Closed Sessions Policy 2321

Closed Sessions Policy 2321

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
Policy