Purpose
The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the critical importance of safeguarding confidential information in a fair, lawful, and responsible manner. This policy establishes expectations for the protection, access, use, and disclosure of confidential information in alignment with applicable federal and state laws, while ensuring accessibility and effective communication for Deaf and hard of hearing, students, families, employees, and other stakeholders.
I. Policy Statement
The Board of Trustees shall establish and support clear standards and procedures to protect confidential information. Confidential information shall be accessed and used only for legitimate educational or operational purposes and only by individuals with appropriate authorization. Unauthorized access, use, or disclosure of confidential information is strictly prohibited.
This policy preserves privacy rights, supports dues process, maintains public trust, and ensures that confidentiality obligations are upheld within ENCSD’s educational environment.
II. Scope and Responsibility
This policy applies to all ENCSD Board members, administrators, employees, contractors, volunteers, interns, and any other individuals or entities who have access to confidential information through their role or relationship with ENCSD.
All individuals with access to confidential information are responsible for understanding and complying with this policy and all related laws and procedures. The obligation to protect confidential information continues after the end of employment or service with ENCSD.
III. Confidential Information Standards
Confidential information shall include, but is not limited to:
- Student education records and personally identifiable information protected under FERPA and IDEA
- Personnel records and employment-related information
- Medical, health, and disability-related information
- Information discussed in closed sessions of the Board of Trustees
- Any other information protected from disclosure by law or Board policy
Confidential information shall not be accessed, used, discussed, or disclosed except as permitted or required by law or Board policy.
IV. Accessibility and Effective Communication
ENCSD shall ensure that all communications involving confidential information are provided in a manner that is accessible to Deaf and hard of hearing individuals, without compromising confidentiality.
This includes, as appropriate:
- Provision of qualified interpreters, captioning, or other auxiliary aids and services
- Use of accessible and plain-language formats
- Ensuring that interpreters and service providers adhere to confidentiality requirements
- Consideration of communication needs identified in a student’s Individualized Education Program (IEP) or Section 504 Plan
V. Use, Disclosure, and Safeguards
Confidential information shall be disclosed only to individuals with a legitimate educational or professional interest or as otherwise permitted or required by law.
ENCSD shall implement appropriate administrative, technical, and physical safeguards to protect confidential information, including information stored or transmitted electronically.
Confidential information shall not be shared through unsecured communication platforms or personal devices unless authorized and appropriately protected.
VI. Legal Compliance and Due Process
The handling of confidential information shall comply with all applicable federal and state laws, including due process requirements.
This policy shall not be interpreted to limit rights or remedies available under FERPA, IDEA, ADA, Section 504, Title IX, or other applicable laws.
Board members and employees shall avoid actions that could compromise the integrity, impartiality, or legality of confidentiality protections.
VII. Violations and Reporting
Unauthorized access, use, or disclosure of confidential information may result in disciplinary action, up to and including dismissal, in accordance with applicable OSHR policies, and may result in civil or criminal liability.
Any suspected breach of confidentiality shall be reported promptly to the Superintendent or designee in accordance with ENCSD procedures.
Legal References
- Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g
- Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
- Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
- Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
- North Carolina General Statutes §§ 115C-319, 115C-402, 132-1.4, 143-318.11
- North Carolina Public Records Law