Policy

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.

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

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) 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 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 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 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

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 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 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