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Role of Board Members in Handling Complaints Policy 2122

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.
Policy