

1. Filing a Formal Complaint

A complainant may file a written or signed digital complaint.  If the complaint is a student, employee, parent/guardian, or third party, the Title IX Coordinator may also sign a formal complaint when necessary for community safety.

2. Investigation Requirements
   • Investigations will be prompt, thorough, and impartial.
   • Both parties will receive equal access to evidence.
   • Meetings and interviews will be conducted with needed ASL/communication access services.
   • The investigator will be trained in Title IX, disability rights, and deaf education contexts.
3. Determination

A decision-maker (not the investigator) will issue a written determination, delivered in accessible formats.

4. Appeals

Both parties have the right to appeal on established Title IX grounds.

V. Retaliation Prohibited

ENCSD strictly prohibits retaliation against anyone who makes a report, participates in a Title IX process, or supports a participant.

Any retaliatory behavior will result in disciplinary action consistent with NC OSHR and ENSD policies.

VI. Training and Notification

ENCSD will provide annual training to:

• All staff
• Administrators
• Investigators
• Interpreters involved in Title IX matters
• Students (age-appropriate)

Training will include:

• Title IX responsibilities
• Reporting procedures
• ADA/Section 504 accommodations
• Trauma-informed communication
• Accessibility for deaf and hard of hearing individuals
• Confidentiality and FERPA requirements

Training materials will be posted publicly as required by law.

VII. Records and Documentation

ENCSD will maintain all Title IX records as required by the NC Functional Schedule, including:

• Reports
• Supportive measures
• Investigations
• Determinations
• Appeals
• Training materials
• ADA accommodations provided

Records will be stored consistent with NC Functional Schedules and FERPA protections.

VIII. Policy Review

This policy will be reviewed at least annually or more frequently if federal or state regulations change, including updates released by NCDPI, NC OSHR, and the US Department of Education.

Legal References

• Title IX (20 U.S.C. § 1681)
• Title VI of the Civil Rights Act
• ADA (Titles I & II)
• Section 504
• IDEA
• FERPA
• Violence Against Women Act (VAWA)
• NC General Statutes Chapter 115C
• NCDPI Title IX and Civil Rights Guidance
• NC OSHR Employment Policies

NC DOA Statewide Discrimination/Harassment Policies

I. Purpose

ENCSD is committed to maintaining a safe, respectful, and inclusive environment free from sex-based discrimination—including sexual harassment and violence—in all school programs and activities. This policy outlines prohibited behaviors and the procedures for reporting and responding to Title IX complaints in compliance with:

• Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)
• 34 C.F.R. Part 106
• NCDPI Title IX regulatory guidance

ENCSD will respond promptly to all known or suspected instances of sexual harassment or discrimination.

II. Definitions

• Complainant: An individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment.
• Respondent: The individual reported to be the perpetrator of such conduct.
• Title IX Sexual Harassment includes:
  1. Quid pro quo harassment: conditioning educational benefits on sexual acts.
  2. Hostile environment: unwelcome conduct, based on sex, so severe, pervasive, and objectively offensive that it limits participation in school programs or employment. 
  3. VAWA Offenses: sexual assault, dating/domestic violence, and stalking.
• Supportive Measures: Non-disciplinary, non-punitive assistance offered to Complainants or Respondents, such as counseling, schedule changes, or no-contact orders.
• Formal Complaint: A document filed by a Complainant or Title IX Coordinator initiating a grievance process.
• Actual Knowledge: When any employee or school official learns of possible Title IX harassment.

III. Scope

This policy applies to:

• All ENCSD programs and activities, on or off campus, including boarding.
• All students, staff, volunteers, and third parties.
• All employees—both licensed and classified—are mandatory reporters.

IV. Prohibited Conduct

ENCSD prohibits:

1. Quid pro quo harassment by school employees.
2. Creation of a hostile environment through persistent, unwelcome, sex-based conduct.
3. VAWA offenses: sexual assault, dating violence, domestic violence, stalking.
4. Retaliation against anyone exercising rights or participating in investigations.

V. Reporting Requirements

• Who must report: All employees and school officials with actual knowledge.
• How to report:
  • Contact the Title IX Coordinator verbally or in writing.
  • Use school email, phone, or designated reporting form.
• Initial actions:
  • Title IX Coordinator offers Supportive Measures within 3 school days of notice.
  • If a Formal Complaint is filed, initiate a Title IX formal grievance process.
• No confidentiality guarantee— Equity and safety require disclosure to appropriate staff.

VI. Grievance Process Overview

Following a Formal Complaint, ENCSD will:

1. Determine if the complaint falls under Title IX criteria.
2. Provide Written Notice to both parties.
3. Offer opportunity for informal resolution, if appropriate and chosen by both parties.
4. Conduct a prompt, impartial investigation by trained personnel.
5. Issue a written determination, based on a preponderance of evidence.
6. Inform parties of appeals rights and process limitations.

This process follows NCDPI’s Title IX procedural guidance.

VII. Supportive Measures

Available to both Complainants and Respondents, such as:

• Class or housing reassignment
• No-contact directives
• Counseling referrals
• Academic or workplace adjustments

These are offered regardless of whether the Formal Complaint proceeds.

VIII. Retaliation

ENCSD strictly prohibits retaliation against anyone who reports or participates in a Title IX process. Reporting retaliation should be directed to the Title IX Coordinator or HR.

IX. Training & Notice

• Staff receive annual training on definitions, policy, and reporting obligations.
• Title IX Coordinators and investigators are trained annually on investigative procedures. 
• Policy, Coordinators’ contact info, and process details are posted on ENCSD’s website and staff/student handbooks.

X. Recordkeeping

• Maintain all documentation—reports, communications, investigation records, remedies—for at least 7 years as required by federal regulation. 

XI. Confidentiality

ENCSD will protect privacy to the best extent possible, sharing information only with those needing to know to manage the complaint and provide remedies.

Legal References

• Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681)
• 34 C.F.R. Part 106
• Violence Against Women Act (VAWA)
• Title VII Civil Rights Act
• NACPS Stds. for Non-Discrimination core-docs.s3.us-east-1.amazonaws.comocrcas.ed.gov+1ed.gov+1ncpschools.net
• NCDPI Title IX Guidance
• DASH: Davis v. Monroe County (student-on-student liability) ednc.org+2dpi.nc.gov+2southernequality.org+2
• ENCSD Policies: 1710/4020/7230, 7300, 7310, 7340, 7510

XIV. Annual Acknowledgement

All staff must review this policy annually and sign an acknowledgment. Records of compliance are kept in HR records.

Purpose

ENCSD is committed to providing a safe, orderly, and supportive learning and living environment for all students, staff, and visitors.  The purpose of this policy is to establish expectations for school safety, emergency preparedness, and injury and violence prevention across all ENCSD programs, including instructional, residential, and extracurricular settings.

ENCSD shall take reasonable and appropriate measures to prevent and respond to safety risks, emergencies, injuries, and threats to individuals or property.  Safety planning and implementation shall account for the unique communication and access needs of Deaf and hard of hearing students and staff and shall include the Residential Program as an integral part of the school community.

I. Scope

This policy applies to:

• All ENCSD students, including those participating in the Residential Program
• All employees, including instructional, residential, administrative, and support staff
• Volunteers, contractors, and visitors while on ENCSD property or participating in ENCSD-sponsored activities
• All ENCSD facilities, vehicles, programs, and activities, whether conducted on or off campus

II. Definitions

For the purposes of this policy, the following definitions apply:

• Emergency Response Plan: A written plan outlining procedures for prevention, preparedness, response, and recovery from emergencies, including drills and coordination with emergency responders.
• Threat Assessment Team: A multidisciplinary team established to identify, assess, and manage potential threats to school safety in accordance with applicable laws and State Board of Education guidance.

III. Responsibilities

Board of Trustees

The Board of Trustees shall:

• Adopt policies that promote safe and orderly school environments
• Ensure compliance with applicable safety-related laws and regulations
• Support administrative efforts to maintain effective school safety programs

Superintendent

The Superintendent or designee shall:

• Develop and implement procedures consistent with this policy
• Ensure school safety and emergency response plans are established, reviewed, and updated
• Coordinate with local emergency responders and state agencies as required
• Ensure training is provided to all staff

Principal

The school principal shall:

• Enforce safety rules and procedures
• Support the operation of threat assessment teams
• Ensure emergency drills are conducted as required
• Communicate safety expectations in accessible formats

Employees

All ENCSD employees shall:

• Follow established safety and emergency procedures
• Report safety concerns, threats, or incidents promptly
• Provide appropriate supervision to students, including during residential hours

Students

Students shall:

• Follow safety rules and instructions
• Participate appropriately in safety drills
• Report safety concerns or threats to staff

IV. School Safety Planning and Prevention

ENCSD shall implement comprehensive school safety measures, including but not limited to:

• Development and maintenance of emergency response plans
• Use of threat assessment processes to address potential risks
• Coordination with law enforcement, emergency management, and public health officials
• Appropriate supervision and monitoring of school and residential facilities
• Ongoing evaluation of safety practices and procedures

V. Residential Program Safety

The Residential Program shall be fully integrated into ENCSD’s school safety planning.  Safety measures shall include:

• Emergency response procedures specific to residential facilities
• Training for residential staff on supervision, emergency response, and student safety
• Accessible safety communication during non-instructional hours
• Regular drills and reviews appropriate to the residential setting

VI. Accessibility and Communication

All safety-related plans, drills, training, and communications shall be accessible to Deaf and hard of hearing stakeholders.  ENCSD shall provide reasonable accommodations, including visual alarms, captioned or visual materials, and ASL interpretation when appropriate, to ensure effective communication before, during, and after emergencies.

Legal References

• 29 C.F.R. Part 1904, Recording and Reporting Occupational Injuries and Illnesses
• G.S. 14-208.18, Bomb Threats on School Property
• G.S. 95-129, North Carolina Occupational Safety and Health Act
• G.S. 115C-36; 115C-47; 115C-105.49; 115C-105.51; 115C-105.53; 115C-105.54; 115C-166; 115C-167; 115C-288; 115C-289.1; 115C-307; 115C-390.3; 115C-391.1; 115C-521; 115C-524; 115C-525
• 13 NCAC 7A .0301
• 16 NCAC 6E .0107
• North Carolina State Board of Education Policy SCFC-005, School Crisis and Emergency Response Planning

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

Purpose

ENCSD recognizes that maintaining a safe and healthy environment for students, employees, and visitors is essential to the mission of the school.  This policy establishes expectations and procedures for injury loss prevention, reporting, and response in order to reduce the frequency and severity of injuries, protect school property, and promote a culture of safety across all instructional, residential, and operational programs.

ENCSD is committed to providing a safe environment for all stakeholders, including students, staff, and visitors.  ENCSD shall implement proactive injury prevention strategies, maintain appropriate supervision, and ensure timely reporting and investigation of injuries and losses.  Safety practices shall be communicated in accessible formats to ensure full understanding by all.

I. Scope

This policy applies to:

• All ENCSD students, including those participating in the Residential Program
• All employees, including instructional, residential, administrative, and support staff
• Volunteers, contractors, and visitors while on ENCSD property or participating in ENCSD-sponsored activities
• All ENCSD facilities, vehicles, programs, and activities, whether conducted on or off campus

II. Definitions

For the purposes of this policy, the following definitions apply:

• Injury: Any physical harm, illness, or medical condition sustained by a student, employee, or visitor during ENCSD activities or while on ENCSD property that requires first aid, medical evaluation, treatment, or results in restricted activity, lost instructional time, or lost work time.
• Loss: Damage to, destruction of, or theft of ENCSD property, equipment, or facilities, including losses resulting from accidents, unsafe conditions, vandalism, or natural events.
• Injury Loss Prevention: Proactive measures, practices, and procedures designed to identify hazards, reduce risk, and prevent injuries to individuals and damage or loss of property.
• Hazard: Any condition, practice, or situation that has the potential to cause injury, illness, or property loss if not corrected.
• Incident/Accident Report: A written or electronic report completed in accordance with ENCSD procedures to document injuries, losses, near-misses, or unsafe conditions.

III. Responsibilities

Board of Trustees

The Board of Trustees shall:

• Adopt policies that promote injury loss prevention and school safety
• Ensure compliance with applicable laws and regulations
• Support administrative efforts to maintain safe instructional and residential environments

Superintendent

The Superintendent or designee shall:

• Establish and oversee procedures to implement this policy
• Ensure appropriate training for employees
• Monitor injury and loss data to identify trends and areas for improvement
• Coordinate with state agencies, insurers, and other entities as required

Principal

The school principal shall:

• Enforce safety rules and procedures
• Ensure hazards are promptly reported and addressed
• Maintain accessible communication regarding safety expectations
• Support injury reporting, investigation, and corrective actions

Employees

All ENCSD employees shall:

• Follow established safety rules and procedures
• Immediately report injuries, unsafe conditions, or losses
• Participate in required safety training
• Provide appropriate supervision to students, including in residential settings

Students

Students shall:

• Follow safety rules and instructions
• Report unsafe conditions or injuries to staff
• Act in a manner that supports a safe school and residential environment

IV. Injury Prevention and Safety Practices

ENCSD shall implement reasonable and appropriate measures to prevent injuries and losses, including but not limited to:

• Routine safety instructional, residential, and support facilities
• Maintenance of equipment and facilities in safe working conditions
• Clear safety signage using visual supports, plain language, and where appropriate, American Sign Language (ASL)-accessible resources
• Supervision plans appropriate to the age and needs of students, including residential supervision outside of instructional hours
• Emergency preparedness and response planning

V. Residential Program Considerations

Recognizing the unique nature of the Residential Program, ENCSD shall:

• Provide training specific to residential safety, supervision, and injury prevention
• Establish clear procedures for monitoring student well-being during non-instructional hours
• Ensure residential facilities meet applicable safety, health, and fire codes
• Communicate residential safety expectations to students and families in accessible formats

VI. Injury and Loss Reporting

All injuries and losses shall be reported promptly in accordance with ENCSD procedures.  Reporting shall include:

• Timely notification to appropriate administrators
• Completion of required incident or accident reports
• Communication with parents/guardians when a student is injured, using accessible methods as needed

Employees shall cooperate fully in any investigation related to injuries or losses.

VII. Investigation and Corrective Action

ENCSD shall investigate reported injuries and losses to:

• Determine contributing factors
• Identify corrective actions to prevent recurrence
• Implement reasonable safety improvements

Findings may be used for training and prevention purposes and shall not be used to assign fault beyond what is necessary for corrective action.

VIII. Accessibility and Communication

All safety-related information, training, and reporting processes shall be accessible to our Deaf and hard of hearing stakeholders.  ENCSD shall provide reasonable accommodations, including visual alerts, captioned materials, and ASL interpretation when appropriate, to ensure effective communication and understanding.

IX. Legal Compliance

This policy shall be implemented in compliance with applicable federal and state laws, including but not limited to workers' compensation requirements, occupational safety regulations, and North Carolina State Board of Education policies.

Legal References

• 29 C.F.R. Part 1910 — Federal Occupational Safety and Health Standards (OSHA) 
• 13 NCAC 07F .0101 — North Carolina Occupational Safety and Health Standards 
• NC State Board of Education Policy TCS-Q-003 / INSR-003 — Local Safety and Loss Prevention Program Requirements 
• NC General Statutes Chapter 115C — Public School Laws
• NC General Statutes Chapter 97 — Workers’ Compensation
• Applicable fire, health, and building codes

This policy shall be reviewed and updated periodically to ensure continued compliance with all applicable laws, regulations, and best practices for serving deaf and hard of hearing students.

1. Purpose

To provide a safe, accessible, and positive educational environment that is free from weapons and explosives, in strict compliance with North Carolina law, federal requirements (including the Gun-Free Schools Act and the ADA), and NCDPI guidance.

2. Definitions

• Weapons: Any firearm (including guns, rifles, pistols), BB gun, air gun, stun gun, bowie knife, dirk, dagger, slingshot, switchblade, leaded cane, blackjacks, metallic knuckles, razors (except those solely for shaving), or other devices intended for or capable of inflicting serious harm,  This includes any sharp-pointed or edged instrument except for unaltered nail files/clips and tools used solely for food preparation, instruction, or maintenance.  Personal defense sprays (e.g., pepper spray, mace) are considered.
• Explosive: Any device or material capable of causing an explosion, including but not limited to dynamite, bombs, grenades, blasting caps, mines, powders, fireworks, or other powerful explosive substances as defined in G.S. 14-2841.1 and federal statutes.
• School Property: Any ENCSD building, bus, campus, recreational area, athletic field, or other property owned, used, or operated by the school, including sites of curricular or extracurricular activities.

3. Prohibition

• All weapons are prohibited on school property, including firearms with a permit, at any school-sponsored event (curricular or extracurricular).
• Simulated weapons, look-alike explosives, or items intended to cause a disturbance or alarm are also prohibited. 
• Any knowledge or suspicion of a weapon or explosive on campus should be reported immediately to school administration or law enforcement as required by law.

4. Exclusions

• This policy does not prohibit the lawful possession of an assistive device required by student’s IEP plan, unless the device is a weapon or explosive.
• Temporary exceptions for instructional purposes (e.g., tool for a supervised class project) may be granted only with the written approval of the Principal and must be in strict compliance with all safety protocols, under direct adult supervision.
• This policy does not interfere with law enforcement officers acting in an official capacity.

5. ADA Considerations

• For the safety and equitable treatment of all deaf and hard of hearing students, all emergency warnings related to weapons or explosives will include visual alarms (text messages) as required by ADA and Section 504 (ADAAG § 4.1.3(14), §4.28)
• Any disciplinary process will include accessible communication methods (e.g., interpreters, captioning, plain-language notices) to ensure that students and families with hearing loss fully understand proceedings and their rights under the law.
• Accommodations will never require or allow possession or simulation of weapons or explosives for any student.

6. Consequences

• Any person in violation of this policy is subject to disciplinary action, up to and including expulsion for students, or termination/dismissal for employees, as well as referral to law enforcement as require by the Gun-Free Schools Act and North Carolina statutes.
• Confiscation of the weapon or explosive and immediate removal from campus will occur.

7. Notification, Training, and Review

• This policy will be distributed annually; staff and students will receive training regarding prohibited items, emergency procedures accessible to all, and reporting requirements in accordance with ADA effective communication standards.
• The policy will be reviewed yearly by ENCSD administration for continued alignment with legal requirements and best practices.

8. Legal References

• North Carolina General Statutes §§ 14-269.2, 14-284.1
• Gun-Free Schools Act of 1994, 20 U.S.C. § 7151
• Americans with Disabilities Act (ADA) 28 CFR § 35.151, § 35.164
• Section 504 of the Rehabilitation Act
• North Carolina Department of Public Instruction Guidance

Purpose

ENCSD is committed to maintaining a safe, respectful, and inclusive educational and workplace environment.  Students, employees, families, and community members must be able to raise concerns, report misconduct, and participate in investigations without fear of reprisal.  Retaliation against any individual for engaging in protected activities is strictly prohibited and will not be tolerated.

Any form or retaliation against an individual who, in good faith, reports misconduct, participates in an investigation, hearing, or inquiry, or exercises any right protected by law or ENCSD policy is a serious violation of school standards. ENCSD will take prompt, fair, and appropriate action against individuals found to have engaged in retaliatory conduct.

This policy is adopted in accordance with Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the North Carolina Whistleblower Act (N.C.G.S. § 115C-407.15 et seq.), and all applicable federal and state laws and regulations.

Definitions

• Retaliation: Any adverse action taken against a person because they engaged in a protected activity, including but not limited to reporting misconduct, filing a complaint, participating in an investigation, or asserting rights under the law or ENCSD policy. Examples include demotion, denial of benefits, harassment, intimidation, exclusion, disciplinary action, threats, or termination.
• Protected Activity: Any activity that is protected under law or policy, including:
  • Reporting suspected violations of law or policy
  • Reporting discrimination, harassment, bullying, or other prohibited conduct
  • Participating in or cooperating with an investigation or proceeding
  • Filing grievances or exercising any rights under state or federal law
• Good Faith Report: A report made with an honest and reasonable belief that a violation has occurred, even if that report is later found to be unsubstantiated.

I.  This Policy Covers

This policy applies to:

• All ENCSD employees (full-time or part-time)
• Students
• Parents/Guardians
• Volunteers
• Contractors
• Any individuals or entities conducting business with or on behalf of ENCSD

II. Prohibited Conduct

ENCSD prohibits any individual from retaliating against another person for:

• Filing a complaint or report of misconduct (e.g., discrimination, harassment, bullying, fraud, abuse) as protected by Title VII, Title IX, Section 504, ADA, FMLA, and state law.
• Participating in an investigation, grievance process, hearing, or court proceeding under any applicable law or ENCSD policy.
• Providing truthful information in connection with an inquiry or proceeding.
• Advocating for their own or another’s rights under applicable laws or ENCSD policies.

III. Accessibility and Language Access

ENSD recognizes the importance of accessible communication.  ASL interpreters and other language access services will be made available, as appropriate, to ensure that all individuals, including students, employees, families, and community members, are able to fully participate in reporting, investigation, and resolution processes as required by Section 504 of the Rehabilitation Act, the ADA, and Title VI of the Civil Rights Act.

IV. Reporting Retaliation

Any person who believes they have experienced retaliation or has observed retaliation against another individual should report the concern to:

• Their immediate supervisor (for staff)
• The Principal or program administrator (for students or families)
• ENCSD’s Human Resources office
• ENCSD Title IX Coordinator

Reports may also be made anonymously; however, anonymous reports may limit ENCSD’s ability to investigate fully.  Individuals are protected from retaliation under Title VII Title IX, Section 504, ADA, FMLA, the North Carolina Whistleblower Act, and the North Carolina School Violence Protection Act.

V. Investigation and Response

• All complaints of retaliation will be taken seriously and investigated promptly, thoroughly, and impartially in accordance with applicable ENCSD procedures and due process requirements.
• Where retaliation is substantiated, corrective and/or disciplinary actions will be taken, up to and including termination or expulsion, consistent with due process rights.
• ENCSD will take appropriate steps to protect individuals from further retaliation during and after the investigation.

VI. False Allegations

While ENCSD encourages the reporting of legitimate concerns, knowingly making false or malicious allegations of retaliation is a violation of this policy and may result in disciplinary action.

VII. Training and Communication

ENCSD will provide regular training and support to staff and students on their rights and responsibilities under this policy.  Training will include information on legal protections against retaliation under federal and state law, and on the availability of ASL interpreters and other language access services. This policy will be reviewed and updated as needed to ensure ongoing compliance with applicable laws and best practices.

Legal References

• Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq; 29 CFR Part 1604)
• Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.; 34 CFR Part 106)
• Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.; 28 CFR Part 35)
• Section 504 of the Rehabilitation Act of 1973 (29 U.S,C, § 794;34 CFR Part 104)
• Family and Medical Leave Act (29 U.S.C. § 2601 et seq.; 29 CFR Part 825)
• North Carolina Whistleblower Act (N.C.G.S. § 126-84 et seq.)
• North Carolina School Violence Prevention Act (N.C.G.S. § 115C-407.15 et seq.)
• North Carolina False Claims Act (N.C.G.S. § 1-605 et seq.)
• State Board of Education Policies (NCDPI)
• OSHR Workplace Violence and Anti-Retaliation Guidelines
• U.S. Department of Education, Office for Civil Rights (OCR) Regulations (34 CR 100.7€, 34 CFR 106.71, 34 CFR 104.61, 28 CFR 35.134, 34 CFR 110.34)

Purpose:

The Eastern North Carolina School for the Deaf (ENCSD) is committed to maintaining a safe, respectful, and professional environment for all students. Employees are expected to establish and maintain appropriate, ethical relationships with students at all times, both on and off campus and during or outside of work hours. This policy sets clear expectations to prevent any form of inappropriate behavior or boundary violations between staff and students and ensures compliance with all federal and state laws.

Definitions:

• Employee/Staff: Any person employed by ENCSD in any capacity, including full-time, part-time, temporary, substitute, contractors, or volunteers who have direct contact with students.
• Student: Any individual enrolled in ENCSD programs or activities, regardless of age.
• Inappropriate Relationship: Any interaction between staff and students that violates professional boundaries or ethical standards, including romantic, sexual, or exploitative behavior.
• Grooming Behavior: Actions by an employee intended to establish an inappropriate emotional or physical connection with a student, including excessive attention, favoritism, or gift-giving that could be used to manipulate or exploit the student.
• Professional Boundaries: The ethical and appropriate limits that govern interactions between staff and students to ensure a safe and respectful educational environment.
• Mandated Reporter: An employee required by law to report suspected child abuse, neglect, or misconduct to appropriate authorities in accordance with N.C. General Statute § 7B-301 and related statutes.

School-Approved Communication Channels: Official platforms and tools designated by ENCSD for communication with students, such as school email, educational software, or supervised social media groups.

I. Prohibited Conduct

Employees are strictly prohibited from engaging in the following:
 

1. Romantic or Sexual Relationships:
   • Any romantic or sexual interaction, solicitation, or relationship between a school employee and a student is strictly prohibited, regardless of the student’s age or the legality of the conduct under criminal or civil law. Such conduct constitutes misconduct and grounds for dismissal.
2. Inappropriate Communication:
   • Sending, receiving, or soliciting sexually explicit, suggestive, or otherwise inappropriate written, visual, or electronic communications, including texts, emails, videos, or social media messages.<
3. Favoritism or Grooming Behavior:
   • Excessive attention, gift-giving, special treatment, or physical contact that could be interpreted as grooming behavior.
4. Private Meetings or Contact Without Educational Justification:
   • Meeting a student in private settings, transporting a student without prior administrative and parental approval, or initiating contact outside school hours for non-school-related matters.
5. Use of Personal Technology for Non-Educational Communication:
   • Using personal phones, social media, or messaging platforms to communicate with students for reasons not directly related to schoolwork or official ENCSD activities, unless expressly authorized by administration.

II. Expectations for Professional Boundaries

All staff are expected to:

1. Maintain Professionalism:
   • Interact with students in ways that are respectful, appropriate, and clearly related to the student’s educational development.
2. Use School-Approved Channels of Communication:
   • When communicating with students, use school-issued email accounts or approved educational platforms and maintain transparency by copying supervisors and/or parents/guardians as appropriate.
3. Report Suspected Violations:
   • In accordance with N.C. Gen. Stat. § 7B-301, 115C-325 to 115C-337, OSHR regulations, and DPI policy, staff are mandated reporters and must immediately report any suspected abuse, neglect, or misconduct involving students, including inappropriate staff-student interactions, to the ENCSD Social Worker.
   • The ENCSD Social Worker must notify the ENCSD Superintendent.
   • Cooperate fully and truthfully in any internal or external investigation related to suspected staff-student misconduct.
4. Training and Compliance:
   • ENCSD will provide annual training on professional boundaries, mandated reporting, and electronic communications with students.
   • Training will be provided in accessible formats, including sign language interpreters or captions as needed.
   • ll employees are required to participate in and complete such training as a condition of continued employment or service.

III. Investigations and Discipline

1. Reporting Process:
   Reports of suspected violations shall be made to the School Social Worker who will follow the procedures set forth in Student Protection and Mandated Reporter policy (Policy 4240/7312).
2. Investigation:
   ENCSD will promptly investigate all reports fairly and confidentially, following OSHR disciplinary processes and the requirements of Title IX, if applicable. Interpreters will be provided for all participants who are Deaf or Hard of Hearing during investigative interviews.
3. Disciplinary Action:
   Violation of this policy may lead to corrective action ranging from reprimand to termination of employment consistent with OSHR disciplinary procedures and applicable state and federal law.
4. Notification of Authorities:
   Serious violations involving potential criminal conduct will be referred immediately to law enforcement and child protective services as required by law.

IV. Additional Provisions

1. Protection from Retaliation:
   ENCSD prohibits retaliation against anyone who reports misconduct in good faith or participates in investigations. Any act of retaliation will result in disciplinary action.
2. Annual Acknowledgment:
   All employees must sign an annual acknowledgment confirming their understanding and compliance with this policy, OSHR Code of Ethics, and DPI rules on staff conduct.<
3. Accommodations for Deaf and Hard of Hearing Stakeholders:
   ENCSD will provide reasonable accommodations, including sign language interpreters and accessible communication, for all students, employees, and families involved in the reporting, investigation, or training process.

V. Accessibility Statement

ENCSD is committed to ensuring that all students, staff, and families—regardless of hearing status—have equal access to information, reporting mechanisms, investigations, and training. Accommodations, including sign language interpreters and accessible communication, will be provided as needed throughout all processes described in this policy.

Legal and Regulatory References

• N.C. Gen. Stat. §§ 7B-301 (Duty to Report Child Abuse, Neglect, Dependency, or Death)
• N.C. Gen. Stat. §§ 14-27.32 (Sexual Activity with a Student)
• N.C. Gen. Stat. §§ 115C-325 to 115C-337 (School Personnel)
• N.C. Gen. Stat. §§ 126-16 et seq. (OSHR Personnel Act)
• NC OSHR Policy 5A.0100 (Code of Ethics and Standards of Conduct)
• NC OSHR Policy 5B.0300 (Prohibited Personnel Practices)
• NC DPI Policy 4040/7310 and 4240/7312 (Employee Conduct and Child Abuse Reporting)
• Title IX of the Education Amendments of 1972 (20 U.S.C. §1681 et seq.)

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, respectful, and nurturing learning environment for every student. ENCSD follows all federal and state laws, including the Child Abuse Prevention and Treatment Act (CAPTA), and North Carolina General Statutes §§ 7B-301, 14-318.6, 115C-400. We take all necessary steps to prevent, recognize, and respond to any reports or suspicions of child abuse, neglect, dependency, maltreatment, or exploitation. This policy explains our procedures, responsibilities, and protections, and ensures everyone understands their rights.

II. Definitions

• Abuse: Intentionally causing physical injury, emotional harm, sexual abuse, or cruel punishment to a student (§ 7B-101).
• Neglect: Failing to provide needed care, supervision, or basic needs (food, shelter, medical care) that results in harm or risk of harm (§ 7B-101).
• Exploitation: Using a student or their resources for someone else’s benefit, illegally or unfairly (§ 7B-101).
• Dependency: When a student needs help or placement because they are not getting proper care or supervision (§ 7B-101).
• Employee: Anyone who works at ENCSD, including full-time, part-time, permanent, temporary staff, volunteers, and contractors who interact with students (§ 115C-332).