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