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Administration in Policy Absence Policy 2460

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes that situations may arise in which Board policy does not specifically address a particular administrative action, procedure, or decision.  This policy provides guidance to ensure that the Superintendent and school staff act responsibly, consistently, and in the best interests of students, staff, and the school when formal Board policy is silent.

Policy Statement

When a situation arises for which no Board policy or administrative regulation provides guidance, the Superintendent is authorized to take action in accordance with professional judgment, legal requirements, and best practices.  Such actions must be consistent with the overall mission, vision, and values of ENCSD and with applicable federal, state, and local laws.

The Superintendent shall promptly notify the Board of Trustees regarding actions taken under this policy and, when appropriate, recommend the development of new policies or revisions to existing policies to address the identified issue.

Procedures

  1. Authority of the Superintendent

In the absence of Board policy, the Superintendent may:

  • Make decisions necessary to ensure the continued operation of the school.
  • Take actions necessary to protect the health, safety, or welfare of students, staff, and visitors.
  • Interpret existing policies and regulations to address novel circumstances.
  1. Documentation and Reporting

The Superintendent will:

  • Document all actions taken in the absence of policy, including rationale and relevant supporting information.
  • Notify the Board at the next scheduled meeting, or sooner if the matter is urgent, summarizing the action taken and its justification.
  1. Policy Development Recommendations

Following actions taken under this policy, the Superintendent may:

  • Recommend to the Board the adoption of a new policy or the revision of an existing policy to address similar situations in the future.
  • Collaborate with appropriate staff to draft policy proposals for Board consideration.

Limitations

Actions taken under this policy must:

  • Comply with federal, state, and local laws and regulations.
  • Not conflict with existing Board policies or regulations.
  • Be consistent with ENCSD’s mission as a K-12 residential school for the deaf and hard of hearing.

Legal References

  • N.C. Gen. Stat. §143-318.9 through §143-318.18 (Open Meetings Law)
  • N.C. Gen. Stat. § 132-1 et seq. (Public Records Law)
  • N.C. Gen. Stat. § 115C-36 (Duties and Powers of the Local Superintendent)
Policy