Pitt County Schools

PITT COUNTY SCHOOLS

ANNUAL NOTICES OF LEGAL RIGHTS OF PARENTS/STUDENTS

 

NOTICE OF EQUAL OPPORTUNITY AND NON-DISCRIMINATION

 

In compliance with federal law, the Pitt County Board of Education does not discriminate on the basis of race, sex, pregnancy, religion, color, national or ethnic origin, age, disability, genetic information or veterans’ status in its policies, programs, activities, admissions or employment and provides equal access to the Boy Scouts and other designated youth groups as required by law. Inquiries or complaints should be made to the Director of Student Services, Pitt County Schools, 1717 West Fifth Street, Greenville, NC 27834; telephone (252) 830-4200.  The Director of Student Services is the district’s designated Title IX Coordinator and Section 504 Coordinator. 

 

For further information on this notice of non-discrimination, you can contact the U.S. Office of Civil Rights at http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the office that serves your area, or call 1-800-421-3481.

 

NOTICE OF RIGHTS CONCERNING STUDENT EDUCATION RECORDS

Under the Family Educational Rights and Privacy Act (FERPA)

 

Federal law gives parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. These rights are:

 

1. The right to inspect and review the student's education records within 45 days of the day the School receives a request for access. A written request that identifies the record(s) you wish to inspect should be submitted to the school principal (or appropriate school official). The School official will make arrangements for access and notify you of the time and place where the records may be inspected.

 

2. The right to request an amendment of your child’s education records that you believe are inaccurate or misleading. You may make a written request to the School principal (or appropriate school official) that clearly identifies the part of the record you want changed and specify why it is inaccurate or misleading. If the School decides not to amend the record as requested, the School will notify you of the decision and advise you of your right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to you when you are notified of the right to a hearing.

 

3. The right to consent to disclosures of personally identifiable information contained in your child's education records.  FERPA requires that the School obtain your written consent prior to the disclosure of any personally identifiable student information with certain exceptions. The exceptions include: (a) disclosure to a school official who needs to review an education record in order to fulfill his or her professional responsibility to the school district (a school official is: (i) a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); (ii) a person serving on the School Board; (iii) a person or company with whom the School has contracted to perform a special task (such as an attorney, auditor, medical consultant, therapist, or cloud computing service provider); or (iv) a parent, student, or other volunteer serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks); (b) disclosure upon request to officials of other school districts in which your child seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to his or her enrollment or transfer, including disciplinary records of long-term suspension or expulsion; (c) disclosure to a state or local child welfare agency, if such agency is legally responsible for the care and protection of the student; and (d) disclosure of your student’s “directory information,” unless you have advised the School that you do not want some or all directory information disclosed.  See the next section for a listing of “directory information.”

 

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School District to comply with the requirements of FERPA. The office that administers FERPA is the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-5901.

 

NOTICE OF RIGHTS CONCERNING STUDENT DIRECTORY INFORMATION

Under the Family Educational Rights and Privacy Act (FERPA)

 

Federal law gives parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. Under the law, Pitt County Schools may disclose directory information about your child unless you notify your child’s school in writing that you do not want such information disclosed. Pitt County Schools has designated the following as “directory information”: student’s name; parents’ names; address; e-mail; telephone number; photograph; date and place of birth; major field of study; dates of attendance at Pitt County Schools; grade level; enrollment status; diplomas, honors and awards; school most recently attended; participation in officially recognized activities and sports; weight and height of members of athletic teams; and other information not generally considered harmful or an invasion of privacy if disclosed.

 

The primary purpose of directory information is to allow Pitt County Schools to include information in school publications such as web pages, yearbooks, honor roll or other recognition lists, graduation programs and sports activity sheets. Directory information can also be disclosed to outside organizations without your prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks.

 

If you are a parent or eligible student and do not want Pitt County Schools to disclose some or all of the directory information listed above to all or certain recipients without your prior written consent, you must notify the principal of the student’s school in writing within fifteen school days of the start of the school year (or by the fifteenth school day after enrollment if a student enters after the start of the academic year). If you have children in more than one school, you must notify the principal of each school that your children attend. That notification is valid for the current school year only.

 

Note:   Parents or students, age 18 years or older, who choose to opt out may:

1.       write their own letter to the principal at their student’s school, or

2.    obtain a form for that purpose on the Pitt County Schools website under Board Policies and Procedures 10.901-X Opt Out Form or by contacting your school to request a paper copy.

 

NOTICE OF RIGHTS CONCERNING INFORMATION TO MILITARY RECRUITERS

Under the No Child Left Behind Act and the National Defense Authorization Act

 

Two federal laws require Pitt County Schools to give military recruiters, upon request, the names, addresses, and telephone numbers of students in the ninth through twelfth grades unless parents or the student has advised the school in writing that they do not want that information disclosed.

If you are a parent of a high school student or a high school student and you do not want Pitt County Schools to disclose the name, address, and telephone number to military recruiters, you must notify the principal of the applicable school in writing, within fifteen school days of the start of the school year (or by the fifteenth school day after enrollment if a student enters after the start of the academic year). If you have students in more than one school, you must notify the principal of each school that your children attend. That notification is valid for the current school year only.

 

Note:   Parents or students who choose to opt out may:

             1.        write their own letter to the principal at the applicable school, or

2.     obtain a form for that purpose on the Pitt County Schools website under Board Policies and Procedures 10.901-X Opt Out Form or by contacting your school to request a paper copy.

 

NOTICE OF RIGHTS CONCERNING SCHOOLS SURVEYS

Protection of Pupils Rights Amendment (PPRA)

 

Federal law gives parents and students over 18 years of age ("eligible students") certain rights regarding schools conducting surveys, collecting and using information for marketing purposes, and certain physical exams.

 

1.       CONSENT: Parents and eligible students must give written consent before students are required to submit to a survey that concerns one or more of the following protected areas if the survey is funded in whole or in part by a program of the U.S. Department of Education:

a.   Political affiliations or beliefs of the student or student's parent(s)

b.   Mental or psychological problems of the student or student's family

c.   Sexual behavior or attitudes

d.   Illegal, anti-social, self-incriminating, and demeaning behavior

e.   Critical appraisals of others with whom students have close family relationships

f.    Legally recognized privileged relationships such as lawyers, doctors, ministers

g.   Religious practices, affiliations, or beliefs of the student or student’s parent(s)

h.   Income (other than that required by law to determine eligibility for participation in a program or for financial assistance under a program)

 

2.       RECEIVE NOTICE: Parents and eligible students have the right  to receive notice and an opportunity to opt out of any of the following:

a.       Any survey concerning one or more of the aforementioned protected information areas that is not funded in whole or in part by a program of the U.S. Department of Education.

b.       Any non-emergency, invasive physical exam or screening that is (1) required as a condition of attendance, (2) administrated by the school or its agent and scheduled in advance, and (3) not necessary to protect the immediate health and safety of a student. Exceptions to this notice requirement include hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law.

c.       Any activities involving the collection, disclosure, or use of personal information obtained from students for marketing purposes or for purposes of selling the information or otherwise distributing the information to others.

 

Pitt County Schools will, within a reasonable period of time prior to conducting such surveys, physical exams or activities, notify parents and eligible students and provide an opportunity to opt a student out of participating in them.

3.   INSPECT: Parents and eligible students have the right to review, upon request and before its administration or use, any of the following:

a.     Surveys of students that concern any of the aforementioned areas of protected information and any instructional materials used in connection with them

b.     Instruments used to collect personal information from students for marketing, sales, or other distribution purposes

c.   Instructional material used as part of the educational curriculum

 

Pitt County Schools will develop and adopt policies regarding these rights and will notify parents and eligible students of its policies annually at the start of each school year and after any substantive changes.

 

Parents and eligible students who believe their rights have been violated may file a complaint with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC  20202-8520.

 

NOTICE REGARDING MOMENT OF SILENCE

(Policy 9.003)

I.        Introduction

 

The Board of Education has directed that a moment of silence be observed at the beginning of each day in all schools in the system in order to foster an environment conducive to learning. The following guidelines and suggestions are adopted to advise individual schools and teachers concerning the implementation of the moment of silence.

 

II.     General Guidelines

 

A.  Students simply are asked to observe the moment of silence for a reasonable and appropriate period of time which shall not exceed one minute in length.

 

B. Exceptions may be approved by the Superintendent and/or his/her designee for legitimate educational or administrative reasons. If any teacher or principal believes that the moment of silence should not be administered in a particular class or group, he/she shall submit the request, in writing, to the Superintendent or designee for review. A written response to the request shall be given to the teacher making the request.

 

C. The moment of silence must be completely unstructured and free of any influence from any source. School personnel shall not offer advice or suggestions to students on how to use the moment or what to do during the time. If a student asks whether or not he/she may use the moment of silence to pray, the teacher should state that each student may decide individually and personally how to use the time.

 

D. No activity will be allowed during the moment of silence. Students should be advised that if they are not in the classroom during the moment of silence, they should pause respectfully until the moment has ended.

 

E. Noncompliance with this policy will be addressed in accordance with the Student Code of Conduct.

 

III. Suggestions for Implementation

 

A.     While the moment of silence should be conducted in a dignified and decorous manner, it is recognized that the age and maturity of the students, the structure of the school day, and the existing school opening procedures at each school will have to be considered in developing each school’s method of implementation. Principals shall review this policy and regulation with their faculties; shall discuss methods of implementing the policy with their faculties; and shall decide how the policy will be implemented.

 

B. When a school or class normally begins the day with the Pledge of Allegiance to the flag, the moment of silence could be conducted immediately following the pledge.

 

NOTICE OF RIGHTS CONCERNING ACCESS TO TEACHER QUALIFICATIONS

Under the No Child Left Behind Act (NCLB)

 

The federal No Child Left Behind Act of 2001 allows parents of a student in a Title I school to request and receive the following information regarding their child’s classroom teacher to insure that the teacher meets Highly Qualified standards.

 

1.           Whether the teacher has met state qualifications and licensing criteria for the grade and subject(s) taught;

2.           Whether the teacher is teaching under emergency or other provisional status through which state qualifications and licensing criteria have been waived;

3.           The college degree(s) of the teacher including the college major and any other graduate certification or degree held by the teacher and the field of discipline of the certification or degree; and

4.           If the child is receiving the services of a paraprofessional (teacher assistant), that person’s qualifications.

 

If you would like to receive this information, please notify your child’s principal in writing, including the name of each teacher and/or teacher assistant, as well as the grade or subject that person teaches.  The school will provide you the information within one week of receiving your request.

 

NOTICE OF RIGHTS FOR PARENTS OF SCHOOL CHILDREN WITH DIABETES

 

NCGS 115C-375.3 requires that schools develop and implement individual care plans for students with diabetes upon parent/guardian request. Additional information is available at www.ncdiabetes.org, www.nchealthyschools.org, or at your local school.

 

 

 

 

 

NOTICE OF RIGHTS

FOR PARENTS OF SCHOOL CHILDREN WITH ASTHMA AND SEVERE ALLERGIES

 

NCGS 115C-375.2 allows for possession and self-administration of medication for students with asthma (inhalers) or students with severe allergies who are subject to anaphylactic reactions (epinephrine), if parents provide the required written information to the school.  Additional information is available at your school or from the school nurse.

 

NOTICE OF RIGHTS

 CONCERNING USE OF ANY NON-EXEMPT PESTICIDE ON SCHOOL GROUNDS

North Carolina General Statute 115C-47 (47)

 

The General Assembly of North Carolina, under N.C.G.S. 115C-47 (47), requires principals or their designees to notify parents of the schedule of non-exempt pesticide use on school property and the right of parents/guardians to request notification of any non-exempt use of pesticides on school grounds.  Additional information is available at www.pitt.k12.nc.us under the link for Safety and Environmental Programs.

 

If you are a parent or guardian and want notification of non-exempt pesticide use or a pre-notice list of chemicals used on school grounds, then notify the principal of the student’s school.

 

NOTICE OF RIGHTS REGARDING CHILD FIND

 

In accordance with Section 1502 of the Individuals with Disabilities Education Act, Pitt County Schools conducts an annual child find to identify children with disabilities, ages 3 to 21, residing in the school district, including children who may attend private schools or religious schools or who are home schooled, who are in need of special education and related services.  Please contact the Exceptional Children’s Program Director at 1717 West Fifth Street, Greenville, NC  27834 or call (252) 830-4200 for additional information.

 

NOTICE OF RIGHTS REGARDING HOMELESS STUDENTS

 

For information concerning the educational rights of homeless students, please consult Board Policy 10.103 and/or contact the Pitt County Schools Homeless Education Liaison at (252) 830-4200.

 

NOTICE OF RIGHTS REGARDING SECTION 504

 

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act prohibit discrimination against any individual on the basis of a disability.  Any person who has a physical or mental impairment which substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment may qualify for a 504 Plan. A disability is a physical or mental impairment that substantially limits one or more major life activities such as performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. If a student has a medical condition or other physical or mental impairment that creates a substantial limitation on a major life activity, he/she may be eligible for accommodations and/or modifications to allow for equal access to the educational environment.  For more information, please call or set up an appointment with the Section 504 contact at your child’s school.  The Section 504 Coordinator for the School System is the Director of Student Services who can be contacted at (252) 830-4200.

 

NOTICE REGARDING REPRODUCTIVE HEALTH AND SAFETY EDUCATION

Instructional Materials

 

In compliance with NCGS 115C-81(e1)(7), please note the following information about the Reproductive Health and Safety Education instruction and the availability of instructional materials for review.

 

As we prepare for your child’s instruction this year, we want you to know that the North Carolina Standard Course of Study includes reproductive health and safety education provided in health and physical education classes. Pitt County Schools' policy requires that this instruction follow the state-mandated curriculum.  Materials that will be used may be reviewed in the school’s Media Center.  We also encourage you to talk with your child about the topics covered.

 

If you do not want your child to participate in this instruction, you should notify your principal in writing of your decision.  If you have any questions or concerns, please contact your principal or your child’s health and physical education teacher.

 

NOTICE TO STUDENTS IN GRADES 9-12 REGARDING

LAWFUL ABANDONMENT OF A NEWBORN BABY

 

NCGS 115C-47 (52) requires that students in grades 9-12 receive information annually on the manner in which a parent may lawfully abandon a newborn baby with a responsible person in accordance with NCGS 7B-500.  

 

Safe Haven Law – A parent of a newborn baby, up to 7 days old, can leave their unharmed baby with anyone on duty at a hospital, health department, or community health clinic under North Carolina’s Safe Haven Law.  The parent can also leave the baby with an on-duty law enforcement officer (sheriff or police), social services worker, or certified EMS worker (fire station or emergency services station).  The baby will get needed medical care and be placed for adoption.  The parent can remain anonymous (does not have to give name or other information).  The purpose of the law is to save babies and protect parents who do not know how to cope with a new baby.

 

            NOTICE REGARDING INFLUENZA, HPV, MENINGOCOCCAL MENINGITIS,

 CERVICAL CANCER, CERVICAL DYSPLASIS  and AVAILABLE VACCINES

 

NCGS 115C-375.4 and 115C-47 (51) mandate that schools provide parents and guardians with information about meningitis, influenza, HPV, cervical cancer, cervical dysplasis and their vaccines at the beginning of every school year. 

 

Influenza - Influenza, commonly called “the flu,” is a respiratory illness caused by influenza viruses and can be easily spread to others.  Symptoms of the flu include fever, headache, extreme tiredness, dry cough, sore throat, runny or stuffy nose, and muscle aches.  Other symptoms, such as nausea, vomiting and diarrhea, are much more common among children than adults.

 

There is a vaccine that prevents the flu.  It is recommended because flu can lead to other serious illnesses and even death in young children, older adults, and vulnerable people of all ages.  The ideal time to obtain a flu shot is in the fall.  Good health habits such as frequent hand washing, avoiding close contact with people who are sick, and covering your mouth and nose with a tissue when coughing or sneezing may also help prevent the spread of illnesses like the flu.

 

Meningococcal Meningitis - Meningococcal Meningitis is a form of bacterial meningitis that is a rare but potentially fatal infection that can cause severe swelling of the fluid around the brain and spinal cord.  The disease is spread from person to person through the air or by contact with saliva, usually through close, personal contact with an infected person.  Symptoms progress rapidly and may resemble flu.  They can include fever, headache, stiff neck, nausea, vomiting, confusion, sleepiness, and sensitivity to light.  Some people may also develop a rash, mainly on their arms and legs. 

 

A safe and effective vaccine is available to protect against four of the five most common types of meningitis.  Studies have shown that certain college students are especially at risk and that a high percentage of cases in college students can be prevented with the vaccination.

 

Human Papillomavirus Human Papillomavirus (HPV) is a common virus that is spread to another person by skin-to-skin contact in the genital area. Many people get HPV and do not have symptoms but can spread the virus to others.  HPV is most common in young women and men who are in their late teens and early 20’s. Some types of HPV can infect a woman’s cervix and can cause cervical dysplasia which leads to cancer over time if not treated.

 

The only sure protection against HPV infection is lifelong abstinence or a monogamous relationship with an uninfected partner.  However, a new vaccine can now protect females and males (ages 9 to 26) from four major types of HPV which can lead to cervical cancer and genital warts.  The vaccine is given as a series of three shots over six months and is recommended for all 11 and 12 year old girls and boys and all males and females 13-26 years of age who did not receive it when they were younger.

 

Talk with your physician or the local health department for additional information about these illnesses and the available vaccines.   Other resources include:

 

●     www.immunizenc.com  Immunization Branch, N.C. Department of Health and Human Services

●     www.cdc.gov/flu  Centers for Disease Control and Prevention Flu Home Page

●     www.cdc.gov/ncidod/dbmd/diseaseinfo    CDC – Disease Information 

●     www.immunizationinfo.org   National Network for Immunization Information

 

Cervical Cancer and Cervical Dysplasis - Information on these diseases and their vaccines can be found at www.cdc.gov/vaccines/vpd-vac. Those without internet access may contact a school nurse or the Pitt County Health Department for more information.

 

NOTICE REGARDING THE ASBESTOS HAZARD EMERGENCY RESPONSE ACT

 

This notice is provided to you with information regarding the Asbestos Hazard Emergency Response Act (AHERA) Management Plan for Pitt County Schools. AHERA is a provision of the Toxic Substance Control Act and was passed by Congress in 1986. It requires schools to “ensure that workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, and post-response action activities, including periodic re-inspection and surveillance activities that are planned or in progress as well as the availability of the AHERA Management Plan for public review.” (Section 763.84(c)).

 

The AHERA Management Plan contains documents of the initial AHERA inspection, 6-month periodic Surveillances, Triennial re-inspections, employee training, and Operations and Maintenance procedures.

 

If you have any questions regarding the AHERA Management Plan for Pitt County Schools or you would like to obtain a copy of the plan, you may contact Mike Whitford, Safety Coordinator, at (252) 756-2313.

 

NOTICE REGARDING PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS

(Policy 10.301 and Procedure 10.301-P)

 

Principals, teachers, substitute teachers, voluntary teachers, teacher assistants, and student teachers may use reasonable force in the exercise of lawful authority to restrain or correct students and to maintain order; provided, however, that the use of corporal punishment is not permitted.

 

The Superintendent is authorized and directed to promulgate such administrative regulations and procedures as may be appropriate for the implementation of this policy and as may be appropriate for compliance with relevant federal and state laws.

 

Any employee, as provided herein, shall enjoy the full faith and support, including legal representation, of the Board of Education in the proper application of this policy, except for any action not in compliance with this policy and any and all administrative regulations and procedures pursuant thereto.

 

Nothing herein contained shall be construed to repeal, abrogate, amend or otherwise change any other duly adopted policy or administrative procedure of the Pitt County Schools.

 

NCGS 115C-391.1 defines the permissible use of restraint and seclusion in the public schools.  Nothing in it modifies the rights of school personnel to use reasonable force as permitted under NCGS 115C-390.3 or modifies the rules and procedures governing student discipline under Article 27 of NCGS 115C.

 

Physical Restraint

 

Physical restraint of students by school personnel shall be considered a reasonable use of force when used in the following circumstances:

●     As reasonably needed to obtain possession of a weapon or other dangerous object on a person or within the control of a person

●     As reasonably needed to maintain order or prevent or break up a fight

●     As reasonably needed for self-defense

●     As reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present; to teach a skill; to calm or comfort a student; or to prevent self-injurious behavior

●     As reasonably needed to escort a student safely from one area to another

●     If used as provided for in a student’s IEP or Section 504 Plan or Behavior Intervention Plan

●     As reasonably needed to prevent imminent destruction to school property or another person’s property

NOTE: Except in the above circumstances, physical restraint of students is prohibited. Physical restraint shall not be considered a reasonable use of force when used solely as a disciplinary consequence.

 

Mechanical Restraint

 

Mechanical restraint of students by school personnel is permissible only in the following circumstances:

●     When properly used as an assistive technology device included in the student’s IEP or Section 504 Plan or Behavior Intervention Plan or as otherwise prescribed for the student by a medical or related service provider

●     When using seat belts of other safety restraints to secure students during transportation

●     As reasonably needed to obtain possession of a weapon or other dangerous object on a person or within the control of a person

●     As reasonably needed for self-defense

●     As reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present

NOTE: Except as set forth above, mechanical restraint including the tying, taping, or strapping down of a student is prohibited and shall not be considered a reasonable use of force.

 

Seclusion

 

Seclusion of students by school personnel may be used in the following circumstances:

●     As reasonably needed to respond to a person in control of a weapon or other dangerous object

●     As reasonably needed to maintain order or prevent or break-up a fight

●     As reasonably needed for self defense

●     As reasonably needed when a student’s behavior poses a threat of imminent physical harm to self or others or imminent substantial destruction of school property or another person’s property

●     When used as specified in the student’s IEP, Section 504 Plan or Behavior Intervention Plan AND

-     The student is monitored while in seclusion by an adult in close proximity who is able to see and hear the student at all times

-     The student is released from seclusion upon cessation of the behaviors that led to the seclusion or as otherwise specified in the student’s IEP or Section 504 Plan

-     The space to which the student is confined has been approved for such use by the local education agency

-     The space is appropriately lighted

-     The space is appropriately ventilated and heated or cooled

-     The space is free of objects that unreasonably expose the student or others to harm

NOTE: Except in the above circumstances, the use of seclusion is prohibited. Seclusion shall not be considered a reasonable use of force when used solely as a disciplinary consequence.

 

Isolation

Isolation is permitted as a behavior management technique provided that:

●     The space used for isolation is appropriately lighted, ventilated, and heated or cooled

●     The duration of the isolation is reasonable in light of the purpose of the isolation

●     The student is reasonably monitored while in isolation

●     The isolation space is free of objects that unreasonably expose the student or others to harm

 

 

Time Out

Nothing in the above guidelines is intended to prohibit or regulate the use of timeout as a behavior management technique in which a student is separated from other students for a limited period of time in a monitored setting.

 

Aversive Procedures

Aversive procedures are prohibited. They are defined as a systematic physical or sensory intervention for modifying the behavior of a student with a disability which causes or may reasonably be expected to cause significant physical harm, serious, foreseeable psychological impairment, or obvious repulsion on the part of observers who cannot reconcile extreme procedures with acceptable standard practice.

 

Notice and Reporting

Notice of these requirements will be provided annually to parents in the Parent/Student Handbook and to employees in the Employee Handbook.

 

School personnel shall promptly notify the principal or principal’s designee of (1) any use of aversive procedures, (2) any prohibited use of mechanical restraint, (3) any use of physical restraint resulting in observable physical injury to a student, and (4) any prohibited use of seclusion that exceeds ten minutes or the amount of time specified on a student’s Behavior Intervention Plan.

 

A principal or principal’s designee with personal knowledge or actual notice of one of the above events shall promptly notify the student’s parent or guardian and provide the name of a school employee with whom the parent or guardian can discuss the incident. The school shall provide the parent or guardian with a written report within a reasonable time, but in no event later than 30 days after the incident.

 

Non-Retaliation

No local board of education or employee of a local board of education shall discharge, threaten, or otherwise retaliate against another employee regarding that employee’s compensation, terms, conditions, location, or privileges of employment because the employee made a report alleging a prohibited use of physical restraint, mechanical restraint, aversive procedure or seclusion unless the employee knew or should have known that the report was false.

 

No Cause Of Action

According to NCGS 115C-391.1(k), nothing in the permissible use of seclusion and restraint law shall be construed to (1) create a private cause of action against any local board of education, its agents or employees, or against any institutions of teacher education or their agents or employees, or (2) to create a criminal offense.

 


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