Annual Public Notices

ANNUAL PUBLIC NOTICES 

Haywood County Schools provides these annual notices as required by federal regulations and state law to students and parents.  Please consult listed School Board policies and/or federal/state laws for specific information or call the contact designated for each area.  The link to the full copy of this notice can be found on our website at www.haywood.k12.nc.us.  You may get a printed copy from your school’s office.

A.        Student Records:  Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (“FERPA”), a federal law, gives parents and students over eighteen (18) years of age (“eligible students”) certain rights with respect to the student’s education records.  These rights are:

•           The right to inspect and review your child’s education records within forty-five (45) days of the day the school receives a request for access.  You should submit to the school principal a written request that identifies the record(s) you wish to inspect. The principal will make arrangements for access and notify you of the time and place where the records may be inspected.

•           The right to request the amendment of your child’s education records that you believe are inaccurate or misleading.  You should write the school principal, clearly identify 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.

•           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 such information with certain exceptions.  By law, we are required to give you specific notice of the following three exceptions:

1.         Disclosure to school officials who have a legitimate educational interest in the education record.  A school official has a legitimate education interest if the official needs to review an education record in order to fulfill his or her professional responsibility.  A school official is: (i) a person employed by the School District as an administrator, supervisor, teacher, counselor 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 or therapist); or (iv) a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his tasks.

2.         Disclosure of education records, including disciplinary records of long-term suspension or expulsion, upon request, to officials of other school districts in which a student seeks or intends to enroll.

3.         Disclosure of “directory information” about a student, unless you have advised the school to the contrary.  The School District has designated the following information as directory information: 

Student’s Name	Degrees, honors, and awards received
Address	Date and place of birth
Telephone listing	Electronic mail address
Photograph	Participation in officially recognized activities and sports
Major field of study	Weight and height of members of athletic teams
Grade level	Most recent educational agency or institution attended
Dates of attendance	Enrollment status

 •           The primary purpose of directory information is to allow the school to include this type of information from your child’s education records in certain school publications.  Examples include: 

i.          A playbill, showing your student’s role in a drama production;

ii.         The annual yearbook;

iii.        Honor roll or other recognition lists;

iv.        Graduation programs; or

v.         Sports activity sheets, showing weight and height of team members. 

•           Directory information may 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. 

•           In addition, under federal law, we are required to provide military recruiters and institutions of higher education, upon their request, with the names, addresses and telephone numbers of high school students, unless the student or parent has advised the school that they do not want such information disclosed without their prior written consent. 

•           If you do not want the school to disclose some or all of the directory information described above from your child’s education records to all or certain recipients without your prior written consent, the School District must be notified in writing within fourteen (14) days of the beginning of the school year or within fourteen (14) days of your enrolling in the School District.  For your convenience, a form that can be used for this purpose is provided at the end of this Notice.

•           The right to file a complaint with the U.S. Department of Education concerning alleged failures of the School District to comply with the requirements of FERPA.  The name and address of the office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC  20202-5901

B.         Non-Discrimination: Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; The Rehabilitation Act of 1973 (Section 504); and The Americans with Disabilities Act of 1990 (ADA)

It is the School District’s policy not to discriminate on the basis of race, color, ethnic origin, sex, disability or age in its educational programs, activities or employment policies.

For inquiries or complaints or to request a copy of the School District’s grievance procedures, please contact:

Title IX Coordinator Carol Douglas1230 North Main St.Waynesville, NC 28786(828) 456-2400

504/ADA Coordinator Joan Ferrara1230 North Main St.Waynesville, NC 28786(828) 456-2400

C.        Students with Disabilities: Individuals with Disabilities Act (IDEA)

Pursuant to the IDEA, a federal law, the School District must provide special education services to all children residing in the school district who are between the ages of 3 and 21 who have been diagnosed with or are suspected to have mental, physical or emotional disabilities and who are unable to benefit from a regular school program without special assistance.  If your child or a child you know may qualify for such special assistance, please contact:

Joan Ferrara 1230 North Main St. Waynesville, NC 28786 (828) 456-2400

D.        Homeless Students: McKinney-Vento Homeless Assistance Act

For information concerning the educational rights of homeless students, please consult Board Policy SA-14 and/or contact:

E.         Protection of Pupil Rights Amendment

The Protection of Pupil Rights Amendment requires that the School District notify you and obtain consent or allow you to opt-out your child from participating in certain school activities.  These activities include a student survey, analysis or evaluation that concerns one or more of the following eight areas:

1. Political affiliates or beliefs of the student or student’s parents;
2. Mental or psychological problems of the student or student’s family;
3. Sexual behavior or attitudes;
4. Illegal, anti-social, self-incrimination or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors or ministers;
7. Religious practices, affiliations or beliefs of the student or parents; or
8. Income, other than as required by law to determine program eligibility.

This requirement also applies to the collection, disclosure or use of student information for marketing purposes and certain physical exams or screenings.  

The School District will, within a reasonable period of time prior to the administration of the surveys and activities, provide notice of said surveys and activities and give you or your son/daughter, if he/she is 18 years old or older, the opportunity to opt-out.

F.         Student Health: N.C.G.S. § 115C-375.4

With the passage of N.C.G.S. 115C-375.4, the School District must provide families with information on Influenza and Meningococcal diseases and the vaccines that are available to prevent each.  Influenza (“flu”) is caused by a virus that spreads from infected persons to the nose or throat of others.  Influenza can cause fever, sore throat, chills, coughs, headache and muscle aches.

Anyone can get influenza.  Most people are ill with flu for only a few days, but some get much sicker and may need to be hospitalized.  Influenza causes an average of 36,000 deaths each year in the U.S., mostly among the elderly.

Influenza vaccine is available in two types.  Inactivated (killed) flu vaccine, given as a shot, has been used in the U.S. for many years.  A live, weakened vaccine, FluMist, was licensed in 2003.  It is sprayed into the nostrils.  It is available for persons age 5-49 years of age.  Influenza viruses change often.  Therefore, influenza vaccine is updated every year.  Protection develops in about 2 weeks after getting the shot and may last up to a year.  The best time to get the vaccine is in October or November.  Contact your local health department or physician for more details on cost and time vaccine will be available.

Meningococcal disease is a serious illness, caused by bacteria.  It is the leading cause of bacterial meningitis in children 2-18 years old in the United States.  Meningitis is an infection of the brain and spinal cord coverings.  Meningococcal disease can also cause blood infections.  About 2,600 people get meningococcal disease each year in the U.S.  Ten to fifteen percent of these people die, in spite of treatment with antibiotics.  Of those who live, another 10% have chronic complications.  It is most common in infants less than one year of age, international travelers, and people with certain medical conditions.  College freshmen, particularly those who live in dormitories, have a slightly increased risk of getting meningococcal disease.

Learn more about these vaccines by consulting with your family doctor or nurse or contacting the Haywood County Department of Public Health at 828 452-6675 or contacting the Centers for Disease Control and Prevention (CDC) at 1-800-232-2522 (English) or 1-800-232-0233 (Spanish) or visiting http://cdc.gov/vaccines/.

G.        Use of Pesticides: N.C.G.S. § 115C-47(47)

With the passage of N.C.G.S. § 115C-47(47), the School District must provide notification regarding pesticide use on school property.  For more information, please consult Board Policy A-40 and/or contact:

H.        Student Restraint/Seclusion/Isolation

The School District has adopted Board Policy SA-1 and Board Policy SA-17, as required by N.C.G.S. § 115C-391.1, as well as N.C.G.S. § 115C-39.1.1, are fully set out herein.  Both policies may be found through the Policies link on the HCS webpage.

N.C.G.S. § 115C-391.1

(a)        It is the policy of the State of North Carolina to:

(1)        Promote safety and prevent harm to all students, staff, and visitors in the public schools.

(2)        Treat all public school students with dignity and respect in the delivery of discipline, use of physical restraints or seclusion, and use of reasonable force as permitted by law.

(3)        Provide school staff with clear guidelines about what constitutes use of reasonable force permissible in North Carolina public schools.

(4)        Improve student achievement, attendance, promotion, and graduation rates by employing positive behavioral interventions to address student behavior in a positive and safe manner.

(5)        Promote retention of valuable teachers and other school personnel by providing appropriate training in prescribed procedures, which address student behavior in a positive and safe manner.

(b)        The following definitions apply in this section:

(1)        “Assistive technology device” means any item, piece of equipment, or product system that is used to increase, maintain, or improve the functional capacities of a child with a disability.

(2)        “Aversive procedure” means a systematic physical or sensory intervention program for modifying the behavior of a student with a disability which causes or reasonably may be expected to cause one or more of the following:

a.         Significant physical harm, such as tissue damage, physical illness, or death.

b.         Serious, foreseeable long‑term psychological impairment.

c.         Obvious repulsion on the part of observers who cannot reconcile extreme procedures with acceptable, standard practice, for example: electric shock applied to the body; extremely loud auditory stimuli; forcible introduction of foul substances to the mouth, eyes, ears, nose, or skin; placement in a tub of cold water or shower; slapping, pinching, hitting, or pulling hair; blindfolding or other forms of visual blocking; unreasonable withholding of meals; eating one’s own vomit; or denial of reasonable access to toileting facilities.

(3)        “Behavioral intervention” means the implementation of strategies to address behavior that is dangerous, disruptive, or otherwise impedes the learning of a student or others.

(4)        “IEP” means a student’s Individualized Education Plan.

(5)        “Isolation” means a behavior management technique in which a student is placed alone in an enclosed space from which the student is not prevented from leaving.

(6)        “Law enforcement officer” means a sworn law enforcement officer with the power to arrest.

(7)        “Mechanical restraint” means the use of any device or material attached or adjacent to a student’s body that restricts freedom of movement or normal access to any portion of the student’s body and that the student cannot easily remove.

(8)        “Physical restraint” means the use of physical force to restrict the free movement of all or a portion of a student’s body.

(9)        “School personnel” means:

a.         Employees of a local board of education.

b.         Any person working on school grounds or at a school function under a contract or written agreement with the public school system to provide educational or related services to students.

c.         Any person working on school grounds or at a school function for another agency providing educational or related services to students.

(10)      “Seclusion” means the confinement of a student alone in an enclosed space from which the student is:

a.         Physically prevented from leaving by locking hardware or other means.

b.         Not capable of leaving due to physical or intellectual incapacity.

(11)      “Time‑out” means a behavior management technique in which a student is separated from other students for a limited period of time in a monitored setting.

(c)        Physical Restraint:

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

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

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

c.         As reasonably needed for self-defense.

d.         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.

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

f.          If used as provided for in a student’s IEP or Section 504 plan or behavior intervention plan.

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

(2)        Except as set forth in subdivision (1) of this subsection, physical restraint of students shall not be considered a reasonable use of force, and its use is prohibited.

(3)        Physical restraint shall not be considered a reasonable use of force when used solely as a disciplinary consequence.

(4)        Nothing in this subsection shall be construed to prevent the use of force by law enforcement officers in the lawful exercise of their law enforcement duties.

(d)        Mechanical Restraint:

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

a.         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.

b.         When using seat belts or other safety restraints to secure students during transportation.

c.         As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person.

d.         As reasonably needed for self-defense.

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

(2)        Except as set forth in subdivision (1) of this subsection, mechanical restraint, including the tying, taping, or strapping down of a student, shall not be considered a reasonable use of force, and its use is prohibited.

(3)        Nothing in this subsection shall be construed to prevent the use of mechanical restraint devices such as handcuffs by law enforcement officers in the lawful exercise of their law enforcement duties.

(e)        Seclusion:

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

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

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

c.         As reasonably needed for self-defense.

d.         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 or another person’s property.

e.         When used as specified in the student’s IEP, Section 504 plan, or behavior intervention plan; and

1.         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.

2.         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.

3.         The space in which the student is confined has been approved for such use by the local education agency.

4.         The space is appropriately lighted.

5.         The space is appropriately ventilated and heated or cooled.

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

(2)        Except as set forth in subdivision (1) of this subsection, the use of seclusion is not considered reasonable force, and its use is not permitted.

(3)        Seclusion shall not be considered a reasonable use of force when used solely as a disciplinary consequence.

(4)        Nothing in this subsection shall be construed to prevent the use of seclusion by law enforcement officers in the lawful exercise of their law enforcement duties.

(f)        Isolation. – Isolation is permitted as a behavior management technique provided that:

(1)        The space used for isolation is appropriately lighted, ventilated, and heated or cooled.

(2)        The duration of the isolation is reasonable in light of the purpose of the isolation.

(3)        The student is reasonably monitored while in isolation.

(4)        The isolation space is free of objects that unreasonably expose the student or others to harm.

(g)        Time-out. – Nothing in this section is intended to prohibit or regulate the use of time‑out as defined in this section.

(h)        Aversive Procedures. – The use of aversive procedures as defined in this section is prohibited in public schools.

(i)         Nothing in this section modifies the rights of school personnel to use reasonable force as permitted under G.S. 115C‑390 or modifies the rules and procedures governing discipline under G.S. 115C‑391(a).

(j)         Notice, Reporting, and Documentation.

(1)        Notice of procedures. – Each local board of education shall provide copies of this section and all local board policies developed to implement this section to school personnel and parents or guardians at the beginning of each school year.

(2)        Notice of specified incidents:

a.         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.

4.         Any prohibited use of seclusion or seclusion that exceeds 10 minutes or the amount of time specified on a student’s behavior intervention plan.

b.         When a principal or principal’s designee has personal knowledge or actual notice of any of the events described in this subdivision, the principal or principal’s designee shall promptly notify the student’s parent or guardian and will provide the name of a school employee the parent or guardian can contact regarding the incident.

(3)        As used in subdivision (2) of this subsection, “promptly notify” means by the end of the workday during which the incident occurred when reasonably possible, but in no event later than the end of following workday.

(4)        The parent or guardian of the student shall be provided with a written incident report for any incident reported under this section within a reasonable period of time, but in no event later than 30 days after the incident. The written incident report shall include:

a.         The date, time of day, location, duration, and description of the incident and interventions.

b.         The events or events that led up to the incident.

c.         The nature and extent of any injury to the student.

d.         The name of a school employee the parent or guardian can contact regarding the incident.

(5)        No local board of education or employee of a local board of education shall discharge, threaten, or otherwise retaliate against another employee of the board regarding that employee’s compensation, terms, conditions, location, or privileges of employment because the employee makes 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.

(k)        Nothing in this section shall be construed to create a private cause of action against any local board of education, its agents or employees, or any institutions of teacher education or their agents or employees or to create a criminal offense.