Public Records, Retention, Release, and Disposition Policy 5070/7350

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: