MAYOR AND EXECUTIVE AGENCIES - OFFICE OF ADMINISTRATIVE HEARINGS: RULES FOR DCPS, RENTAL HOUSING, PUBLIC BENEFITS, AND UNEMPLOYMENT INSURANCE CASES - DCPS STUDENT DISCIPLINE CASES - REFERRALS


Published: 2016-04-29

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2901 DCPS STUDENT DISCIPLINE CASES – REFERRALS

2901.1 DCPS may refer a student discipline case to OAH, for an Administrative Law Judge to hold a hearing and to decide:

(a) The material facts;

(b) Whether required due process procedures, including notice and the opportunity to respond to the charges, have been followed or have been waived, including whether there was prejudicial failure to follow procedures identified in 5-B DCMR § 2505; and

(c) Whether the facts show that the student committed any of the violations upon which a proposed disciplinary action is based and the proper Tier for any violation, as specified in 5-B DCMR § 2502.

2901.2 DCPS shall refer a student discipline case by filing with OAH a copy of the notice of recommended action provided to the adult student, or a minor student’s parent or guardian. DCPS shall provide the adult student or minor student’s parent or guardian with a hearing notice that states the date, time and location for the hearing and shall include the parent’s rights at the hearing. The notice shall include the parent’s rights at the hearing and state the consequences of failing to attend the hearing.

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).