аæèßäapp

Annual Notification to Parents 2024-2025
аæèßäapp

The following аæèßäapp County Board of Education policies may be of particular interest to parents, students, community volunteers, and other citizens. For the complete Board of Education policy manual, please visit the аæèßäapp website (www.gaston.k12.nc.us) and click on the Board of Education tab. If you are not able to access the Board of Education policy manual online, please contact your school principal or the аæèßäapp Communications Department, (704) 866-6237, to review a copy of the policy manual.

Policy 3470     Student Records
Policy 3600     Counseling Program
Policy 4020     Parental Involvement
Policy 4021     Title I Parent and Family Engagement
Policy 4030     Student and Parent Grievance Procedure
Policy 4304-R     Rules for Use of Seclusion and Restraint in Schools
Policy 4329/7311     Bullying and Harassing Behavior Prohibited
Policy 4331     Assaults and Threats
Policy 4339     School-Level Investigations
Policy 4375/7310     Staff-Student Relations
Policy 5010     School Volunteers
Policy 7220     Nondiscrimination on the Basis of Disabilities
Policy 7232     Discrimination and Harassment in the Workplace
Policy 1710/4023/7230     Discrimination and Harassment Prohibited by Federal Law
Policy 1720/4031/7235     Title IX Nondiscrimination on the Basis of Sex Policy
Policy 1725/4035/7236     Title IX Sexual Harassment-Prohibited Conduct and Reporting Process
Policy 1726/4036/7237     Title IX Sexual Harassment Grievance Process
 
At the beginning of each academic year, school districts are required to provide students and their parents with certain annual notices. Review the following information carefully and contact your child’s principal if you have questions.

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 who are eighteen (18) years of age or older (“eligible students”) certain rights with respect to the student’s education records.  These rights are:
• The right to inspect and review the student’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 an amendment of the student’s education records that you believe are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.  You should write the school principal, clearly identify the part of the record you want changed and specify why it should be changed.  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 provide written consent to disclosures of personally identifiable information contained in the student’s education records.  FERPA requires that the school obtain your written consent prior to the disclosure of any such information with certain exceptions.  School officials with a legitimate educational interest are an exception and do not need parental consent.  For a complete list of the disclosures that elementary and secondary schools may make without parental consent, see 34 CFR Part 99.37.  A school may disclose Personal Identifiable Information (PII) from the education records of a student without obtaining prior written consent to:
• Officials of another school, school system, or institution of post-secondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer;
• Authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local educational authorities, such as the State Educational Agency (SEA) of North Carolina (Disclosures under this provision may be made, subject to the requirements of, § 99.35, in connection with an audit or evaluation of federal- or state-supported education programs, or for the enforcement of/or compliance with federal legal requirements that relate to those programs.  These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf, if applicable requirements are met.); 
• Financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid;
• State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a state statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released;
• Organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction;
• Accrediting organizations to carry out their accrediting functions;
• Parents of an eligible student if the student is a dependent for IRS tax purposes;
• Comply with a judicial order or lawfully issued subpoena;
• Appropriate officials in connection with a health or safety emergency;
• Agency case worker or other representative of a state or local child welfare agency or tribal organization who is authorized to access a student’s case plan when such agency or organization is legally responsible, in accordance with state or tribal law, for the care and protection of the student in foster care placement; and
• The Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for purposes of conducting program monitoring, evaluations, and performance measurements of programs.

A school official includes any of the following when that person has a “legitimate educational interest” in having access to the information:
a. Any administrator, supervisor, instructor, certified staff member, or support staff member (including health, medical, safety, law enforcement unit personnel, and security staff) employed by the school district;
b. A school board member;
c. A contractor, consultant, volunteer, or other party who, while not employed by the school, performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records and is subject to FERPA requirements governing the use and redisclosure of PII from education records, including but not limited to, an attorney, auditor, cloud storage provider, consultant, expert witness, hearing officer, law enforcement unit, investigator, insurer/insurance company adjuster, investigator, or any other claims representative, medical providers or consultants, or counselors/therapists;
d. A person serving on a committee appointed by the school board or by the administration of the school district, such as a disciplinary or grievance committee or other review committee.
e. A school official has a “legitimate educational interest” if the official needs to review an education record in order to fulfill his or her professional responsibility.

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

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.

Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to you, § 99.32 of the FERPA regulations requires the school to record the disclosure.  You have a right to inspect and review the record of disclosures.

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.  An “opt out” is perpetual and can only be rescinded in writing. 

You have a right to inspect and review the record of disclosures.

You have 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:
      Student Privacy Policy 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; 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, national origin, sex, disability, religion, age, genetic information, or veteran’s status in its educational programs, activities, admissions, or employment policies.

For inquiries or complaints or to request a copy of the school district’s grievance procedures, contact:
Dana Lutz
Title IX/ADA Coordinator
215 West Third Avenue
аæèßäappia, NC 28052
(704) 866-6245

Lorie Cox
Section 504 Coordinator
215 West Third Avenue
аæèßäappia, NC 28052
(704) 866-6160
  
The coordinator for other nondiscrimination laws is:
Beth Suber, Executive Director for Human Resources
1351 Bradford Heights Road
аæèßäappia, NC 28054
(704) 866-6129

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 three (3) and twenty-one (21) who have been diagnosed with or are suspected to have mental, physical,k 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 special assistance, contact:
      Stacy Huffman
      Executive Director
      Department for Exceptional Children
      (704) 866-6160

D. Homeless Students: McKinney-Vento Homeless Assistance Act
For information concerning the educational rights of homeless students, consult board policy 4175 or contact:
      Justine Bartlett
      McKinney-Vento Liaison
      943 Osceola Street
      аæèßäappia, NC 28054
      (704) 866-6236

E. Protection of Pupil Rights Amendment (PPRA) and N.C.G.S. § 115C-76.65
PPRA and N.C.G.S. § 115C-76.65 afford parents of elementary and secondary students certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams.  These include, but are not limited to:
• Federal Law:
Parents must consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education:
1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom students 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 student’s parent; or
8. Income, other than as required by law to determine program eligibility.

• State Law:
Under N.C.G.S. § 115C-76.65, parents must receive notice and must agree to “opt in” their student to any of the following:
1. Any other protected information survey (see topics 1-8), regardless of funding;
2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school district, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under state law; and
3. Activities involving collection, disclosure, or use of personal information collected from students for marketing or to sell or otherwise distribute the information to others. (This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions.)

Parents may inspect, upon request and prior to the administration or use of:
1. Protected information surveys of students and surveys created by a third party;
2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
3. Instructional material used as part of the educational curriculum.

These rights transfer from the parents to a student who is 18 years old or an emancipated minor under state law.  

The school district has developed and adopted policies regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.  Parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys.  Parents will also be provided an opportunity to review any pertinent surveys.  The following is a list of the specific activities and surveys covered under this direct notification requirement:
• Collection, disclosure, or use of personal information collected from students for marketing, sales, or other distribution.
• Administration of any protected information survey not funded in whole or in part by the U.S. Department of Education.
• Any non-emergency, invasive physical examination or screening as described above.

Parents who believe their rights have been violated may file a complaint with the Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202.

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 5-49 years of age.  Influenza viruses change often.  Therefore, influenza vaccine is updated every year.  Protection develops in about two 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.

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 percent 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 аæèßäapp County Health Department at (704) 853-5000 or contacting the Centers for Disease Control and Prevention (CDC) at 1-800-232-2522 (English) or 1-800-232-0233 (Spanish) or visiting .

G. Student Health: N.C.G.S. § 115C-47(51)
North Carolina General Statute § 115C-47(51) requires schools to provide information concerning cervical cancer, cervical dysplasia, and human papillomavirus and the vaccines available to prevent these diseases.

Information on these diseases and the vaccines can be found at .  Those individuals without internet access can contact a school nurse or the аæèßäapp County Health Department at (704) 853-5000.  

H. North Carolina Safe Surrender Law
Pursuant to Article 5A of Chapter 7B of the General Statutes, an individual may legally surrender their newborn baby to a responsible adult without fear of criminal prosecution.  While any responsible adult may receive a newborn, school social workers, school nurses, counselors, and law enforcement agents are examples of responsible adults who are familiar with this law.  More information can be found at .  Those individuals without internet access can contact a school nurse or social worker for information.  

I. Asbestos Hazard Emergency Response Act
This notice provides you with information regarding the Asbestos Hazard Emergency Response Act (AHERA) Management Plan for аæèßäapp.  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.” (§763.84(c))

The AHERA Management Plan contains documents of the initial AHERA inspection, six-month periodic surveillances, triennial re-inspections, employee training, and operations and maintenance procedures. If you have any questions regarding the AHERA Management Plan for this school district, you can contact the аæèßäapp Facilities Services Department, (704) 866-6146.

J. 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, consult board policy 9235 or contact:
      Mark Schultz
      Operations Manager
      943 Osceola Street
      аæèßäappia, NC 28054
      (704) 866-6270

K. Student Restraint/Seclusion/Isolation
The school district has adopted board policy 4304, as required by N.C.G.S. § 115C-391.1.  Board policy 4304 and N.C.G.S. § 115C-391.1 are provided below.

Board Policy 4304: Rules For Use of Seclusion and Restraint in Schools
The following rules will govern the use of seclusion and restraint by school personnel.  As used in this regulation, “school personnel” means employees of the Board and any persons working on school grounds or at a school function (1) under a contract or written agreement with the school system to provide educational or related services to students or (2) for another agency providing educational or related services to students.
Seclusion and restraint will not be used on students with disabilities (1) for behavior(s) that would not result in seclusion or restraint for students without identified disabilities, unless the use is authorized by the student’s IEP or Section 504 Plan for an educational or safety-related purpose, or (2) based on assumptions or stereotypes about disabilities or students with disabilities generally.

A. Physical Restraint
Physical restraint means the use of physical force to restrict the free movement of all or a part of a student’s body.
Physical restraint will be considered to be a reasonable use of force when used in the following circumstances:
1. as reasonably needed to obtain possession of weapons or other dangerous objects on the person or within the control of a student;
2. as reasonably needed to maintain order or to prevent or break up a fight;
3. as reasonably needed for self-defense;
4. as reasonably needed to ensure the safety of any student, employee, volunteer, or other person present;
5. as reasonably needed to teach a skill, to calm or comfort a student, or to prevent self-injurious behavior;
6. as reasonably needed to escort a student safely from one area to another;
7. if used as provided for in an IEP, Section 504 plan, or behavior intervention plan; or
8. as reasonably needed to prevent imminent destruction to school or another person’s property.
Except as set forth above, physical restraint of students will not be considered a reasonable use of force, and its use is prohibited.  In addition, physical restraint will not be considered a reasonable use of force when used solely as a disciplinary consequence.
Prone restraint is a form of physical restraint in which a person is held in a face-down position on the floor or other surface.  Prone restraint does not include placement in a face-down position as part of a necessary medical intervention.  The use of prone restraint is prohibited.

B. Mechanical Restraint
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.
Mechanical restraint of a student by school personnel is permissible only in the following circumstances:
1. when properly used as an assistive technology device included in the student’s IEP, Section 504 plan, or behavior intervention plan or as otherwise prescribed by a medical or related service provider;
2. when using seat belts or other safety restraints to secure a student during transportation;
3. as reasonably needed to obtain possession of weapons or other dangerous objects on the person or within the control of a student;
4. as reasonably needed for self-defense; or
5. as reasonably needed to ensure the safety of any student, employee, volunteer, or other person.
Except as set forth above, mechanical restraint, including the tying, taping, or strapping down of a student, will not be considered to be a reasonable use of force, and its use is prohibited.

C. Seclusion
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 or (b) incapable of leaving due to physical or intellectual capacity.
Seclusion of a student by school personnel may be used in the following circumstances:
1. as reasonably needed to respond to a person in control of a weapon or other dangerous object;
2. as reasonably needed to maintain order or prevent or break up a fight;
3. as reasonably needed for self-defense;
4. 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; or  
5. when used as specified in the student’s IEP, Section 504 plan, or behavior intervention plan; and
      a. the student is monitored by an adult in close proximity who is able to see and hear the student at all times while the student is in seclusion;
      b. 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, Section 504 plan, or behavior intervention plan;
      c. the confining space has been approved for such use by the school district;
      d. the space is appropriately lighted, ventilated, and heated or cooled; and
      e. the space is free from objects that unreasonably expose the student or others to harm.
Except as set forth above, the use of seclusion is not considered to be reasonable force, and its use is prohibited.  In addition, seclusion will not be considered a reasonable use of force when used solely as a disciplinary consequence.

D. Isolation
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.
Isolation is permitted as a behavior management technique provided that:
1. the isolation space is appropriately lighted, ventilated, and heated or cooled;
2. the duration of the isolation is reasonable in light of the purpose for the isolation;
3. the student is reasonably monitored while in isolation; and
4. the isolation space is free from objects that unreasonably expose the student or others to harm.

E. Time-Out
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.  Teachers are authorized to use time-out to regulate behavior within their classrooms.

F. Aversive Procedures
Aversive procedure means a systematic physical or sensory intervention program for modifying the behavior of a student with a disability that causes or reasonably may be expected to cause one or more of the following:
1. significant physical harm, such as tissue damage, physical illness, or death;
2. serious and foreseeable long-term psychological impairment; or
3. obvious repulsion on the part of observers who cannot reconcile such extreme procedures with acceptable standard practice; for example:  
      a. electric shock applied to the body;
      b. extremely loud auditory stimuli;
      c. forcible introduction of foul substances to the mouth, eyes, ears, nose, or skin;
      d. placement in a tub of cold water or shower;
      e. slapping, pinching, hitting, or pulling hair;
      f.  blindfolding or other forms of visual blocking;
      g. unreasonable withholding of meals;
      h. eating one’s own vomit; or
      i.  denial of reasonable access to toileting facilities.
The use of aversive procedures is prohibited.

G. Notice, Reporting, and Documentation
1. School personnel shall promptly notify the principal or designee of any of the following:
      a. any use of aversive procedures;
      b. any prohibited use of mechanical restraint;
      c. any use of physical restraint resulting in observable      
      physical injury to a student;
      d. any prohibited use of seclusion; or
      e. any seclusion exceeding 10 minutes or the amount of      
      time specified in a student’s behavior intervention plan.
2. Notice to Parents
When a principal or designee has personal or actual knowledge of any of the incidents listed in subsection G.1, above, he or she shall promptly notify the student’s parent or guardian and shall provide the name of the school employee whom the parent or guardian may contact regarding the incident.  Such notice shall be provided by the end of the workday during which the incident occurred when reasonably possible, but no later than the end of the following workday.  Such notice also shall be provided in addition to the written incident report required in subsection G.3 below.  
3. Written Report to Parents
Within a reasonable period of time not to exceed 30 days after any incident listed in subsection G.1 of this regulation occurs, the principal or designee shall provide the parent or guardian with a written incident report.  This report must include the following:
      a. the date, time of day, location, duration, and
      description of the incident and interventions;
      b. the event or events that led up to the incident;
      c. the nature and extent of any injury to the student; and
      d. the name of a school employee the parent or guardian      
      can contact regarding the incident.
4. Reporting to State Board
The local Board will maintain a record of incidents reported under the procedure described in subsection G.3 above and will provide this information annually to the State Board of Education.
5. Non-Retaliation for Reporting
Any employee making a report alleging a prohibited use of physical or mechanical restraint, seclusion, or aversive procedure will not be discharged, threatened, or retaliated against through compensation, terms, conditions, location, or privileges of employment unless the employee knew or should have known that the report was false.

N.C.G.S. § 115C-391.1: Permissible Use of Seclusion and Restraint
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 prevented from leaving.
(6) “Law enforcement officer” means a sworn law enforcement officer with the authority 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-390.3 or modifies the rules and procedures governing discipline under G.S. 115C-390.1 through G.S. 115C-390.12

J. Notice, Reporting, and Documentation.
(1) Notice of Procedures – Each local board of education shall provide to school personnel and parents or guardians at the beginning of each school year copies of this section and all local board policies developed to implement this section.
(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 ten 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 no event later than the end of the 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 higher education or their agents or employees or to create a criminal offense.

L. Parental Information for Title I Schools
The following schools in the district receive federal funding through Title I: H.H. Beam Elementary, W. Blaine Beam Intermediate, Bessemer City Central Elementary, Bessemer City Middle, Bessemer City Primary, Brookside Elementary, Carr Elementary, Catawba Heights Elementary, Chapel Grove Elementary, Cherryville Elementary, Costner Elementary, Gardner Park Elementary, Grier Middle, Ida Rankin Elementary, Kiser Elementary, Lingerfeldt Elementary, Lowell Elementary, North Belmont Elementary, Pinewood Elementary, Pleasant Ridge Elementary, Robinson Elementary, Sadler Elementary, Sherwood Elementary, Springfield Elementary, Southwest Middle, Tryon Elementary, Woodhill Elementary, and York Chester Middle.  

These funds are used to provide supplemental instruction to students who are in need of assistance in the area of reading and, on occasion, in the area of mathematics.  Our goal is to provide early intervention to struggling learners.  

Federal guidelines require that school districts provide a process by which parents may request the qualifications of their child’s teacher.  As a parent of a student in a Title I school, you have the right to know the following information:
• Whether the teacher has met state qualifications and licensing criteria for the grade levels and subject areas in which the teacher provides instruction;
• Whether the teacher is teaching under emergency or other provisional status through which state qualifications or licensing have been waived;
• The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree;
• Whether the child is provided services by paraprofessionals and, if so, their qualifications.

To request this information, contact:
Cynthia Reynolds
Title I Director
2500 Sedgefield Avenue
аæèßäappia, NC 28052
(704) 810-8804

M. Free or Reduced School Lunch
A free or reduced lunch application form, or instructions on how to access the application online, will be sent home with your child at the beginning of the school year.  Complete the form and return it to your child’s teacher.  You will be notified if your child(ren) qualifies for free or reduced meal prices.  All information is strictly confidential.  For more information on participation in the Free or Reduced School Lunch program or questions about breakfast and summer lunch programs, contact your school’s principal or the аæèßäapp Nutrition Department, (704) 836-9110.

N. Student Discipline Policies
Pursuant to N.C.G.S. § 115C-390.2(i), schools must make available all policies, rules and regulations regarding student discipline.  For the Board’s policies and regulations regarding student discipline, consult the Board’s online policy manual at www.gaston.k12.nc.us.  All other student discipline information will be printed in student/school handbooks or made available on the school’s website.

O. Student and Parent Complaint and Grievance Procedures
For information concerning student and parent complaint and grievance procedures, see board policy 4030.

P. Equal Access to Facilities
The school district provides equal access to its facilities.  For more information about accessing school facilities, consult board policy 8370.

Q. Information Regarding Advanced Courses
Pursuant to N.C.G.S. § 115C-174.26(d), schools must provide information to students and parents on available opportunities and the enrollment process for students to take advanced courses.  This information will be printed in student/school handbooks or made available on the school’s website at the beginning of the year.

R. School Bullying/Cyberbullying Policies
Pursuant to N.C.G.S. § 115C-407.16(d), school principals shall provide the local board of education’s policy prohibiting bullying and harassing behavior, including cyberbullying, to staff, students, and parents.  A copy of these policies is available at www.gaston.k12.nc.us and will be printed in student/school and employee handbooks.  Printed copies of the policies are available from the school principal upon request.  

S. Student Testing Information
For information concerning the dates of systemwide and state-mandated tests that students will be required to take during the school year, how the results from the test will be used, and whether each test is required by the State Board of Education or the local board of education, contact Michael Foust, director of testing, at (704) 861-2498. For a list of student testing dates, visit www.gaston.k12.nc.us or contact your child’s school.

T. School Annual Report Card Grade
Pursuant to N.C.G.S. § 115C-47(58), you will be notified of the most recent grade of the school your child is attending, as issued by the State Board of Education, if the school received a grade of “D” or “F”.

U. Student Wellness Policy
For information concerning the district’s student wellness policy, see board policy 3530.

V. School Health Education Program
You have the right to review materials for and to opt out your child’s participation in curricula related to: (a) prevention of sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS); (b) avoidance of out-of-wedlock pregnancy; or (c) reproductive health and safety education.  A copy of the materials that will be used in these curricula will be available in the school media center during the school year and at other times that the media center is available to the public.  Materials also may be made available for review in the central office.

W. School District Report Card
For information concerning the Report Card that is required by Section 6311(h)(1) and (2) of the Elementary and Secondary Education Act or a copy of the Report Card, visit www.gaston.k12.nc.us or contact the school principal.

X. Title IX Nondiscrimination on the Basis of Sex
The school district does not discriminate on the basis of sex in its education programs or activities and is required by Title IX of the Education Amendments Act of 1972 and federal regulations to not discriminate in such a manner.  This requirement extends to admission and employment.  The Board will not tolerate discrimination on the basis of sex, including any form of sexual harassment as that term is defined under Title IX, in any program or activity of the school system.

The Board has designated a Title IX coordinator to coordinate its efforts to comply with its responsibilities under Title IX and its implementing regulations. Our Title IX Coordinator, Dana Lutz, may be contacted at (704) 866-6245.

Inquiries about the application of Title IX and its implementing federal regulations may be referred to the Title IX Coordinator and/or the Assistant Secretary for Civil Rights in the Office for Civil Rights at the U.S. Department of Education.  The contact information for the Office for Civil Rights with jurisdiction over North Carolina is: 4000 Maryland Ave., SW, Washington, DC 20202. Telephone: 202-453-6020. Email: OCR.DC@ed.gov.

For more information about the Title IX policies and grievance procedures, consult the following board policies: Title IX Nondiscrimination on the Basis of Sex Policy 1720/4031/7235; Title IX Sexual Harassment Prohibited Conduct and Reporting Process Policy 1725/4035/7236; and Title IX Sexual Harassment Grievance and Process Policy 1726/4036/7237. This information is also available at .

Y. Healthcare Services
The school system may provide certain healthcare services within its schools.  You must provide consent to such services prior to any being provided to your student.  A list of all healthcare services offered at your child’s school will be provided by the school.

Z. Parental Remedies
The school system has adopted procedures for you to notify the principal at your child’s school regarding concerns about the school system’s procedures and practices and a process for resolving those concerns within seven days of the date of notification by you.  If the concern has not been resolved within 30 days following the date of notification, the school system shall provide a statement of the reasons for not resolving the concern.  Procedures for filing a grievance can be found in the board policy.  

If a concern is not resolved by the school system within 30 days, you may do either of the following:
1. Notify the State Board of Education of the concern and request a parental concern hearing; or
2. Bring an action against the school system for a declaratory judgment that the school system’s procedure or practice violated N.C. law.  

AA. Third Party App Opt Out Under 13
Chromebooks and iPads allow for the use of educational tools created by third parties. аæèßäapp (GCS) thoroughly reviews these services before their use. While some tools do not require a student user to provide any identifying information, others require the creation of an account using our Google for Education program where basic identifying information (a username, birth date, and account address) is provided.

Under a federal law, the Children’s Online Privacy Protection Act (COPPA), the school district may consent to the use of certain third-party or cloud-based educational services on a parent’s behalf. COPPA applies only to children less than 13 years of age. In order to keep you informed, best protect your child, and best protect the liability of аæèßäapp, we are asking for your approval for аæèßäapp to consent on your behalf to your child’s use of account-based online services.  Ð°æèßäapp’ educational technology team reviews and approves these services; they are not released to your child before being approved.

Students and employees may be allowed to create accounts approved by аæèßäapp that are necessary for using cloud services, accessing resources, sharing information, turning in assignments, or communicating with teachers. These accounts will be created in full compliance with COPPA laws.  All resource terms of agreements, including under age 13 restrictions, will be followed.

NOTE: Information and policies included in the Annual Notification to Parents are current as of August 1, 2024.  Local board policies may be revised due to changes in state legislation or the аæèßäapp County Board of Education’s approval.  To access board policies, visit www.gaston.k12.nc.us.  If you have questions about the Annual Notification to Parents, contact your school’s principal or call (704) 866-6100.

Notice about Pest Management
This notice is being distributed to comply with the North Carolina School Children’s Health Act.  IPM (Integrated Pest Management) is explained further in the school district’s Pest Management Policy (Policy Code 9235), which can be accessed on our website (www.gaston.k12.nc.us) – click the Board of Education section for policies. 

The IPM coordinator for our school district is:
Mark Schultz, Operations Manager
943 Osceola Street, P.O. Box 1397
аæèßäappia, North Carolina 28053
(704) 866-6270

Our school system may find it necessary to use pesticides to control pests. Chemicals are used in the least toxic form (active ingredient and/or formulation). North Carolina state law gives you the right to be notified annually of our use of pesticides. You may request notification ahead of time of pesticide applications. 

Certain relatively low-risk pesticides are exempt from these notification requirements, including antimicrobial cleaners, disinfectants, self-contained baits and crack-and-crevice treatments, and any other pesticide products classified by the U.S. Environmental Protection Agency (EPA) as belonging to the U.S. EPA’s Toxicity Class IV - “relatively nontoxic” group. 

Currently, all interior pest treatment products that we use belong to the U.S. EPA’s Toxicity Class IV - “relatively nontoxic” class of pesticides. In the event that a non-exempt pesticide must be used for a pest control emergency at a school and you have requested notification, you will be notified of the application in advance or as soon as possible after the pesticide application. 

If you would like notification of pesticide application, you will need to submit a written request for notification of non-exempt pesticide applications at your child’s school and/or at the school site where you are employed by the school district. Submit your written request to the school’s principal, or for non-school facilities, to the building manager.

The objectives of the Integrated Pest Management program are to: 
• Protect the health and well-being of students and staff and maintain a productive learning environment. 
• Maintain the integrity of school buildings and grounds and prevent damage or loss to school resources, structures, or property. 
• Prevent pests from spreading in the school.
• Prevent disruptions of the learning environment.
• Enhance the quality of life for students, staff, and others.

Our Integrated Pest Management program depends on the cooperation of everyone involved, including administrators, teachers, other school staff, students and parents, and pest management professionals. Communication is an important factor to the success in preventing and solving pest problems in our schools.

Notice about Asbestos
Some of аæèßäapp’ older buildings contain asbestos building materials. Because we value the health and safety of our students and employees, we want to advise you of this and tell you what to do should you encounter any materials you know or suspect to be asbestos. 

аæèßäapp employees must not handle any asbestos nor undertake any activity that would cause anyone to come in contact with asbestos. Any work involving asbestos will be handled by a vendor, who will be hired to deal with the asbestos. Any vendor hired will be appropriately licensed and qualified to perform asbestos work. аæèßäapp employees must not be involved in any such work. 

In case of an asbestos release, all occupants must immediately evacuate the area. The area must be secured and posted “no entry.” Under no circumstances must the asbestos be left exposed to students, employees, or visitors. A supervisor or principal must be notified immediately. Principals and/or supervisors must immediately contact the аæèßäapp Facilities Services Department at (704) 866-6146 or call the Emergency Line at (704) 866-6142.

All schools and facility offices have an Asbestos Hazard Emergency Response Act (AHERA) Plan, which shows all locations with asbestos-containing building materials. The AHERA Management Plan is available in the main office of each school for review upon request by parents, teachers, and school employees or their representatives. The school will make the Management Plan available within five working days of it being requested. The school may charge a reasonable cost to make copies. 

Every six months, an inspection is completed by Facility Services for all sites containing asbestos. Every three years, a re-inspection is performed by an appropriately licensed and qualified third-party consultant for each school building occupied by аæèßäapp. Information about the AHERA Management Plan is on the аæèßäapp website, www.gaston.k12.nc.us.

Notice about Automated Telephone Notification System
Keeping families informed is a priority for аæèßäapp. We use the ParentLink/Blackboard notification system to provide emergency weather communication, attendance notification, and community outreach information. By providing your contact information to your child’s school, you are consenting to receive recorded phone calls from your child’s school and the school system. 

If you do not wish to receive messages from the school or school system, you must notify the school in writing. By opting out of the automated telephone notification system, you will not receive any phone calls from the district or your child’s school. To ensure that you receive notification calls, please let the school know about any updates to your contact information.