I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) recognizes that the education of students is a shared responsibility among the school, parents/guardians, families, and the community. Research shows that meaningful parental involvement contributes significantly to student achievement, attendance, and positive behavior. ENCSD is committed to fostering strong school-family partnerships that support and enhance student learning, development, and well-being, in compliance with federal and state laws—including the Every Student Succeeds Act (ESSA), the Individuals with Disabilities Education Act (IDEA), Title IX, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), the Family Educational Rights and Privacy Act (FERPA), and North Carolina Department of Public Instruction (NCDPI) policies and procedures. This policy applies to all parents/guardians, including those with disabilities or limited English proficiency.

II. Definition of Parent and Family Engagement

For the purposes of this policy, parent and family engagement means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, consistent with the definition in ESSA § 8101(39). This includes opportunities for parents to participate in the planning, review, and improvement of school programs, as required by ESSA and NCDPI policy, and ensuring that:

1. Parents play an integral role in assisting their child’s learning.
2. Parents are encouraged to be actively involved in their child’s education at school.
3. Parents are full partners in their child’s education and are included, as appropriate, in decision-making and advisory roles related to their child’s educational program.

III. Expectations for Parental Involvement

ENCSD shall:

1. Develop a Parental Involvement Plan:
   ENCSD will create and maintain an annual Parental Involvement Plan, developed, reviewed, and improved with parent input, as required by ESSA § 1116(a)(2). The plan will identify strategies, timelines, and opportunities to engage families in the academic, social, and emotional development of their children. The plan will encourage participation in school events, communication efforts, student support initiatives, and parent education opportunities.
2. Ensure Accessibility:
   ENCSD will provide information and school reports in formats and languages parents can understand, as required by ESSA, Section 504, and ADA. Communication with families will be in their preferred language or mode of communication, including American Sign Language (ASL), written English, and other accessible formats.
3. Promote Two-Way Communication:
   Use multiple formats (e.g., printed notices, emails, texts, videophone, interpreter-supported meetings) to share information about student progress, school programs, and opportunities for engagement, in accordance with ESSA and NCDPI guidance.
4. Encourage Participation:
   Invite and encourage parents to participate in school events, IEP and transition planning, behavior support meetings, and school improvement activities, including Title I and IDEA-related meetings and processes.
5. Respect Parent Input:
   Actively seek and incorporate parent feedback into school-level decision-making, planning, and program development.
6. Support Home Learning:
   Provide resources and training to support parents in reinforcing learning goals and developmental skills at home.

IV. Student/Family Handbook Distribution

ENCSD shall provide every family with a Student/Family Handbook each school year. This handbook outlines student expectations, policies, and procedures and will be:

• Distributed to families annually at the beginning of the school year or at enrollment.
• Made available online at www.encsd.net for ongoing access.
• Provided in accessible formats and languages as needed.
• Include annual notification of rights under ESSA, IDEA, FERPA, and Title IX.

V. Annual Notifications

ENCSD will provide annual written notification to parents/guardians of:

• Their rights under federal and state law, including FERPA, IDEA, Section 504, ADA, and Title IX.
• The school’s policies and procedures regarding parental involvement, student discipline, attendance, and health services.
• The availability of the Student/Family Handbook and any updates.
• The process for reviewing and requesting amendments to their child’s educational records.
• The availability of assistance for parents with disabilities or limited English proficiency.

VI. Opportunities to Withhold Consent / Opt-Out Notifications

Parents/guardians will be notified annually and given the opportunity to withhold consent or opt out of the following, as applicable:

• Release of directory information under FERPA.
• Participation in surveys, physical examinations, or screenings not required by law.
• Participation in certain school programs, activities, or clubs.
• Use of student photographs or video for public relations purposes.
• Participation in community or external agency services provided at school.
• Per Session Law 2025-84 HB 805, students of different biological sexes are prohibited from sharing sleeping quarters.  The only exceptions are if the students are immediate family members (for example, siblings) OR if the school has written permission from the parents/guardians of all students sharing the quarters.

ENCSD will provide clear instructions on how to exercise opt-out rights, and all opt-out forms will be available in accessible formats and languages.

VII. Parental Permission Required / Opt-In

ENCSD will obtain written parental permission (opt-in) prior to:

• Administration of non-emergency medical examinations or screenings.
• Participation in school-sponsored research projects or surveys that collect protected information.
• Involvement in certain extracurricular activities or field trips.
• Release of personally identifiable information to third parties, except as permitted by law.

VIII. Procedures for Parental Involvement in Student Health

Parents/guardians will be:

• Informed of all health services offered at school, including screenings, immunizations, and counseling.
• Notified in advance and given the opportunity to consent or decline participation in non-emergency health services.
• Invited to participate in the development and review of their child’s Individualized Health Plan (IHP), if applicable.
• Provided with information on how to communicate health concerns or provide medical updates to school staff.

IX. Community Services Available

ENCSD will provide information to families about available community services and support, including:

• Counseling and mental health resources.
• Family support and advocacy organizations.
• Health and wellness programs.
• After-school and enrichment programs.
• Services for students with disabilities or special needs.

Information about community services will be included in the Student/Family Handbook, on the school website, and shared during parent meetings and events.

X. Parental Involvement – School Improvement Plan

ENCSD shall:

1. Involve parents in the development, implementation, and review of the School Improvement Plan, in accordance with NC General Statute § 115C-105.41 and NCDPI policy.
2. Offer flexible meeting times and formats (in person, virtual, or through written communications) to encourage participation, with advance notice in accessible formats.
3. Provide guidance and materials to help parents understand:
   • Academic standards and expectations.
   • State and local assessments.
   • Their child’s progress and how to support learning at home.

XI. School-Parent Compact

ENCSD will develop, in collaboration with parents, a School-Parent Compact that outlines:

• The school’s responsibilities to provide a supportive learning environment.
• The parent’s role in supporting their child’s education.
• The means of effective communication and collaboration.

This compact will be jointly developed with parents of students, reviewed annually with parent input, revised as necessary, and distributed at the beginning of the school year in accessible formats and languages, as required by ESSA § 1116(d).

XII. Parent Requests for Information

Parents may request, in writing or by accessible means (e.g., email, videophone), information regarding the following:

1. The professional qualifications of their child’s teachers and staff who provide instruction.
2. The level of achievement and academic growth of their child on state assessments.
3. Curriculum materials and instructional methods used in their child’s education.
4. Their child’s educational records, in accordance with FERPA.
5. Any school policies or procedures related to IDEA, Section 504, ADA, and Title IX compliance.

ENCSD will notify parents annually of their right to request information, as required by ESSA § 1112(e)(1)(A) and NCDPI policy, and will respond to requests in a timely and accessible manner (generally within 10 business days).

XIII. Title IX Compliance

ENCSD shall ensure that all parental engagement practices are compliant with Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. All parents and families will be informed of:

• Their rights under Title IX.
• How to report concerns related to sex-based discrimination.
• The name and contact information of ENCSD’s Title IX Coordinator, available at www.encsd.net.

ENCSD will provide annual training for staff on Title IX requirements and procedures, and Title IX notices will be included in all major school communications and handbooks.

XIV. Roles and Responsibilities

A. Superintendent

• Ensure implementation, evaluation, and reporting of this policy.
• Oversee the development of the Parental Involvement Plan.
• Ensure compliance with ESSA, IDEA, Title IX, FERPA, Section 504, ADA, and NCDPI policy.

B. Principal

• Maintain a welcoming school culture for families.
• Ensure staff compliance with this policy and coordinate family engagement efforts.
• Ensure compliance with all relevant federal and state laws and NCDPI policies.

C. Teachers and Staff

• Engage in regular, respectful communication with parents.
• Provide parents with academic resources and updates.
• Participate in training regarding compliance with parental involvement requirements.

D. Parents/Guardians

• Engage in their child’s learning.
• Participate in school activities and decision-making processes.
• Communicate with school personnel as partners in student success.

E. Family Engagement Coordinator

• Serve as a point of contact for parent engagement efforts.
• Support the implementation and evaluation of this policy.
• Facilitate communication between families and school staff.

XV. Evaluation and Review

ENCSD will conduct an annual evaluation of the effectiveness of its parental involvement policy and practices. This will include:

• Reviewing feedback from a representative sample of families and staff, including those from diverse backgrounds and with disabilities.
• Assessing participation rates and barriers to engagement.
• Updating the policy and involvement plan based on evaluation outcomes.
• Sharing the revised policy and plan with families in accessible formats and languages.

XVI. Grievance Procedure

Parents who believe their rights under this policy have been violated may file a grievance in accordance with ENCSD’s grievance procedures, which align with NCDPI and federal complaint procedures. Information about the grievance process will be provided in accessible formats and languages.

XVII. Non-Retaliation

ENCSD prohibits retaliation against any parent or guardian who participates in or advocates under this policy.

XVIII. Policy Review and Updates

This policy will be reviewed and updated regularly to reflect changes in federal, state, and NCDPI requirements. All updates will be communicated to families in accessible formats and languages.

Legal References

• Every Student Succeeds Act (ESSA), 20 U.S.C. § 6318
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g
• 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.
• NC General Statutes §§ 115C-47, 115C-105.41
• NC G.S. §115C-76.110 (enacted by S.L. 2025-84)

Purpose

ENCSD is committed to fostering an inclusive, supportive, and highly skilled workforce by providing meaningful and equitable professional and staff development opportunities.  ENCSD’s professional development policy shall be implemented in full compliance with all applicable federal and state laws, regulations, and guidelines.

ASL interpreting will be provided for all professional development activities as required by the ADA and Section 504.

Definitions

• Professional Development: Structured learning activities intended to improve the knowledge, skills, and effectiveness of licensed and non-licensed employees per OSHR 25 NCAC O1H.0202 and NCDPI TCP-A-019.
• Licensed Employees: Staff members who are required by NCDPI to hold licensure for their positions (N.C.G.S. § 115C-270.20).
• Non-licensed employees: Staff members who are not required to hold licensure through NCDPI but play vital roles in school operations.
• Continuing Education Unit (CEU): A standard measure of participation in qualified, non-credit, professional education and training programs

I. Policy Statement

Professional development is essential to supporting student achievement, staff retention, equity, and a positive school culture.  ENCSD requires all employees, licensed and non-licensed, to engage in ongoing professional learning as a condition of employment and to meet licensure (NCDPI 16 NCAC 06C.0401), performance (OSHR 25 NCAC 01l.2307), and compliance (FERPA, OSHA, ADA) standards.

ENCSD will provide high-quality, job-embedded, and accessible professional learning that:

• Supports school improvement priorities
• Reflects the unique needs of a Deaf and hard of hearing population
• Aligns with state and federal guidelines
• Promotes ethical behavior, cultural responsiveness, and inclusive practices
• Advances communication, including ASL fluency and cultural competency
• Facilitates the earning of Continuing Education Units (CEUs) for licensed staff to meet renewal requirements and enhance instructional expertise.

II. Professional Learning Expectations

1. Licensed Staff
   • Must participate in annual professional development to maintain licensure as required by NCDPI (16 NCAC 06C.0402)
   • Required to complete training in ASL, Deaf Culture, instructional practices, digital learning, equity, and compliance topics
   • Participation is tracked through NCEES
2. Non-licensed Staff
   • Required to attend ENCSD-sponsored staff development that supports job performance, safety, communication (including ASL classes), and understanding Deaf Culture
   • May be required to complete additional training based on departmental needs (examples: CPI, CPR, OSHA, etc.)
3. ASL Proficiency Development
   • Staff members who are not fluent in American Sign Language are required to attend ASL instruction two (2) to three (3) days per week during the school year or as otherwise scheduled
   • ASL classes are considered a required component of job-related professional development and are essential for fostering inclusive communication throughout the school.
4. Annual Training Requirements
   • All Employees are expected to complete annual training in mandatory topics, including but not limited to:
     • Child abuse and mandatory reporting (N.C.G.S. 7B-301)
     • FERPA and student data privacy (20 U.S.C. § 1232g)
     • Civil rights and discrimination (Title VI, Title IX)
     • Workplace safety and emergency procedures (OSHA 29 CFR 1910)
     • Appropriate staff-student relations (ENCSD Policy 4040/7310)

III. ASL and Accessibility Accommodations

ENCSD is committed to ensuring that all professional development opportunities are accessible to Deaf and hard of hearing staff.

The following accommodations will be made as appropriate:

• ASL interpretation
• Captioned videos and presentations
• Written transcripts of audio content
• Accessible presentation materials
• Deaf-friendly delivery practices

Supervisors and Human Resources will work with staff in advance to arrange necessary accommodations.

IV. Planning and Implementation

The Superintendent or designee shall:

• Ensure alignment of all professional development offers with ENCSD’s strategic goals and state requirements
• Coordinate with NCDPI and OSHR to maintain compliance with licensure and personnel regulations
• Allocate time and resources for job-embedded and continuous learning
• Collaborate with department heads to assess and respond to training needs
• Monitor and evaluation participation and impact of professional development

V. Payment of Costs

ENCSD will consider paying reasonable costs, within budget limits, for any courses, workshops, seminars, conferences, in-service training session, or other sessions an employee is required to attend.  The employee must seek prior approval to attend.

ENCSD will not bear the responsibility of the cost of training taken solely for the purposes of licensure renewal.

ENCSD may authorize certain personnel to receive reimbursement for travel expenses incurred in the performance of their duties.  Such reimbursement is subject to the availability of funds.

Mileage reimbursement rates will be established annually by the state of North Carolina.

VI. Documentation and Records

Participation in required professional development shall be documented and retained in the employee's personnel file or through the state’s designated tracking system.  Failure to participate in required training may result in disciplinary action up to and including dismissal, in accordance with ENCSD policy and OSHR guidance.

Legal References

• Title VI and Title VII of the Civil Rights Act of 1964
• Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
• Section 504 of the Rehabilitation Act (29 U.S.C. § 794)
• Family Educational Rights and Privacy Act (20 U.S.C. § 1232g)
• North Carolina General Statutes Chapter 115C
• OSHR Equal Employment Opportunity Policy (25 NCAC 01H .0200)
• NCDPI Professional Development and Licensure Standards

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, respectful, and inclusive educational and work environment for all students, staff, and members of the school community. Discrimination, harassment, and bullying based on any protected status are strictly prohibited.  This policy applies to all school programs, activities, and employment practices, both on and off campus, and affirms equal opportunity and access for all students and staff. ENCSD will not tolerate any unlawful or inappropriate conduct that interferes with a student’s ability to learn or a staff member’s ability to work.

This policy is established to comply with all applicable federal and state laws, including but not limited to:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.; 34 C.F.R. Part 100) – Prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance.

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.’ 34 C.F.R. Part 106) – Prohibits discrimination based on sex in education programs and activities receiving federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 (26 U.S.C. § 794; 34 C.F.R. Part 104) – Prohibits discrimination based on disability.

Americans with Disabilities Act (ADA; 42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 35) – Prohibits discrimination based on disability.

Individuals with Disabilities Education Act (IDEA; 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300) – Ensures special education and related services for eligible children with disabilities.

Family Educational Rights and Privacy Act (FERPA; 20 U.S.C. § 1232g; 34 C.F.R. Part 99) – Protects the privacy of student education records.

NC General Statues §§ 115C-407.15 – 407.18 (School Violence Protection Act) – Prohibits bullying and harassing behavior in public schools.

NC General Statutes § 126.14.6 – Ensures dignity and nondiscrimination in state workplaces

NC Constitution, Article I, Section 1: Guarantees equality and rights of all persons.

II. Definitions

• Discrimination:
  Any act or failure to act that unreasonably and unlawfully differentiates treatment of a person based on race, color, national origin (as prohibited by Title VI), sex (as prohibited by Title IX), gender identity or expression, sexual orientation, pregnancy, religion, age, disability (as prohibited by Section 504 and ADA), or other protected class under law.
• Harassment:
  Unwelcome conduct—verbal, nonverbal, or physical—based on a protected class that creates a hostile or intimidating environment and interferes with a person’s ability to learn or work, as addressed under Title VI, Title IX, Section 504, and ADA.
• Bullying:
  Repeated conduct intended to intimidate, ridicule, humiliate, or cause harm. This includes cyberbullying and may be verbal, physical, emotional, or psychological. Prohibited under NC General Statutes §§ 115C-407.15–407.18.
• Sexual Harassment:
  Unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that affects access to education or employment, as defined under Title IX (34 C.F.R. § 106.30).
• Hostile Environment:
  A situation where harassment is severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive environment, as defined in federal regulations (e.g., 34 C.F.R. § 106.30 for Title IX).

III. Prohibited Conduct

The following conduct is strictly prohibited:

1. Discrimination against students or employees based on race, color, religion.
2. Discrimination against students or employees based on race, color, or national origin, as prohibited by Title VI of the Civil Rights Act of 1964.
3. Discrimination against students or employees based on sex (including sexual orientation, gender identity, and gender expression), as prohibited by Title IX of the Education Amendments of 1972.
4. Discrimination based on disability, as prohibited by Section 504 of the Rehabilitation Act of 1973 and the ADA.
5. Harassment that creates a hostile educational or work environment, as defined by federal and state law.
6. Bullying and Cyberbullying of any student or staff member by any individual, including but not limited to students, employees, volunteers, or third parties, as prohibited by NC General Statutes §§ 115C-407.15–407.18.
7. Retaliation against any individual who reports, files a complaint, or participates in an investigation of discrimination, harassment, or bullying, as prohibited by all referenced federal and state laws.

IV. Reporting Procedures

A. For Students

• Students are encouraged to report concerns to any staff member or directly to the school Social Worker, Principal.
• Reports may be made orally or in writing, including anonymously, as permitted under Title IX and Title VI regulations.
• School personnel who receive a report are required to notify the school Social Worker or designee immediately.

B. For Employees

• Employees must report incidents of discrimination, harassment, or bullying to their immediate supervisor, the Human Resources Manager, or the Superintendent.
• Reports involving students must also be shared with the School Social Worker.
• Contact Information for Coordinator:

  • Title IX Coordinator: 

    Cheryl Iannucci – ENCSD Superintendent

    Telephone number: 252-206-7342 

    Email: cheryl.iannucci@encsd.k12.nc.us

    Address: Eastern North Carolina School for the Deaf

                    1311 US-301S

    Wilson, NC 27893

• Contact information must be posted on the ENCSD website and in handbooks, as required by 34 C.F.R. § 106.8 (Title IX) and 34 C.F.R. § 104.7 (Section 504).
• ENCSD will accept and investigate reports made in any language or communication mode accessible to the reporter, including American Sign Language.

V. Investigation

ENCSD will investigate all allegations of discrimination, harassment, or bullying promptly, impartially, and thoroughly in accordance with federal and state law.

1. Interim Measures: May be taken to protect the complainant during the investigation, as required under Title IX (34 C.F.R. § 106.44).
2. Confidentiality: Will be maintained to the extent possible under law, including FERPA and Title IX.
3. Documentation: Findings will be documented, and corrective action will be taken where appropriate.  ENCSD will provide written notice of the outcome of the investigation to all parties, consistent with FERPA and other privacy laws.
4. Title IX Compliance: For Title IX complaints, procedures will comply with the Title IX grievance process requirements (34 C.F.R. § 106.45), regardless of law enforcement involvement.

VI. Disciplinary Action

Disciplinary actions will be implemented in accordance with due process rights and applicable ENCSD grievance procedures.  If a violation of this policy is found, ENCSD will take appropriate corrective action, which may include:

• Counseling or training
• Reassignment or suspension
• Termination or expulsion
• Referral to law enforcement when required by law

VII. Protection Against Retaliation

Retaliation against anyone who, in good faith, reports or participates in an investigation of prohibited conduct is strictly prohibited. Any act of retaliation will result in disciplinary action, as required by Title VI (34 C.F.R. § 100.7(e)), Title IX (34 C.F.R. § 106.71), Section 504, and state law.

VIII. Notification and Training

ENCSD will:

1. Annually distribute this policy to students, parents, and staff, and post it on the school website, as required by Title IX (34 C.F.R. § 106.8).
2. Provide annual training to staff on this policy, including specific examples of prohibited behaviors and how to recognize, prevent, and respond to discrimination, harassment, and bullying, as required by Title IX and Section 504.  All training will be accessible to all staff, including those with disabilities.
3. Offer age-appropriate education to students on bullying prevention and respectful behavior.  All training will be accessible to all students, including those with disabilities.
4. Ensure all students, parents, and staff are informed of how to file complaints and access grievance procedures.

IX. Title IX and Title VI Compliance

Title VI Compliance:
ENCSD complies fully with Title VI of the Civil Rights Act of 1964, which states:

“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (42 U.S.C. § 2000d; 34 C.F.R. § 100.3)

Title IX Compliance:
ENCSD complies fully with Title IX of the Education Amendments of 1972, which states:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” (20 U.S.C. § 1681(a); 34 C.F.R. § 106.31)

The Office for Civil Rights (OCR) of the U.S. Department of Education enforces both Title VI and Title IX. All allegations of discrimination covered by these laws will be investigated promptly and addressed according to the procedures in this policy.

X. Grievance Procedures

Grievance procedures are available for any individual who wishes to contest the outcome of an investigation or raise concerns about the application of this policy. These procedures are outlined in the ENCSD Student/Family Handbook and Staff Handbook and are available at www.encsd.net, as required by Title IX (34 C.F.R. § 106.8) and Section 504 (34 C.F.R. § 104.7).

XI. Legal References

• Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; 34 C.F.R. Part 100
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; 34 C.F.R. Part 104
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 35
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99
• NC General Statutes §§ 115C-407.15–407.18 (School Violence Prevention Act)
• NC General Statutes § 126-14.6
• NC Constitution, Article I, Section 1
• NC DPI Policy Manual and Reporting Procedures

At this time, all ENCSD students with disabilities are served under the Individuals with Disabilities Education Act (IDEA) and have Individualized Education Programs (IEPs). However, this policy references Section 504 of the Rehabilitation Act of 1973 to ensure compliance with all federal nondiscrimination requirements, as students with IEPs are also protected under Section 504. This policy will continue to apply to any future students who may be eligible under Section 504 only.

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing an educational and working environment free from discrimination, harassment, and retaliation based on sex, in compliance with all applicable federal and state laws.  ENCSD affirms that all students, employees, applicants, volunteers, and parents/guardians have the right to participate in school programs and activities free from sex discrimination, including sexual harassment, sexual violence, and gender-based misconduct.  This policy sets forth ENCSD’s procedures for preventing, reporting, investigating, and addressing prohibited conduct under Title IX.

Scope

This policy applies to:

• All students enrolled at ENCSD
• All ENCSD employees, including state employees and contracted service providers
• Applicants for employment
• Parents/Guardians and visitors
• Volunteers
• Participants in any ENCSD program or activity, including off-campus and school-sponsored events.

This policy applies to conduct occurring:

• On ENCSD property
• At ENCSD-sponsored events or activities
• During remote learning
• Off-campus when the conduct has continuing effects within the school environment, consistent with Title IX jurisdictional rules

Statement of Non-Discrimination

ENCSD does not discriminate on the basis of sex, including pregnancy, sexual orientation, gender identity, gender expression, parental status, or marital status, in any educational program, activity, or employment practice.

ENCSD will provide reasonable accommodations as required under the ADA, Section 504, and state accessibility requirements to ensure full participation of individuals with disabilities in the Title IX process, including interpreters, visual supports, translated materials, and other communication access resources.

Definitions

• Sex Discrimination: Unequal treatment or denial of benefits based on a person’s sex, gender, gender identity, sexual orientation, pregnancy, or related conditions.
• Sexual Harassment (Title IX): Conduct on the basis of sex that meets one or more of the following:
  1. A school employee conditioning a school aid, benefit, or service on participation in unwelcome sexual conduct (quid pro quo).
  2. Unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a school program or activity.
  3. Sexual assault, dating violence, domestic violence, or stalking as defined by federal law.
• Sexual Assault: Any non-consensual sexual act as defined under the Clery Act and federal criminal code.
• Consent: A clear voluntary agreement to participate in specific sexual activity.
  1. Silence or lack of resistance does not equal consent.
  2. Consent can be withdrawn at any time.
• Complainant: A person who is alleged to be the victim of conduct that may constitute sex discrimination or sexual harassment.
• Respondent: A person who is reported to have engaged in prohibited conduct.
• Title IX Coordinator: The official responsible for overseeing compliance with Title IX, including investigations, supportive measures, and training.
• Supportive Measures: Non-disciplinary, non-punitive services offered to the complainant or respondent to restore equal access to school programs (examples: schedule adjustments, counseling, interpreter support, safety planning).
• Retaliation: Any intimidation, threat, or adverse action taken against a person because they reported discrimination, participated in a Title IX process, or refused to participate.

I.  Title IX Coordinator

ENCSD shall designate a Title IX Coordinator who is trained in Title IX requirements, investigation processes, trauma-informed practices, disability rights, and accessibility for deaf and hard of hearing individuals.

The coordinator’s contact information will be:

• Posted on the ENCSD website
• Included in handbooks
• Delivered in accessible formats

II. Reporting and Complaints

1. How to Report

Any person may report Title IX violations including:

• In person
• By email
• By phone
• By video message
• By text message
• Directly to the Title IX Coordinator, any administrator, or any trusted staff member

Reports may be made at any time, including outside school hours.

2. Mandatory Reporting for Staff

All ENCSD employees are mandatory reporters and must report any known or suspected sexual harassment or sex discrimination immediately to the Title IX Coordinator.

3. Confidential Resources

ENCSD will provide access to counseling and support in a confidential manner consistent with state and federal law.

III. Response to Reports

Upon receiving a report, ENCSD will:

1. Respond promptly and in a manner that is not deliberately indifferent.
2. Offer supportive measures to all parties.
3. Explain the formal complaint process in an accessible format and language.
4. Ensure accommodations under the ADA and Section 504, including interpreters, visual materials, and sensory-appropriate meeting formats.

IV. Formal Complaint and Investigation Process

1. Filing a Formal Complaint

A complainant may file a written or signed digital complaint.  If the complaint is a student, employee, parent/guardian, or third party, the Title IX Coordinator may also sign a formal complaint when necessary for community safety.

2. Investigation Requirements
   • Investigations will be prompt, thorough, and impartial.
   • Both parties will receive equal access to evidence.
   • Meetings and interviews will be conducted with needed ASL/communication access services.
   • The investigator will be trained in Title IX, disability rights, and deaf education contexts.
3. Determination

A decision-maker (not the investigator) will issue a written determination, delivered in accessible formats.

4. Appeals

Both parties have the right to appeal on established Title IX grounds.

V. Retaliation Prohibited

ENCSD strictly prohibits retaliation against anyone who makes a report, participates in a Title IX process, or supports a participant.

Any retaliatory behavior will result in disciplinary action consistent with NC OSHR and ENSD policies.

VI. Training and Notification

ENCSD will provide annual training to:

• All staff
• Administrators
• Investigators
• Interpreters involved in Title IX matters
• Students (age-appropriate)

Training will include:

• Title IX responsibilities
• Reporting procedures
• ADA/Section 504 accommodations
• Trauma-informed communication
• Accessibility for deaf and hard of hearing individuals
• Confidentiality and FERPA requirements

Training materials will be posted publicly as required by law.

VII. Records and Documentation

ENCSD will maintain all Title IX records as required by the NC Functional Schedule, including:

• Reports
• Supportive measures
• Investigations
• Determinations
• Appeals
• Training materials
• ADA accommodations provided

Records will be stored consistent with NC Functional Schedules and FERPA protections.

VIII. Policy Review

This policy will be reviewed at least annually or more frequently if federal or state regulations change, including updates released by NCDPI, NC OSHR, and the US Department of Education.

Legal References

• Title IX (20 U.S.C. § 1681)
• Title VI of the Civil Rights Act
• ADA (Titles I & II)
• Section 504
• IDEA
• FERPA
• Violence Against Women Act (VAWA)
• NC General Statutes Chapter 115C
• NCDPI Title IX and Civil Rights Guidance
• NC OSHR Employment Policies

NC DOA Statewide Discrimination/Harassment Policies

I. Purpose

ENCSD is committed to maintaining a safe, respectful, and inclusive environment free from sex-based discrimination—including sexual harassment and violence—in all school programs and activities. This policy outlines prohibited behaviors and the procedures for reporting and responding to Title IX complaints in compliance with:

• Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)
• 34 C.F.R. Part 106
• NCDPI Title IX regulatory guidance

ENCSD will respond promptly to all known or suspected instances of sexual harassment or discrimination.

II. Definitions

• Complainant: An individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment.
• Respondent: The individual reported to be the perpetrator of such conduct.
• Title IX Sexual Harassment includes:
  1. Quid pro quo harassment: conditioning educational benefits on sexual acts.
  2. Hostile environment: unwelcome conduct, based on sex, so severe, pervasive, and objectively offensive that it limits participation in school programs or employment. 
  3. VAWA Offenses: sexual assault, dating/domestic violence, and stalking.
• Supportive Measures: Non-disciplinary, non-punitive assistance offered to Complainants or Respondents, such as counseling, schedule changes, or no-contact orders.
• Formal Complaint: A document filed by a Complainant or Title IX Coordinator initiating a grievance process.
• Actual Knowledge: When any employee or school official learns of possible Title IX harassment.

III. Scope

This policy applies to:

• All ENCSD programs and activities, on or off campus, including boarding.
• All students, staff, volunteers, and third parties.
• All employees—both licensed and classified—are mandatory reporters.

IV. Prohibited Conduct

ENCSD prohibits:

1. Quid pro quo harassment by school employees.
2. Creation of a hostile environment through persistent, unwelcome, sex-based conduct.
3. VAWA offenses: sexual assault, dating violence, domestic violence, stalking.
4. Retaliation against anyone exercising rights or participating in investigations.

V. Reporting Requirements

• Who must report: All employees and school officials with actual knowledge.
• How to report:
  • Contact the Title IX Coordinator verbally or in writing.
  • Use school email, phone, or designated reporting form.
• Initial actions:
  • Title IX Coordinator offers Supportive Measures within 3 school days of notice.
  • If a Formal Complaint is filed, initiate a Title IX formal grievance process.
• No confidentiality guarantee— Equity and safety require disclosure to appropriate staff.

VI. Grievance Process Overview

Following a Formal Complaint, ENCSD will:

1. Determine if the complaint falls under Title IX criteria.
2. Provide Written Notice to both parties.
3. Offer opportunity for informal resolution, if appropriate and chosen by both parties.
4. Conduct a prompt, impartial investigation by trained personnel.
5. Issue a written determination, based on a preponderance of evidence.
6. Inform parties of appeals rights and process limitations.

This process follows NCDPI’s Title IX procedural guidance.

VII. Supportive Measures

Available to both Complainants and Respondents, such as:

• Class or housing reassignment
• No-contact directives
• Counseling referrals
• Academic or workplace adjustments

These are offered regardless of whether the Formal Complaint proceeds.

VIII. Retaliation

ENCSD strictly prohibits retaliation against anyone who reports or participates in a Title IX process. Reporting retaliation should be directed to the Title IX Coordinator or HR.

IX. Training & Notice

• Staff receive annual training on definitions, policy, and reporting obligations.
• Title IX Coordinators and investigators are trained annually on investigative procedures. 
• Policy, Coordinators’ contact info, and process details are posted on ENCSD’s website and staff/student handbooks.

X. Recordkeeping

• Maintain all documentation—reports, communications, investigation records, remedies—for at least 7 years as required by federal regulation. 

XI. Confidentiality

ENCSD will protect privacy to the best extent possible, sharing information only with those needing to know to manage the complaint and provide remedies.

Legal References

• Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681)
• 34 C.F.R. Part 106
• Violence Against Women Act (VAWA)
• Title VII Civil Rights Act
• NACPS Stds. for Non-Discrimination core-docs.s3.us-east-1.amazonaws.comocrcas.ed.gov+1ed.gov+1ncpschools.net
• NCDPI Title IX Guidance
• DASH: Davis v. Monroe County (student-on-student liability) ednc.org+2dpi.nc.gov+2southernequality.org+2
• ENCSD Policies: 1710/4020/7230, 7300, 7310, 7340, 7510

XIV. Annual Acknowledgement

All staff must review this policy annually and sign an acknowledgment. Records of compliance are kept in HR records.

Purpose

ENCSD wants to create a fair and respectful workplace.  We believe all employees should feel heard and be treated fairly.  ENCSD prohibits discrimination based on disability and provides accessible grievance procedures per the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

Definitions

• Disability: Physical or mental impairment substantially limiting major life activities
• Reasonable Accommodation: Workplace modifications enabling disabled employees to perform essential job functions.
• Grievance: Formal complaint about employment conditions, discrimination, or policy violations
• Non-Retaliation: Protection against adverse actions for filing good-faith complaints
• Confidentiality: Limited information sharing during investigations

I.  This Policy Covers

This policy applies to all ENCSD employees:

• Permanent (full-time or part-time)
• Probationary/temporary
• Contracted (if covered by ENCSD terms)

This policy does not cover students or parents/guardians. They have different ways to share concerns.

II. What You Can Report

You may file a grievance about:

• Disability discrimination
• Denial of reasonable accommodations
• Harassment/bullying (ENCSD Policy 1710/4021/7230)
• Unsafe working conditions
• Violations of ADA/Section 504

III. Grievance Process

Step 1 - Informal Resolution

• Discuss concern with your supervisor within 15 working days of the incident.
• Your supervisor must document discussion and attempt resolution

Step 2 - Formal Written Grievance

• Submit to HR within 10 working days if unresolved
• Include the following in your written grievance:
  • Nature of discrimination
  • Requested accommodation (if applicable)
  • Relevant Evidence

Step 3 – HR Investigation

• HR schedules a meeting within 5 working days
  • ADA Accommodation Available: Request interpreter
• Confidential investigation completed within 30 days
• Written decision provided within 10 days post-investigation

Step 4 – Appeal

• File written appeal to Superintendent within 10 days of decision
• Final ruling within 15 working days

IV. Critical Protections

Non-Retaliation Clause – No employee shall face retaliation for good-faith grievance participation.  Violators will be subject to disciplinary action under ENCSD policy 1760/7280.

Confidentiality – All proceedings will be kept confidential except as required by law or operational necessity.

Accessibility – Communication accommodations will be provided to you throughout the process upon request.

V. Supervisor Responsibilities

1. Document all disability accommodation requests
2. Ensure immediate HR referral for discrimination complaints
3. Enforce non-retaliation compliance

VI. Recordkeeping

• Grievance records are retained per:
  • NC Department of Natural and Cultural Resources
  • OSHR Policy 1
  • ADA documentation requirements

Legal References

• Americans with Disabilities Act (42 U.S.C. § 12101)
• Section 504, Rehabilitation Act (29 U.S.C. § 794)
• NC General Statutes § 168A (Persons with Disabilities Protection Act)
• OSHR Policy 1 (Equal Employment Opportunity)

Title IX Grievance Form

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is a federal law that prohibits discrimination based on the gender of students and employees of educational institutions which receive federal financial assistance.  UCA Board Policy No. 426, Title IX Sexual Harassment, prohibits sexual discrimination in the form of sexual harassment, sexual assault, stalking, domestic violence, dating violence, and unauthorized distribution of sexual images or recordings. 

This form complies with US Department of Education requirements, but it is not the only way in which an individual may submit a formal complaint.  The formal complaint must be in writing, and signed by the Complainant, but can be in any form.  If there is a procedural deficiency with any formal complaint form, the Title IX Coordinator will notify the Complainant of the deficiency and allow the correction of the formal complaint prior to filing.  

When this form has been completed and signed by you, and then signed by the Title IX Coordinator, your complaint has been properly received and noted by ENCSD. The Title IX Coordinator will provide you with a copy of this form as well as complete information about the Title IX complaint process.

Overview of the Title IX Grievance Process

1. Filing a Formal Complaint
   • Any student, employee, or applicant who believes they have experienced sexual harassment or sex-based discrimination may file a formal complaint.
   • The complaint must be submitted in writing (using the attached form or in another written format) to the Title IX Coordinator, either in person, by mail, or by email.
   • A parent/guardian may file on behalf of a minor student.
   • The Title IX Coordinator may also sign a formal complaint if necessary to protect the school community.
2. Notice of Allegations
   • Upon receipt of a formal complaint, both the complainant and respondent will receive written notice of:
     • The allegations (including the identities of the parties, the conduct alleged, and the date/location of the incident)
     • The grievance process and their rights (including the right to an advisor)
     • The presumption of non-responsibility until the process concludes
     • The opportunity to review and respond to evidence.
3. Investigation
   • An impartial investigator will conduct a thorough investigation, including interviews and evidence collection.
   • Both parties may present evidence and identify witnesses.
   • Both parties will have equal opportunity to inspect and review all evidence directly related to the complaint before the investigation concludes.
4. Review of Investigation Report
   • Both parties receive a draft investigation report and have at least 10 business days to review and respond in writing.
5. Live Hearing (if required)
   • ENCSD will conduct a live hearing for student or employee cases, where each party’s advisor may cross-examine the other party and witnesses.  A parent/legal guardian may attend with the student.  Interpreters will be made available for all parties involved in the investigation as required by the ADA.
   • The decision-maker will not rely on statements from any party or witness who does not submit to cross-examination.
6. Determination of Responsibility
   • After the hearing, the decision-maker issues a written determination regarding responsibility, including findings of fact, conclusions, rationale, and any disciplinary sanctions or remedies.
   • Both parties receive the written determination.
7. Appeal
   • Either party may appeal the determination or dismissal of a complaint on specific grounds (procedural irregularity, new evidence, or conflict of interest).
   • Appeals must be submitted in writing within five business days of receiving the determination.
8. Final Resolution
   • The appeal decision is final. Both parties are notified in writing of the outcome.
9. Recordkeeping
   • ENCSD will maintain records of each complaint, investigation, hearing, determination, appeal, and any supportive measures for at least seven years, as required by law.

Title IX Grievance Form

Instructions:
Complete and submit this form to the ENCSD Title IX Coordinator in person, by mail, or by email. 

Cheryl Iannucci – ENCSD Superintendent

Telephone number: 252-206-7342

Email: cheryl.iannucci@encsd.k12.nc.us

Address: Eastern North Carolina School for the Deaf

1311 US-301S

Wilson, NC 27893

A parent/guardian may file on behalf of a minor.
(Alternatively, a written statement containing the same information may be submitted.)

My current status at Eastern North Carolina School for the Deaf:

☐ Student      ☐ Staff Member       ☐ Other

Type of Title IX Sexual Harassment:

☐ Sexual Harassment         ☐ Sexual Assault     ☐ Domestic Violence

☐ Stalking     ☐ Unauthorized Distribution of Sexual Images or Recordings

☐ Other: 

Purpose

ENCSD is committed to maintaining a safe, respectful, and inclusive educational and workplace environment.  Students, employees, families, and community members must be able to raise concerns, report misconduct, and participate in investigations without fear of reprisal.  Retaliation against any individual for engaging in protected activities is strictly prohibited and will not be tolerated.

Any form or retaliation against an individual who, in good faith, reports misconduct, participates in an investigation, hearing, or inquiry, or exercises any right protected by law or ENCSD policy is a serious violation of school standards. ENCSD will take prompt, fair, and appropriate action against individuals found to have engaged in retaliatory conduct.

This policy is adopted in accordance with Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the North Carolina Whistleblower Act (N.C.G.S. § 115C-407.15 et seq.), and all applicable federal and state laws and regulations.

Definitions

• Retaliation: Any adverse action taken against a person because they engaged in a protected activity, including but not limited to reporting misconduct, filing a complaint, participating in an investigation, or asserting rights under the law or ENCSD policy. Examples include demotion, denial of benefits, harassment, intimidation, exclusion, disciplinary action, threats, or termination.
• Protected Activity: Any activity that is protected under law or policy, including:
  • Reporting suspected violations of law or policy
  • Reporting discrimination, harassment, bullying, or other prohibited conduct
  • Participating in or cooperating with an investigation or proceeding
  • Filing grievances or exercising any rights under state or federal law
• Good Faith Report: A report made with an honest and reasonable belief that a violation has occurred, even if that report is later found to be unsubstantiated.

I.  This Policy Covers

This policy applies to:

• All ENCSD employees (full-time or part-time)
• Students
• Parents/Guardians
• Volunteers
• Contractors
• Any individuals or entities conducting business with or on behalf of ENCSD

II. Prohibited Conduct

ENCSD prohibits any individual from retaliating against another person for:

• Filing a complaint or report of misconduct (e.g., discrimination, harassment, bullying, fraud, abuse) as protected by Title VII, Title IX, Section 504, ADA, FMLA, and state law.
• Participating in an investigation, grievance process, hearing, or court proceeding under any applicable law or ENCSD policy.
• Providing truthful information in connection with an inquiry or proceeding.
• Advocating for their own or another’s rights under applicable laws or ENCSD policies.

III. Accessibility and Language Access

ENSD recognizes the importance of accessible communication.  ASL interpreters and other language access services will be made available, as appropriate, to ensure that all individuals, including students, employees, families, and community members, are able to fully participate in reporting, investigation, and resolution processes as required by Section 504 of the Rehabilitation Act, the ADA, and Title VI of the Civil Rights Act.

IV. Reporting Retaliation

Any person who believes they have experienced retaliation or has observed retaliation against another individual should report the concern to:

• Their immediate supervisor (for staff)
• The Principal or program administrator (for students or families)
• ENCSD’s Human Resources office
• ENCSD Title IX Coordinator

Reports may also be made anonymously; however, anonymous reports may limit ENCSD’s ability to investigate fully.  Individuals are protected from retaliation under Title VII Title IX, Section 504, ADA, FMLA, the North Carolina Whistleblower Act, and the North Carolina School Violence Protection Act.

V. Investigation and Response

• All complaints of retaliation will be taken seriously and investigated promptly, thoroughly, and impartially in accordance with applicable ENCSD procedures and due process requirements.
• Where retaliation is substantiated, corrective and/or disciplinary actions will be taken, up to and including termination or expulsion, consistent with due process rights.
• ENCSD will take appropriate steps to protect individuals from further retaliation during and after the investigation.

VI. False Allegations

While ENCSD encourages the reporting of legitimate concerns, knowingly making false or malicious allegations of retaliation is a violation of this policy and may result in disciplinary action.

VII. Training and Communication

ENCSD will provide regular training and support to staff and students on their rights and responsibilities under this policy.  Training will include information on legal protections against retaliation under federal and state law, and on the availability of ASL interpreters and other language access services. This policy will be reviewed and updated as needed to ensure ongoing compliance with applicable laws and best practices.

Legal References

• Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq; 29 CFR Part 1604)
• Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.; 34 CFR Part 106)
• Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.; 28 CFR Part 35)
• Section 504 of the Rehabilitation Act of 1973 (29 U.S,C, § 794;34 CFR Part 104)
• Family and Medical Leave Act (29 U.S.C. § 2601 et seq.; 29 CFR Part 825)
• North Carolina Whistleblower Act (N.C.G.S. § 126-84 et seq.)
• North Carolina School Violence Prevention Act (N.C.G.S. § 115C-407.15 et seq.)
• North Carolina False Claims Act (N.C.G.S. § 1-605 et seq.)
• State Board of Education Policies (NCDPI)
• OSHR Workplace Violence and Anti-Retaliation Guidelines
• U.S. Department of Education, Office for Civil Rights (OCR) Regulations (34 CR 100.7€, 34 CFR 106.71, 34 CFR 104.61, 28 CFR 35.134, 34 CFR 110.34)