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

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

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.

1. Purpose

To provide a safe, accessible, and positive educational environment that is free from weapons and explosives, in strict compliance with North Carolina law, federal requirements (including the Gun-Free Schools Act and the ADA), and NCDPI guidance.

2. Definitions

• Weapons: Any firearm (including guns, rifles, pistols), BB gun, air gun, stun gun, bowie knife, dirk, dagger, slingshot, switchblade, leaded cane, blackjacks, metallic knuckles, razors (except those solely for shaving), or other devices intended for or capable of inflicting serious harm,  This includes any sharp-pointed or edged instrument except for unaltered nail files/clips and tools used solely for food preparation, instruction, or maintenance.  Personal defense sprays (e.g., pepper spray, mace) are considered.
• Explosive: Any device or material capable of causing an explosion, including but not limited to dynamite, bombs, grenades, blasting caps, mines, powders, fireworks, or other powerful explosive substances as defined in G.S. 14-2841.1 and federal statutes.
• School Property: Any ENCSD building, bus, campus, recreational area, athletic field, or other property owned, used, or operated by the school, including sites of curricular or extracurricular activities.

3. Prohibition

• All weapons are prohibited on school property, including firearms with a permit, at any school-sponsored event (curricular or extracurricular).
• Simulated weapons, look-alike explosives, or items intended to cause a disturbance or alarm are also prohibited. 
• Any knowledge or suspicion of a weapon or explosive on campus should be reported immediately to school administration or law enforcement as required by law.

4. Exclusions

• This policy does not prohibit the lawful possession of an assistive device required by student’s IEP plan, unless the device is a weapon or explosive.
• Temporary exceptions for instructional purposes (e.g., tool for a supervised class project) may be granted only with the written approval of the Principal and must be in strict compliance with all safety protocols, under direct adult supervision.
• This policy does not interfere with law enforcement officers acting in an official capacity.

5. ADA Considerations

• For the safety and equitable treatment of all deaf and hard of hearing students, all emergency warnings related to weapons or explosives will include visual alarms (text messages) as required by ADA and Section 504 (ADAAG § 4.1.3(14), §4.28)
• Any disciplinary process will include accessible communication methods (e.g., interpreters, captioning, plain-language notices) to ensure that students and families with hearing loss fully understand proceedings and their rights under the law.
• Accommodations will never require or allow possession or simulation of weapons or explosives for any student.

6. Consequences

• Any person in violation of this policy is subject to disciplinary action, up to and including expulsion for students, or termination/dismissal for employees, as well as referral to law enforcement as require by the Gun-Free Schools Act and North Carolina statutes.
• Confiscation of the weapon or explosive and immediate removal from campus will occur.

7. Notification, Training, and Review

• This policy will be distributed annually; staff and students will receive training regarding prohibited items, emergency procedures accessible to all, and reporting requirements in accordance with ADA effective communication standards.
• The policy will be reviewed yearly by ENCSD administration for continued alignment with legal requirements and best practices.

8. Legal References

• North Carolina General Statutes §§ 14-269.2, 14-284.1
• Gun-Free Schools Act of 1994, 20 U.S.C. § 7151
• Americans with Disabilities Act (ADA) 28 CFR § 35.151, § 35.164
• Section 504 of the Rehabilitation Act
• North Carolina Department of Public Instruction Guidance

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)

Purpose:

The Eastern North Carolina School for the Deaf (ENCSD) is committed to maintaining a safe, respectful, and professional environment for all students. Employees are expected to establish and maintain appropriate, ethical relationships with students at all times, both on and off campus and during or outside of work hours. This policy sets clear expectations to prevent any form of inappropriate behavior or boundary violations between staff and students and ensures compliance with all federal and state laws.

Definitions:

• Employee/Staff: Any person employed by ENCSD in any capacity, including full-time, part-time, temporary, substitute, contractors, or volunteers who have direct contact with students.
• Student: Any individual enrolled in ENCSD programs or activities, regardless of age.
• Inappropriate Relationship: Any interaction between staff and students that violates professional boundaries or ethical standards, including romantic, sexual, or exploitative behavior.
• Grooming Behavior: Actions by an employee intended to establish an inappropriate emotional or physical connection with a student, including excessive attention, favoritism, or gift-giving that could be used to manipulate or exploit the student.
• Professional Boundaries: The ethical and appropriate limits that govern interactions between staff and students to ensure a safe and respectful educational environment.
• Mandated Reporter: An employee required by law to report suspected child abuse, neglect, or misconduct to appropriate authorities in accordance with N.C. General Statute § 7B-301 and related statutes.

School-Approved Communication Channels: Official platforms and tools designated by ENCSD for communication with students, such as school email, educational software, or supervised social media groups.

I. Prohibited Conduct

Employees are strictly prohibited from engaging in the following:
 

1. Romantic or Sexual Relationships:
   • Any romantic or sexual interaction, solicitation, or relationship between a school employee and a student is strictly prohibited, regardless of the student’s age or the legality of the conduct under criminal or civil law. Such conduct constitutes misconduct and grounds for dismissal.
2. Inappropriate Communication:
   • Sending, receiving, or soliciting sexually explicit, suggestive, or otherwise inappropriate written, visual, or electronic communications, including texts, emails, videos, or social media messages.<
3. Favoritism or Grooming Behavior:
   • Excessive attention, gift-giving, special treatment, or physical contact that could be interpreted as grooming behavior.
4. Private Meetings or Contact Without Educational Justification:
   • Meeting a student in private settings, transporting a student without prior administrative and parental approval, or initiating contact outside school hours for non-school-related matters.
5. Use of Personal Technology for Non-Educational Communication:
   • Using personal phones, social media, or messaging platforms to communicate with students for reasons not directly related to schoolwork or official ENCSD activities, unless expressly authorized by administration.

II. Expectations for Professional Boundaries

All staff are expected to:

1. Maintain Professionalism:
   • Interact with students in ways that are respectful, appropriate, and clearly related to the student’s educational development.
2. Use School-Approved Channels of Communication:
   • When communicating with students, use school-issued email accounts or approved educational platforms and maintain transparency by copying supervisors and/or parents/guardians as appropriate.
3. Report Suspected Violations:
   • In accordance with N.C. Gen. Stat. § 7B-301, 115C-325 to 115C-337, OSHR regulations, and DPI policy, staff are mandated reporters and must immediately report any suspected abuse, neglect, or misconduct involving students, including inappropriate staff-student interactions, to the ENCSD Social Worker.
   • The ENCSD Social Worker must notify the ENCSD Superintendent.
   • Cooperate fully and truthfully in any internal or external investigation related to suspected staff-student misconduct.
4. Training and Compliance:
   • ENCSD will provide annual training on professional boundaries, mandated reporting, and electronic communications with students.
   • Training will be provided in accessible formats, including sign language interpreters or captions as needed.
   • ll employees are required to participate in and complete such training as a condition of continued employment or service.

III. Investigations and Discipline

1. Reporting Process:
   Reports of suspected violations shall be made to the School Social Worker who will follow the procedures set forth in Student Protection and Mandated Reporter policy (Policy 4240/7312).
2. Investigation:
   ENCSD will promptly investigate all reports fairly and confidentially, following OSHR disciplinary processes and the requirements of Title IX, if applicable. Interpreters will be provided for all participants who are Deaf or Hard of Hearing during investigative interviews.
3. Disciplinary Action:
   Violation of this policy may lead to corrective action ranging from reprimand to termination of employment consistent with OSHR disciplinary procedures and applicable state and federal law.
4. Notification of Authorities:
   Serious violations involving potential criminal conduct will be referred immediately to law enforcement and child protective services as required by law.

IV. Additional Provisions

1. Protection from Retaliation:
   ENCSD prohibits retaliation against anyone who reports misconduct in good faith or participates in investigations. Any act of retaliation will result in disciplinary action.
2. Annual Acknowledgment:
   All employees must sign an annual acknowledgment confirming their understanding and compliance with this policy, OSHR Code of Ethics, and DPI rules on staff conduct.<
3. Accommodations for Deaf and Hard of Hearing Stakeholders:
   ENCSD will provide reasonable accommodations, including sign language interpreters and accessible communication, for all students, employees, and families involved in the reporting, investigation, or training process.

V. Accessibility Statement

ENCSD is committed to ensuring that all students, staff, and families—regardless of hearing status—have equal access to information, reporting mechanisms, investigations, and training. Accommodations, including sign language interpreters and accessible communication, will be provided as needed throughout all processes described in this policy.

Legal and Regulatory References

• N.C. Gen. Stat. §§ 7B-301 (Duty to Report Child Abuse, Neglect, Dependency, or Death)
• N.C. Gen. Stat. §§ 14-27.32 (Sexual Activity with a Student)
• N.C. Gen. Stat. §§ 115C-325 to 115C-337 (School Personnel)
• N.C. Gen. Stat. §§ 126-16 et seq. (OSHR Personnel Act)
• NC OSHR Policy 5A.0100 (Code of Ethics and Standards of Conduct)
• NC OSHR Policy 5B.0300 (Prohibited Personnel Practices)
• NC DPI Policy 4040/7310 and 4240/7312 (Employee Conduct and Child Abuse Reporting)
• Title IX of the Education Amendments of 1972 (20 U.S.C. §1681 et seq.)

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, respectful, and nurturing learning environment for every student. ENCSD follows all federal and state laws, including the Child Abuse Prevention and Treatment Act (CAPTA), and North Carolina General Statutes §§ 7B-301, 14-318.6, 115C-400. We take all necessary steps to prevent, recognize, and respond to any reports or suspicions of child abuse, neglect, dependency, maltreatment, or exploitation. This policy explains our procedures, responsibilities, and protections, and ensures everyone understands their rights.

II. Definitions

• Abuse: Intentionally causing physical injury, emotional harm, sexual abuse, or cruel punishment to a student (§ 7B-101).
• Neglect: Failing to provide needed care, supervision, or basic needs (food, shelter, medical care) that results in harm or risk of harm (§ 7B-101).
• Exploitation: Using a student or their resources for someone else’s benefit, illegally or unfairly (§ 7B-101).
• Dependency: When a student needs help or placement because they are not getting proper care or supervision (§ 7B-101).
• Employee: Anyone who works at ENCSD, including full-time, part-time, permanent, temporary staff, volunteers, and contractors who interact with students (§ 115C-332).

III. Duty to Report

1. General Rule
   Any ENCSD employee who suspects or becomes aware of child abuse, neglect, dependency, maltreatment, or exploitation must report it immediately.

• Who to Report To:
  • Director of Social Services (DSS) in the county where the child lives or is found (§ 7B-301).
  • School Social Worker
    • The school Social Worker will inform the Principal for reports occurring outside of ENCSD
    • The school Social Worker will inform the Superintendent for reports occurring inside of ENCSD
  • Law Enforcement if the situation involves a violent crime, sexual offense, or child abuse (§ 14-318.6).
• How to Report:
  • Oral Report: Call or tell the agency in person as soon as possible.
  • Written Report: Follow up with a written report right away.
• If you are not sure: Always report if you are unsure. It is better to report than to wait.

Accommodations:
If you are Deaf or hard of hearing, you may request an interpreter for reporting or communicating with DSS, law enforcement, or school officials. ENCSD will provide an interpreter at no cost.

2. Special Situations

• Child Care Facilities: If suspected harm happened in a childcare program (including preschools run by the school), also report to the Department of Health and Human Services, Division of Child Development and Early Education (DCDEE).
• Internal Reporting: Always tell the principal or designated school official right away.

IV. Reporting Procedures

1. Immediate Oral Report: to DSS, law enforcement (when required), and the school social worker.
2. Written Report: Follow up with a written account as soon as possible.
3. Information to include:
   1. Name, address, and age of the juvenile
   2. Name and address of the juvenile’s parent, guardian, custodian, or caretaker
   3. Name, address, and age of the person who committed the offense (if known)
   4. Location where the offense was committed
   5. Names and ages of other juveniles present or in danger
   6. Present whereabouts of the juvenile
   7. Nature and extent of any injury or condition resulting from the offense or abuse
   8. Any other information believed to be helpful

Accommodations:
If you need help making a report because of communication barriers, ENCSD will provide an interpreter or other support.

V. Cooperation with Investigations

• Work with Investigators: ENCSD employees must cooperate fully with DSS, law enforcement, and DCDEE.
• Student Interviews: Students may be interviewed by investigators. An interpreter will be provided for the student.
• Confidentiality: All information is kept private and shared only with those who need to know.

VI. Confidentiality

All reports and investigations are confidential. Information is shared only with people directly involved in the investigation or as required by law.

VII. Protection Against Retaliation

ENCSD will not punish anyone who reports suspected abuse, neglect, or exploitation in good faith. Anyone who retaliates will face disciplinary action (§ 115C-307).

VIII. Employee Investigations

When an employee is alleged to be involved in abuse, neglect, or exploitation of a student, ENCSD shall take the following steps:

1. Immediate Action
   • The employee may be reassigned or placed on administrative leave during the investigation to ensure student safety and integrity of the process.
2. Investigation Process
   • The Superintendent and the Director of Human Resources will jointly conduct a timely and thorough internal investigation.
   • The investigation may include interviews with the student, parents/guardians, witnesses, and the accused employee.
   • All findings shall be documented and reviewed in a written report.
3. Cooperation with External Agencies
   • ENCSD shall fully cooperate with DSS, law enforcement, and other relevant agencies conducting independent investigations.
4. Outcome and Disciplinary Action
   • If misconduct is substantiated, appropriate disciplinary action shall be taken, up to and including dismissal.
   • Disciplinary actions will be in accordance with all applicable OSHR Policies.
   • The Superintendent shall report the findings to the North Carolina Department of Public Instruction when required, especially if the employee holds a professional educator license. 

Accommodations:
If the accused employee is Deaf or hard of hearing, an interpreter will be provided for all meetings and interviews.

IX. Training and Prevention

All ENCSD employees shall receive annual training on:

• Recognizing signs of abuse, neglect, and exploitation;
• The legal duty to report;
• Procedures for making a report; and
• Procedures for cooperating with investigations.

The school shall also implement age-appropriate instruction to help students recognize inappropriate behavior and report concerns.

Accommodations:
Training will be provided in accessible formats, including sign language interpreters or captions as needed.

X. Recordkeeping and Reporting Requirements

ENCSD will maintain secure records of all reports, investigations, and outcomes related to suspected abuse, neglect, or exploitation. The Superintendent shall ensure that all required reports to NCDPI or other regulatory bodies are submitted in a timely and accurate manner.

XI. Legal and Policy References

• Federal Law: Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. § 5101
• North Carolina General Statutes: §§ 7B-101, 7B-301, 14-318.6, 115C-307, 115C-400, 115C-402

(Aligned to the Children's Internet Protection Act (CIPA) [Pub. L. No 106-554 and 47 USC 254(h)])

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, respectful, and secure online environment for all students. This policy establishes guidelines for internet safety, ethical digital behavior, and measures to prevent and respond to cyberbullying and harassment in compliance with federal and state laws, including G.S. § 115C-102.10 and the Children’s Internet Protection Act (CIPA).

II. Definitions

• Cyberbullying: The use of electronic communication to harass, intimidate, or harm an individual.
• Inappropriate Material: Content that is obscene, depicts child pornography, or is harmful to minors as defined by the Children's Internet Protection Act (CIPA).
• Unauthorized Access: Any attempt to access restricted data, systems, or networks without permission.
• Deepfakes: Digitally altered media, including images, audio, and videos, that manipulate reality in a misleading or deceptive manner, often using artificial intelligence.
• Social Media Platform: Any platform or application that allows users to create and share content publicly or privately.

III. Policy Requirements

A. Internet Safety Measures

ENCSD shall adopt, implement, and maintain an internet safety policy that does the following:

1. Limit Access to Age-Appropriate Content: Limit student access to only age-appropriate subject matter and materials on devices or internet services.
2. Protect Communication Security: Protect the safety and security of students when access email, chat rooms, and other forms of electronic communication.
3. Prohibit Unauthorized Access: Prohibit and prevent unauthorized access by students to data or information maintained by ENCSC, including “hacking” and other unlawful online activities.
4. Prevent Personal Information Disclosure: Prevent access to websites, web applications or software that do not protect against disclosure, use, or dissemination of a student’s personal information.
5. Prohibit Social Media Access: Prohibit and prevent students from accessing social media platforms, except when expressly directed by a teacher solely for educational purposes.
6. Implement CIPA Technology: Implement and maintain technology protection measures to block inappropriate material (obscene, child pornography, or harmful to minors) in compliance with CIPA.
7. Staff Supervision: Provide supervision and monitoring of student internet use by ENCSD staff.
8. CIPA Compliance: Conduct public notice and at least one public hearing before adopting or making significant changes to this policy, per CIPA requirements.

B. Internet Safety Education

ENCSD shall provide age-appropriate internet safety training as part of the standard course of study, including:

• General Safety and Cyberbullying: Safet internet practices, cyberbullying awareness and response, and responsible use of electronic communication.
• Deepfakes and Media Literacy: Education on deepfakes, misinformation, and media literacy to help students critically evaluate online content.
• Mandated Social Media and Health Instruction: Instruction on social media and its effects on health (social, emotional, and physical), provided:
  • Once during elementary school
  • Once during middle school
  • Twice during high school
  • This instruction must cover:
    • Negative effects on mental health (including addiction)
    • Misinformation distribution
    • Manipulative behavior methods
    • The permanency of online information
    • Maintaining personal security
    • How to identify cyberbullying/predatory behavior/human trafficking
    • How to report suspicious behavior

IV. Bullying and Harassment Prevention

A. Definition

Bullying and harassment involve repeated verbal, written, electronic, or physical behavior that:

• Causes fear of harm to a student or employee.
• Creates a hostile environment that interferes with a student’s education.

Bullying may be motivated by characteristics such as race, gender, disability, or socioeconomic status.

B. Prohibited Conduct

The following behaviors are prohibited:

• Threats, intimidation, and abusive language
• Spreading false rumors
• Cyberbullying via text, social media, or email
• Use of deepfake technology to spread false or misleading information about students or staff
• Physical aggression (e.g., hitting, shoving, spitting)

V. Reporting and Investigation

1. Any student who experiences cyberbullying or harassment should report the incident to a teacher, counselor, or administrator. Anonymous reporting is available.
2. Employees who witness violations must report them immediately.
3. All reports shall be investigated within 24 hours by school administration.
4. Disciplinary actions will follow the ENCSD Code of Conduct and may include counseling, parental notification, and suspension.
5. Retaliation against individuals who report bullying is strictly prohibited.

VI. Compliance and Review

1. All ENCSD employees, students, and volunteers shall receive annual training on Internet safety and cyberbullying prevention.
2. ENCSD shall conduct annual policy reviews to ensure compliance with evolving state and federal laws, including NC DPI guidelines.
3. ENCSD shall maintain documentation of compliance with CIPA, including records of public notices, hearings, and technology protection measures.
4. The LAN Manager or designated representatives shall be responsible for implementing and managing technology protection measures.
5. This policy shall be incorporated into employee training materials, student codes of conduct, and school handbooks.

VII. Contact Information

For questions regarding this policy, please contact the ENCSD Administration Office.

Approval & Adoption: This policy is adopted in accordance with federal and state regulations and will be enforced across ENCSD.

Legal References:

• Children's Internet Protection Act (CIPA) [Pub. L. No. 106-554 and 47 USC § 254(h)]
• Protecting Children in the 21st Century Act
• Family Educational Rights and Privacy Act (FERPA)
• G.S. § 115C-407.5 (Related to Bullying and Harassment)
• G.S. § 115C-102.10 (Internet Safety Policy, enacted by S.L. 2025-38, § 1(a))
• G.S. § 115C-81.26 (Social media and mental health instruction, enacted by S.L. 2025-38, § 2(a))
• North Carolina Department of Public Instruction (NC DPI) CIPA Compliance Guidelines

Revision History:

1. Purpose

The purpose of this policy is to establish guidelines for the retention, maintenance, and disposition of records at ENCSD to ensure legal compliance, operational efficiency, and security. This policy aligns with the North Carolina Functional Schedule, the North Carolina Public Records Law (N.C.G.S. 132), including the publication requirements of G.S. § 115C-320 (S.L. 2025-73), the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA), and state cybersecurity regulations. 

2. Scope

This policy applies to all records, regardless of format (physical, electronic, audio, video, etc.), created, received, or maintained by all ENCSD departments and personnel, including but not limited to the following departments: Academics, Administration, Nutrition, Residential, Maintenance, Housekeeping, Business Office, Human Resources, Student Health Center, School Psychologist, School Social Worker, School Speech Pathologist, ENCSD Museum, and Information Technology.

3. General Records Management Guidelines

1. Retention and Disposition

• Retention Schedule
  • All records are to be retained in accordance with the North Carolina Functional Schedule.
  • If a specific state statute, federal regulation, or other legal requirement mandates a longer retention period than the functional schedule, that longer (or more restrictive) period governs.
• Category-specific Requirements.
  • Student Records: (Academic, Disciplinary, Health, IEPs, Residential) Retained permanently or as outlined in the schedule.  Compliance with FERPA is mandatory for all student data, and compliance with HIPAA is mandatory for all protected student health information (PHI).
  • Personnel Records: (Employment History, Benefits, Evaluations) Retained for 30 years after separation (N.C.G.S. § 126-22) to manage potential claims.
  • Financial Records: (Budgets, Audits, Payrolls) Retained for 5-10 years, depending on the document type, per N.C.G.S. § 132.3.
  • Facility and Safety Records: (Maintenance Logs, Incident Reports, Compliance Records) Retained per the schedule (often 5-25 years), based on regulatory risk and archival value.
  • Administrative Correspondence/General Reports: Retain for 3-5 years unless deemed historically or legally significant.
• Security and Storage
  • Digital Records: Use secure storage, with access controls, encryption where appropriate, and adherence to state cybersecurity policies.
  • Physical Records: Stored in secure, access-controlled areas to protect against unauthorized access, damage, or loss.
• Disposition/Destruction
  • When records reach the end of their retention period, they must be disposed of in a secure manner:
    • Physical records: shredding, incineration, or other secure destruction.
    • Electronic records: secure deletion, data wiping, or physical destruction of media.
  • Disposal must follow the procedures laid out in the functional schedule and any state archival or public records law requirements.

4. Public Records Access and Disclosure

1. Definition and Legal Bias
   • ENCSD considers any record made or received in connection with its public duties a public record, unless expressly exempted by state or federal law. 
2. Requests for Records
   • ENCS shall maintain a public records request process. Requests should be made in writing or documented by ENCSD personnel.
   • ENCSD should designate a Chief Recodes Compliance Officer responsible for handling requests, tracking them, and responding in compliance with the law.  This person may issue guidelines consistent with this policy.
   • If a request is denied, ENCSD must provide a written denial explaining the basis for withholding, referencing legal exemptions (e.g., FERPA, HIPPA, confidentiality).
3. Fees
   • ENCSD may charge fees for copying public records in accordance with applicable law (N.C.G.S. 132) and administrative guidelines.  Fees should reflect the actual cost of duplication, search, and redaction.
4. Compliance with G.S. § 115C-320 (As Amended by S.L. 2025-73)
   • In accordance with Section 2(b1) of S.L. 2025-73, ENCSD shall publish and maintain on its website, no later than August 15, 2025, and annually thereafter, the following for all “central office” employees:
     • Total compensation from all funding sources, including base salary, reimbursements, allowances, bonuses, deferred compensation, and other pay forms.
     • Position title and description of position.
     • The date the position was created in ENCSD.
     • The department, unit, or office in which the position resides.
     • The number of central office employees for each position title.
   • ENCSD must maintain internal records tracking the date and amount of each change (increase/decrease) in total compensation, promotions, demotions, suspensions, separations, and employment classifications per G.S. 115C-320.
5. ADA/Accessibility Requirements

Given that ENCSD is a school for the deaf and is itself a state agency, it must ensure that public records are accessible in a manner consistent with ADA Title II (public entity obligations) and Section 504, ensuring effective communication.  To that end:

• Any audio or video records made public must include closed captions, transcripts, or other equivalent alternatives.
  • Digital records must be compatible with assistive technologies and provided in accessible formats upon request.
  • The Chief Records Compliance Officer must respond to accessibility requests in a timely manner and provide alternate formats when necessary to ensure access.

5. Confidentiality and Privacy Protections

1. FERPA/Student Privacy
   • Student education records (including health, IEPs, disciplinary information) are protected under FERPA.  Any public release of student data must comply with FERPA regulations; personally identifiable information (PII) must not be disclosed without appropriate consent or legal exception.
2. HIPAA/Health Records
   • For student health records maintained by the Student Health Center (SHC), ENCSD must comply with HIPAA (as applicable), ensuring PHI is stored securely, disclosed only under permissible uses, and access is limited to authorized personnel.
   • Sensitive personal information (social security number, medical records, etc.) must be protected and not disclosed in public records, except where required by law.
3. Personnel Records/Privacy
   • ENCSD must manage employee personnel records consistent with NC OSHR policy, which outlines what is public vs confidential in personnel files.
   • Sensitive personal information (social security numbers, medical records, etc.) must be protected and not disclosed in public records, except where required by law.

6. Accountability, Oversite, and Review

1. Chief Records Compliance Officer
   • ENCSD shall designate a Chief Records Compliance Officer responsible for overseeing this policy’s implementation, ensuring compliance, training staff, and serving as the point of contact for records requests.
2. Departmental Responsibilities
   • Each department shall maintain a record log that includes:
     • Record type
     • Date of creation
     • Retention period
     • Person responsible
     • Planned disposition
   • Departments must review their record logs annually to ensure conformity with the Functional schedule.
3. Policy Review and Training
   • ENCSD leadership must review this policy at least annually and update it as needed to reflect changes in law, regulation, or internal practice.
   • ENCSD will provide annual training for staff on records management, public records law obligations, FERPA/HIPPA confidentiality, and ADA accessibility for records.
4. Reporting
   • The Chief Records Compliance Officer shall produce an annual compliance report to be submitted to the Superintendent, including outstanding public records requests, denials, appeals, and accessibility accommodation requests.

VII. Legal References 

• North Carolina Public Records Law, N.C.G.S. Chapter 132
  • North Carolina Functional Schedule for Local and State Agencies
  • G.S. § 115C-320 (as amended by S.L. 2025-73 / SB 375) — Publication and inspection of central-office employee compensation and personnel data North Carolina General Assembly
  • Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g)
  • Health Insurance Portability and Accountability Act (HIPAA) (45 CFR Parts 160 & 164)
  • NC OSHR Personnel Records Policy (in accordance with G.S. 126-4, Article 7) OSHR NC
  • Americans with Disabilities Act (ADA), Title II (public entities)

Revision History:

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) recognizes the importance of providing employees with leave options to attend to personal, civic, and professional responsibilities while maintaining an effective instructional program for students. Employees will not be subject to termination, demotion, or other adverse employment actions for taking leave in compliance with board policies and administrative procedures.

All leave requests, whether paid or unpaid, must adhere to state and federal laws and policies set forth by the North Carolina Department of Public Instruction (NCDPI), including the most current version of the North Carolina Public Schools Benefits and Employment Policy Manual, available at:
https://www.dpi.nc.gov/districts-schools/districts-schools-support/district-human-capital/employee-policy

This policy supplements, rather than replaces, applicable legal requirements. If any state or federal law or regulation conflicts with existing ENCSD or State Board policies, this policy will be modified as necessary to ensure compliance.

II. Definitions

For purposes of this policy, the following terms are defined as follows:

• 126 Employee: An employee subject to the North Carolina Human Resources Act (N.C.G.S. Chapter 126), typically administrative, clerical, or support staff.
• 115C Employee: A licensed or certified employee serving in a public-school capacity, including teachers and instructional support staff, governed under Chapter 115C of the North Carolina General Statutes.
• Permanent Full-Time Employee: An employee regularly scheduled to work 40 hours per week for at least nine (9) months in a calendar year.
• Immediate Family Member: Includes spouse, parent, child, sibling, grandparent, grandchild, or in-law equivalent of any of these relationships.
• FMLA: The Family and Medical Leave Act, which provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons.
• Excessive Absences: More than 10 unapproved absences in a school year, or a recurring pattern of absences that negatively impacts job performance.
• Tardiness: Arriving late to work beyond the scheduled start time without prior approval or valid reason.
• Compensatory Time (Comp Time): Time off earned by non-exempt employees in lieu of overtime pay for hours worked beyond 40 in a workweek, as allowed under the Fair Labor Standards Act.
• Personal Observance Day: A full day of leave designated by the employee for a day of personal religious or cultural significance, in accordance with state law.
• Voluntary Shared Leave: A program that allows employees to donate earned leave to fellow employees experiencing a serious medical hardship, administered under state policy.

III. Employee Classifications

Employees at ENCSD are classified under two primary categories based on North Carolina General Statutes:

A. 126 Employees (State Human Resources Act Employees)

These employees are subject to the North Carolina Human Resources Act and typically include administrative, clerical, and support staff. Leave is accrued according to the North Carolina State Human Resources policy, based on years of service.

B. 115C Employees (Certified Public-School Employees)

These include teachers, instructional support staff, and other school-based employees. Leave accrual and usage follow state public school guidelines and the academic calendar.

IV. General Leave Guidelines

A. Minimum Leave Time

Leave may be taken in hourly increments unless otherwise specified.

B. Continuous Leave of More Than 10 Days

Employees requesting more than ten (10) consecutive days of leave must follow the Family and Medical Leave Act (FMLA) requirements, including appropriate notice and verification.

V. Leave Categories

A. Sick Leave

• Permanent full-time employees earn one (1) sick day per month. Part-time employees accrue leave on a pro-rata basis.
• Sick leave may be used for:
  • Personal illness or medical appointments
  • Illness or death in the immediate family (spouse, parent, child, grandparent, sibling, or in-law)
• A physician's certificate may be required.
• Falsified sick leave statements are grounds for dismissal.
• Employees must notify supervisors as early as possible, and no later than 1.5 hours before their start time unless there is an emergency.
• Sick leave from another NC public school system may be transferred with notarized verification.

B. Personal Leave 

• Earn two (2) personal leave days per ten-month term (0.2 per month), up to five days.
• May only be used in half-day or full-day increments.
• Requires prior approval.
• May not be used on the first/last instructional day or directly before/after holidays unless approved.

C. Personal Observance Leave

• One personal observance day per fiscal year, in accordance with state policy.
• Employees must use a full day.
• Personal Observance Leave must be used within the calendar year (January 1 – December 31).  If it is not used it will be forfeited.
• Must be requested in advance and approved.

D. Professional Leave

• Must be pre-approved by the Superintendent or designee.
• Includes conferences, workshops, and training.

E. Compensatory Leave

• Non-exempt employees (FLSA) may accrue compensatory (comp) time.
• Comp time should be used within the same pay period when possible.

F. Bereavement Leave

• Eligible employees are as follows:
  • Permanent, probationary, or time-limited employees; and
  • Regularly scheduled to work half time (50%) or more.
  • Part-time employees working less than half-time are not eligible.
• For the death of an immediate family member, eligible employees are entitled to up to 40 hours of paid Bereavement Leave.  Part-time employees receive a prorated amount based on scheduled hours relative to full-time.
• The leave may be taken in one continuous block or multiple segments within the allowed timeframe.
• For immediate family members, the leave must be used within 180 days of the date of death.
• The leave only applies to days on which the employee is otherwise scheduled to work.  If the funeral or event falls on a non-workday for the employee, the leave does not apply.
• The employee must submit a request for Bereavement Leave to their supervisor as soon as practicable.
• Employee must provide documentation such as a death certificate, obituary, or memorial program, within a reasonable time after request.
• This leave is separate from and in addition to accrued vacation, sick, or personal leave.
• Use of Bereavement Leave does not count as creditable service toward retirement, and the leave is not cumulative or convertible to cash.

G. Adverse Weather

• The ENCSD Superintendent will determine the operational status of the school and communicate the status to all staff via official school channels in a timely manner.
• Employees designated as mandatory employees must report to or remain at work unless otherwise directed by their supervisor.
  • Residential and student-support services (nutrition, transportation, student health center) are considered mandatory while students are on campus.
• Non-Mandatory employees may:
  • Report to work at the usual time if it is safe to do so, or
  • Arrive late or leave early with supervisory approval, or
  • Work remotely with supervisor approval (if job function allows)
• Employees who do not report to work and cannot work remotely will have 90 days to make up the time missed.
  • To make up the time missed employee must seek supervisor approval.
  • There must be an operational need for employees to arrive to work early or stay later to make up the missed time.
• Time missed during an adverse weather condition shall be recorded and managed in accordance with ENCSD Payroll procedures and must be clearly identified as adverse weather condition time.
  • For days or hours missed due to school closure or shift to remote learning, employees will be compensated for regular scheduled pay if they are excused from work.
  • If employees perform work (onsite or remotely) during adverse weather conditions, normal hours will be paid.
  • Exempt (salaried) employees must be paid their full salary for the week if they perform any work, consistent with the Fair Labor Standards Act and state guidance.
  • Non-exempt (hourly) employees will be paid for actual hours worked or otherwise covered as approved within this policy.

H. Discretionary Leave of Absence Without Pay

• May be requested for up to one (1) calendar year.
• Requests should be made in writing at least 60 days in advance, if possible.
• Approval is at the discretion of the Superintendent and Board.
• Once approved, leave dates are binding unless amended by mutual agreement.

I. Voluntary Shared Leave

• Available in accordance with OSHR policy.
• For more details, employees should consult ENCSD HR or visit: OSHR Voluntary Shared Leave

J. Military Leave

• Granted per USERRA and NC law.
• May be used for active duty, training, or emergencies.
• Employees must notify supervisors and HR in advance unless military necessity prevents it.
• Leave may be paid (using annual leave/comp time) or unpaid.
• Reemployment rights apply under federal law.

K. Other Leave

Includes:

• Religious observance leave
• Jury duty
• Community service leave
• Parental involvement leave
• Parental leave without pay
  These types of leave are granted in accordance with applicable laws.

VI. Attendance Expectations

A. Excessive Absences

Regular attendance is a fundamental expectation. Excessive absences are defined as:

• More than 10 unapproved absences in a school year, OR
• A pattern of frequent absences (e.g., repeated Mondays/Fridays) that interfere with responsibilities.

Supervisors may require employees to:

• Provide medical documentation for future absences
• Meet with HR
• Develop an attendance improvement plan
• Be subject to progressive discipline, including dismissal

B. Tardiness

• Employees are expected to arrive on time.
• Repeated tardiness may lead to:
  • Required use of leave time to cover lateness
  • Formal disciplinary action

VII. Leave Forms

All leave request forms are available through the FIORI system.

Legal References

• G.S. 95-28.3; 115C-12, -36, -47, -84.2, -218.90(a)(3), -238.68(3), -285, -302.1, -316, -336, -336.1
• 16 N.C.A.C. 6C.0405
• State Board of Education Policy BENF-001
• North Carolina Public Schools Benefits and Employment Policy Manual
• Family and Medical Leave Act (FMLA)
• Uniformed Services Employment and Reemployment Rights Act (USERRA)

Revision Summary

• Adverse Weather and Bereavement sections added
• Clarified references to 115C and 126 employees
• Changed procedures for leave forms to using the FIORI system

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

Effective Date: 03/01/2025
Last Updated: 03/01/2025

1. Introduction
   The Eastern North Carolina School for the Deaf (ENCSD) is committed to protecting the privacy and security of students, staff, and school community information. This policy outlines our procedures for collecting, storing, using, and sharing educational records and personal data in compliance with:
   • Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)
   • Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400 et seq.; 34 CFR Part 300)
   • Fair Information Practice Principles (FIPPs)
   • North Carolina State Privacy Laws
   • Other applicable federal and state regulations
      

1. Definitions
   • Personally Identifiable Information (PII): Any data that can be used to identify a student, staff member, or parent, including but not limited to names, addresses, student IDs, birth dates, and educational records.
   • Education Records: Any records maintained by ENCSD that relate directly to a student, including academic records, Individualized Education Programs (IEPs), disciplinary records, and medical records covered under IDEA.
   • Directory Information: Information that may be disclosed without consent, such as student name, grade level, and participation in activities—unless a parent/guardian opts out.
   • Legitimate Educational Interest: A school official's need to access student records to fulfill their professional responsibilities.
      

1. Collection and Use of Student Information
   NCSD collects student data for the sole purpose of providing quality educational services and ensuring student success. Data collection is limited to what is necessary to support teaching, learning, safety, and compliance with state and federal laws.
    
   1. Types of Information Collected:
      • Student identification and demographic information
      • Academic records, including grades and assessments
      • Special education and IEP documentation (for eligible students)
      • Attendance and disciplinary records
      • Health and emergency contact information
      • Communication logs with families and staff
   2. How We Use This Information:
      • To support instructional and special education services
      • To track academic progress and attendance
      • To ensure student safety and well-being
      • To comply with federal, state, and local reporting requirements
      • To communicate with parents, guardians, and authorized school personnel
         

2. ---

   Privacy and Security of Student Records
   ENCSD protects all education records and student PII through secure storage, restricted access, and encryption measures where applicable.

   1. Access to Student Records
      Student records are only accessible to:
      • Parents/guardians (for minors) or eligible students (18+ years old)
      • School officials with a legitimate educational interest
      • State and federal agencies when required by law
      • Other parties with explicit parental consent

   Unauthorized access, discussion, or disclosure of student information is strictly prohibited and may result in disciplinary action.

   2. Safeguarding Confidentiality
      ENCSD follows best practices for safeguarding student and staff data, including:
      • Secure storage of paper records (locked cabinets, restricted access)
      • Digital encryption for electronic student records
      • Two-factor authentication for accessing sensitive data
      • Annual privacy training for all staff handling student data
         

1. Student Rights Under FERPA & IDEA
   Under FERPA (34 CFR § 99.10-99.12) and IDEA (34 CFR § 300.613), students and parents have the following rights:
    
   1. Right to Access Records
      Parents and eligible students may inspect, review, and request copies of their education records. ENCSD will respond to requests within 45 days.
       
   2. Right to Request Amendments
      If parents or students believe a record is inaccurate, they may submit a written request for correction. ENCSD will review the request and notify the requester of any changes.

   3. Right to Control Disclosure
      Schools must obtain written consent before disclosing a student's PII, except in cases where FERPA permits disclosure, such as:

      • To school officials with a legitimate educational interest
      • To other schools where a student is transferring/enrolling
      • To state or federal education authorities for audits and program evaluations
      • To comply with court orders or subpoenas
      • To protect health or safety in emergencies

      Upon request, ENCSD may disclose student records to another school where a student seeks to enroll, with reasonable efforts to notify parents unless prior notification is included in the annual FERPA notice.

   4. Right to Opt-Out of Directory Information
      Parents may opt out of having their child's directory information shared by submitting a written request to ENCSD's administration.
   5. Right to File a Complaint
      Parents and students may file complaints regarding FERPA violations with:
      Family Policy Compliance Office
      U.S. Department of Education
      400 Maryland Avenue, SW
      Washington, DC 20202-5920
       

2. ---

   Protection of Pupil Rights Amendment (PPRA)
   Under PPRA, parents and eligible students have rights regarding:

   • Surveys containing sensitive topics (e.g., political beliefs, psychological issues, religious affiliations, income, etc.)
   • Opt-out rights for non-emergency physical exams or screenings.
   • Reviewing instructional materials and data collection instruments used for student surveys.

   Complaints related to PPRA violations may be filed with the Family Policy Compliance Office at the U.S. Department of Education.

3. ---

   Student Directory Information & Opt-Out Rights
   ENCSD may release directory information without parental consent, unless a parent/guardian opts out. This includes:

   • Student name, grade level, dates of attendance
   • Participation in school activities and sports
   • Awards, diplomas, and certifications earned
   • Student photographs in school-approved publications

   Parents may submit a written request to the school principal to restrict the release of directory information. Under federal law, ENCSD must also release student names, addresses, and phone numbers to military recruiters and institutions of higher learning, unless an opt-out request is submitted.

1. Sharing and Disclosure of Student Information
   ENCSD does not sell, trade, or misuse student information. However, information may be shared in strictly regulated situations, including:
   1. Permitted Disclosures Without Consent (Under FERPA & IDEA)
      • To school officials with a legitimate educational interest
      • To other schools where a student is transferring/enrolling
      • To state or federal education authorities for audits and program evaluations
      • To comply with court orders or subpoenas
      • To protect health or safety in emergencies
   2. Third-Party Data Use
      ENCSD only partners with approved educational service providers (e.g., learning platforms, testing services) that comply with FERPA, IDEA, and FIPPs. All contracts require:
      • Data encryption and security measures
      • Limited use of student data for educational purposes only
      • No unauthorized data sharing or selling
         

2. ---

   Staff Responsibilities & Training
   All ENCSD employees are responsible for safeguarding student privacy. Staff must:

   • Follow FERPA and IDEA confidentiality rules
   • Use secure communication methods (e.g., no discussing student info in public areas)
   • Report any suspected data breaches to administration immediately

   Staff members receive annual privacy training to ensure compliance with local, state, and federal laws.

3. ---

   Parental Involvement & Communication
   ENCSD values transparency and parental involvement. Parents are encouraged to:

   • Review their child's records regularly
   • Ask questions about how student data is used
   • Opt-out of directory information sharing if desired

   For any concerns, parents may contact ENCSD's Superintendent's Office at:
   cheryl.iannucci@encsd.k12.nc.us
   252 206-7342

4. ---

   Reporting Privacy Concerns or Violations
   If you believe student privacy has been violated, you may report concerns to:

   • ENCSD Administration
   • North Carolina Department of Public Instruction
   • U.S. Department of Education - Family Policy Compliance Office (FERPA Complaints)

   ENCSD takes all privacy concerns seriously and will investigate any potential violations promptly.

5. Updates to This Policy
   ENCSD reserves the right to update this Privacy Policy in response to changes in law, best practices, or school operations. Updates will be communicated via email and the school website.

Website Privacy Policy

This privacy statement was created to demonstrate our firm commitment to our visitors' privacy. The following discloses our information gathering and dissemination practices for the ENCSD website.

Information Collected and Stored Automatically

When you visit our website to browse, read pages, or download information, we automatically collect and store the following information:

• Internet domain and IP address from which you access our site
• Type of browser and operating system used to access our site
• Date and time you access our site
• Pages you visit
• If you came to our site from another website, the address of that site
• The search engine and search words/phrases used to locate our site (if applicable)

We use this information to help us make our site more useful to visitors and to learn about the number of visitors to our site and the types of technology our visitors use.

Personal and Demographic Information

In general, you can visit the ENCSD website without providing any personal information. Subscriptions to our email publications require your email address. Other information requested during the subscribing process is optional and is used to learn more about the visitors using our email news service to better serve them.

Cookies

This site uses cookies on a limited basis to help us provide fresh, individual content to our visitors. ENCSD does not track information collected by cookies during a visit to our website.

External Website Links

Pages on this site provide links to other sites that are not maintained by ENCSD. These links are intended as additional resources for our users. ENCSD is not responsible for the content of any off-site pages or any other sites linked from this site. As a result, this agency cannot guarantee the accuracy, completeness, usefulness, or adequacy of any resources, information, products, or processes contained in any website linked directly or indirectly to our site. We are not responsible for the privacy practices or content of non-ENCSD websites. Links to external sites do not constitute endorsement.

Web Site Security

For website security purposes and to ensure that this service remains available to all users, this computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage. These attempts to cause damage could be subject to legal action.

Compliance with FERPA and Educational Privacy Laws

ENCSD complies with the Family Educational Rights and Privacy Act (FERPA) and all applicable federal, state, and local educational privacy laws. This includes, but is not limited to, ensuring the confidentiality of student education records, providing parents and eligible students the right to review and request amendments to records, and limiting disclosures of personally identifiable information without appropriate consent.

For more details on FERPA compliance, please review the "Notification of Rights under FERPA" section.

Contact Information

For any questions regarding this privacy policy, please contact ENCSD administration.