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.

1. Purpose

The purpose of this policy is to establish guidelines for the retention, maintenance, and disposition of records at ENCSD in compliance with the North Carolina Functional Schedule for 2025, North Carolina Public Records Law (N.C.G.S. 132), Family Educational Rights and Privacy Act (FERPA, 20 U.S.C. §1232g), Health Insurance Portability and Accountability Act (HIPAA, 45 CFR Parts 160 & 164), and state cybersecurity regulations. Each department is responsible for ensuring accurate record-keeping and secure management of records in accordance with state and federal regulations.

2. Scope

This policy applies to all ENCSD departments, including Academics, Administration, Nutrition, Boarding, Maintenance, Housekeeping, Business Office, Human Resources (HR), Student Health Center, School Psychologist, School Social Worker, School Speech Pathologist, ENCSD Museum, and Information Technology (IT).

3. General Records Management Guidelines

• All records must be retained according to the current North Carolina Functional Schedule, specifically:
  • Student records (academic, disciplinary, health): Retained permanently or as outlined in the schedule per NC Retention Schedule.
  • Personnel records (employment history, benefits, evaluations): Retained for 30 years after separation per N.C.G.S. 126-22.
  • Financial records (budgets, audits, payroll): Retained for 5-10 years, depending on document type, per N.C.G.S. 132-3.
  • Facility and safety records (maintenance logs, incident reports, compliance records): Retained for 5-25 years, based on regulatory requirements.
  • General correspondence and administrative reports: Retained for 3-5 years, unless deemed historically significant.
• Digital records must be stored securely with appropriate access controls, following NC Department of Information Technology (DIT) security guidelines.
• Physical records must be stored in designated areas with restricted access, ensuring protection from damage or unauthorized access.
• Confidential records must be handled in accordance with FERPA, HIPAA, and state privacy laws.
• Outdated records must be disposed of properly, either by shredding (physical) or secure deletion (digital) as per the functional schedule.
• Public records, including emails and text messages related to school business, are subject to disclosure under N.C.G.S. 132-1.

4. Best Practices for Record Maintenance

A. Using Logs for Record Tracking

• Departments should maintain a record log (example below) detailing the date of creation, retention period, responsible staff member, and final disposition date.

• Logs should be reviewed annually to ensure compliance with retention schedules.
• Any changes to a record’s status (transfer, archive, disposal) must be documented in the log.

B. Best Practices for File Naming

• Use a consistent naming convention to improve accessibility and organization.
• Recommended format: [Department][RecordType][Date]_[UniqueIdentifier] (e.g., HR_EmployeeFile_2025_JohnDoe).
• Avoid special characters and spaces in file names; use underscores instead.
• Include version numbers if multiple versions of a document exist (e.g., _v1, _v2).

C. Emails and Personal Device Usage

• Emails related to official school business are considered public records and must be archived per the NC Functional Schedule.
• Staff should use ENCSD-issued email accounts for all work-related communications; personal email accounts should not be used.
• Personal devices used for work (phones, tablets, laptops) may be subject to public records requests if they contain school-related communications per N.C.G.S. 132-1.
• If a personal device is used, all work-related communications must be forwarded to an official ENCSD account and stored appropriately.
• Avoid texting work-related information unless absolutely necessary; if used, maintain a copy of all work-related texts in an official record-keeping system.

5. Electronic Filing System

A. Setting Up the Electronic Filing System

• All records will be stored in a secure cloud-based document management system with controlled access.
• Each department will have a designated folder structure aligned with retention schedules and security policies.
• Access permissions will be granted based on role-based authorization to ensure confidentiality and compliance.
• Files will be tagged with metadata, including date of creation, retention period, and department, to facilitate easy retrieval and tracking.
• Regular data backups will be performed to prevent data loss.

B. Organizational Hierarchy for Electronic Files

1. ENCSD Records (Root Folder)
   • 1.1 Academics
     • Student Grades
     • Attendance Records
     • IEPs
     • Curriculum Materials
   • 1.2 Administration
     • Meeting Minutes
     • Policies & Procedures
     • Accreditation Reports
   • 1.3 Business Office
     • Financial Reports
     • Payroll Records
     • Budget Documents
   • 1.4 Human Resources
     • Employee Records
     • Evaluations & Contracts
     • Benefits & Retirement
   • 1.5 Student Health Center
     • Medical Records (HIPAA Compliant)
     • Therapy & Counseling Records
   • 1.6 ENCSD Museum
     • Historical Documents
     • Exhibit Records
     • Donation Records
   • 1.7 Facilities & Maintenance
     • Safety Inspections
     • Incident Reports
     • Maintenance Logs
   • 1.8 Information Technology (IT)
     • System Security Logs
     • Software Licenses
     • Network Infrastructure Records
     • Equipment Inventory
     • User Access and Permissions Logs

6. ENCSD Records Maintenance Procedure

To Be Conducted Every January and June

1. Review of Active Records
   • Each department reviews all active records and updates status (retained, archived, or scheduled for disposal).
   • Ensure all records are logged in the department record log with proper tracking information.
2. Audit Electronic Filing System
   • Verify that all digital records are properly named and filed according to ENCSD’s naming conventions.
   • Remove duplicate or outdated versions of documents unless retention policies require them to be kept.
   • Check access permissions and update as needed for staff changes.
3. Physical Records Review
   • Confirm that all paper records are stored in appropriate locations (secure cabinets, designated archive areas).
   • Check for signs of damage, unauthorized access, or missing files.
   • Label and organize records for easy retrieval.
4. Update Compliance Logs
   • Verify and update record logs to reflect changes in document status.
   • Ensure all necessary communications and transactions related to records are documented.
5. Prepare for Disposal or Archiving
   • Identify records that have met retention schedules and are due for disposal.
   • Follow secure shredding procedures for physical records.
   • Digitally delete expired electronic records using secure deletion methods.
   • Ensure that historically significant records are properly archived.
6. Training & Reminders
   • Conduct a brief department meeting to remind staff of proper record management procedures.
   • Address any common mistakes or issues observed during the audit.
   • Provide updated guidance on compliance expectations.
7. Report to ENCSD Records Management Office
   • Submit an updated records status report for department review.
   • Address any issues with non-compliance or missing records.
   • Schedule any needed follow-up training or corrective actions.

Records Compliance Checklist

For Departmental Use – Ensuring Compliance with ENCSD’s Records Management Policy

Instructions

Each department must complete this checklist to ensure their records align with ENCSD’s Records Management Policy & Procedures.

This process will help bring existing records into compliance with the current North Carolina Functional Schedule.

Completion Date: ____________
Reviewed by (Department Head): ____________
Submitted to (Records Management Office): ____________

Appendix

Definitions

1. North Carolina Functional Schedule – The North Carolina Functional Schedule for Local and State Agencies is a standardized records retention and disposition schedule that outlines how long various types of records must be retained by public agencies, including schools. It replaces previous schedules that categorize records by department and instead organizes them based on function (e.g., student records, financial records, personnel records). This schedule ensures compliance with North Carolina Public Records Law (N.C.G.S. 132) and other applicable state and federal laws.

2. North Carolina Public Records Law (N.C.G.S. 132) – This law defines public records as all documents, emails, photographs, recordings, or other materials created or received by a public agency in the course of business. It mandates that these records be maintained, retained, and made accessible to the public unless exempted by law (e.g., FERPA for student records, HIPAA for health records). This law also dictates the proper disposal of public records, which requires authorization from the NC Department of Natural and Cultural Resources (DNCR) before destruction.

• FERPA (Family Educational Rights and Privacy Act) – A federal law that protects the privacy of student educational records and grants parents and eligible students’ rights regarding access to those records.
• HIPAA (Health Insurance Portability and Accountability Act) – A federal law that establishes standards for protecting sensitive patient health information, including records maintained by the Student Health Center.

3. Reference Copy – A non-official copy of a document that is kept for informational purposes only. Reference copies do not serve as the official record and should not be retained beyond their immediate use. These copies are not subject to retention requirements and can be discarded when no longer needed.

4. Transitory Copy – A temporary record that has short-term administrative value but does not need to be retained for legal, historical, or operational reasons. Examples include drafts, routine emails, meeting reminders, and duplicate copies. These records can be deleted or discarded when no longer needed, as they are not considered part of the agency’s permanent records.

5. Record Copy (Official Copy) – The primary or official version of a record that must be retained according to the NC Functional Schedule. The record copy is legally required to be maintained and is subject to public records law, audit requirements, and disposal regulations. Each department is responsible for maintaining the record copy of documents within their function.

6. Retention Schedule – A document that specifies how long records must be kept before they can be destroyed or archived. The North Carolina Functional Schedule serves as the official retention schedule for public agencies in the state. Retention periods vary based on legal, historical, and operational needs, and records cannot be destroyed before their required retention period has expired.

7. Transfer of Records – The process of moving records from one storage location to another. This may include:

• Internal Transfer – Moving records between ENCSD departments for continued use.
• Archival Transfer – Sending records to the NC State Archives if they have historical significance.
• Off-Site Storage Transfer – Moving records to a secure external storage facility for retention before disposal.

8. Archiving Records – The process of preserving records of historical, administrative, or legal significance beyond their active use period. Archived records are permanently retained and stored in a designated archival repository, such as the NC State Archives or an ENCSD digital archive. Examples of archived records include historical student records, accreditation documents, and institutional policies.

9. Disposal of Records (Acceptable Methods) – The proper destruction of records that have met their retention period, in compliance with NC public records laws. Acceptable methods include:

• Physical Records:
  • Shredding – Required for confidential or personally identifiable information (PII).
  • Recycling – Allowed for non-confidential paper records.
  • Incineration – Permitted for highly sensitive documents when shredding is not feasible.
• Digital Records:
  • Secure Deletion – Using data-wiping software to permanently remove electronic records.
  • Overwriting – Replacing existing data with random information to prevent recovery.
  • Physical Destruction of Storage Media – Destroying hard drives, USBs, and CDs when necessary.

10. Organizational Hierarchy for Electronic Files – A structured system for organizing digital records within an electronic filing system to ensure consistency, accessibility, and compliance with the NC Functional Schedule. Best practices include:

• Root Folder: ENCSD Records
  • Subfolders by Function (not department) (e.g., Financial Records, Student Records, HR Records)
  • Subcategories by Record Type (e.g., Payroll, Budget Reports, Employee Evaluations)
  • File Naming Conventions (e.g., HR_EmployeeFile_2025_JohnDoe to ensure clarity and retrieval efficiency)
• Access Controls: Restricting file permissions to authorized personnel based on role and security requirements.
• Metadata Tagging: Adding dates, retention periods, and department identifiers to facilitate record retrieval.

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) recognizes the importance of providing employees with leave options to attend to personal, civic, and professional responsibilities while maintaining an effective instructional program for students. Employees will not be subject to termination, demotion, or other adverse employment actions for taking leave in compliance with board policies and administrative procedures.

All leave requests, whether paid or unpaid, must adhere to state and federal laws and policies set forth by the North Carolina Department of Public Instruction (NCDPI), including the most current version of the North Carolina Public Schools Benefits and Employment Policy Manual, available at:
https://www.dpi.nc.gov/districts-schools/districts-schools-support/district-human-capital/employee-policy

This policy supplements, rather than replaces, applicable legal requirements. If any state or federal law or regulation conflicts with existing ENCSD or State Board policies, this policy will be modified as necessary to ensure compliance.

II. Definitions

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

• 126 Employee: An employee subject to the North Carolina Human Resources Act (N.C.G.S. Chapter 126), typically administrative, clerical, or support staff.
• 115C Employee: A licensed or certified employee serving in a public school capacity, including teachers and instructional support staff, governed under Chapter 115C of the North Carolina General Statutes.
• Permanent Full-Time Employee: An employee regularly scheduled to work 40 hours per week for at least nine (9) months in a calendar year.
• Immediate Family Member: Includes spouse, parent, child, sibling, grandparent, grandchild, or in-law equivalent of any of these relationships.
• FMLA: The Family and Medical Leave Act, which provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons.
• Excessive Absences: More than 10 unapproved absences in a school year, or a recurring pattern of absences that negatively impacts job performance.
• Tardiness: Arriving late to work beyond the scheduled start time without prior approval or valid reason.
• Compensatory Time (Comp Time): Time off earned by non-exempt employees in lieu of overtime pay for hours worked beyond 40 in a workweek, as allowed under the Fair Labor Standards Act.
• Personal Observance Day: A full day of leave designated by the employee for a day of personal religious or cultural significance, in accordance with state law.
• Voluntary Shared Leave: A program that allows employees to donate earned leave to fellow employees experiencing a serious medical hardship, administered under state policy.

III. Employee Classifications

Employees at ENCSD are classified under two primary categories based on North Carolina General Statutes:

A. 126 Employees (State Human Resources Act Employees)

These employees are subject to the North Carolina Human Resources Act and typically include administrative, clerical, and support staff. Leave is accrued according to the North Carolina State Human Resources policy, based on years of service.

B. 115C Employees (Certified Public School Employees)

These include teachers, instructional support staff, and other school-based employees. Leave accrual and usage follow state public school guidelines and the academic calendar.

IV. General Leave Guidelines

A. Minimum Leave Time

Leave may be taken in hourly increments unless otherwise specified.

B. Continuous Leave of More Than 10 Days

Employees requesting more than ten (10) consecutive days of leave must follow the Family and Medical Leave Act (FMLA) requirements, including appropriate notice and verification.

V. Leave Categories

A. Sick Leave

• Permanent full-time employees earn one (1) sick day per month. Part-time employees accrue leave on a pro-rata basis.
• Sick leave may be used for:
  • Personal illness or medical appointments
  • Illness or death in the immediate family (spouse, parent, child, grandparent, sibling, or in-law)
• A physician's certificate may be required.
• Falsified sick leave statements are grounds for dismissal.
• Employees must notify supervisors as early as possible, and no later than 1.5 hours before their start time unless there is an emergency.
• Sick leave from another NC public school system may be transferred with notarized verification.

B. Personal Leave (Licensed 115C Employees Only)

• Earn two (2) personal leave days per ten-month term (0.2 per month), up to five days.
• May only be used in half-day or full-day increments.
• Requires prior approval.
• May not be used on the first/last instructional day or directly before/after holidays unless approved.

C. Personal Observance Leave

• One personal observance day per fiscal year, in accordance with state policy.
• 126 employees may use a half or full day.
• 115C employees must use a full day.
• Must be requested in advance and approved.

D. Professional Leave

• Must be pre-approved by the Superintendent or designee.
• Includes conferences, workshops, and training.

E. Compensatory Leave

• Non-exempt employees (FLSA) may accrue compensatory (comp) time.
• Comp time should be used within the same pay period when possible.

F. Annual Leave (12-Month Employees Only)

• Accrues according to years of service.
• Must be requested in advance and approved by the supervisor.
• Superintendent may designate preferred non-instructional vacation times.

G. Discretionary Leave of Absence Without Pay

• May be requested for up to one (1) calendar year.
• Requests should be made in writing at least 60 days in advance, if possible.
• Approval is at the discretion of the Superintendent and Board.
• Once approved, leave dates are binding unless amended by mutual agreement.

H. Voluntary Shared Leave

• Available in accordance with OSHR policy.
• For more details, employees should consult ENCSD HR or visit: OSHR Voluntary Shared Leave

I. Military Leave

• Granted per USERRA and NC law.
• May be used for active duty, training, or emergencies.
• Employees must notify supervisors and HR in advance unless military necessity prevents it.
• Leave may be paid (using annual leave/comp time) or unpaid.
• Reemployment rights apply under federal law.

J. Other Leave

Includes:

• Religious observance leave
• Jury duty
• Community service leave
• Parental involvement leave
• Parental leave without pay
  These types of leave are granted in accordance with applicable laws.

VI. Attendance Expectations

A. Excessive Absences

Regular attendance is a fundamental expectation. Excessive absences are defined as:

• More than 10 unapproved absences in a school year, OR
• A pattern of frequent absences (e.g., repeated Mondays/Fridays) that interfere with responsibilities.

Supervisors may require employees to:

• Provide medical documentation for future absences
• Meet with HR
• Develop an attendance improvement plan
• Be subject to progressive discipline, including dismissal

B. Tardiness

• Employees are expected to arrive on time.
• Repeated tardiness may lead to:
  • Required use of leave time to cover lateness
  • Formal disciplinary action

VII. Leave Forms

All leave request forms are available through the ENCSD Intranet.

Legal References

• G.S. 95-28.3; 115C-12, -36, -47, -84.2, -218.90(a)(3), -238.68(3), -285, -302.1, -316, -336, -336.1
• 16 N.C.A.C. 6C.0405
• State Board of Education Policy BENF-001
• North Carolina Public Schools Benefits and Employment Policy Manual
• Family and Medical Leave Act (FMLA)
• Uniformed Services Employment and Reemployment Rights Act (USERRA)