D.C. Mun. Regs. tit. 1, r. 1-2901

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 1-2901 - 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;

(c) Whether any failure to follow procedures identified in 5-B DCMR §§ 2505 was prejudicial;

(d) Whether the facts show that the student committed any of the violations upon which a proposed disciplinary action is based; and

(e) The proper Tier for any violation shown, 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:

(a) The date and time of the hearing;

(b) Directions for attending the hearing remotely (or the location of an inperson hearing);

(c) The hearing rights of the adult student or the minor student's parent or guardian; and

(d) The consequences of failing to attend the hearing without a good reason.

D.C. Mun. Regs. tit. 1, r. 1-2901

Notice of Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 3128, 3129 (April 20, 2012); Final Rulemaking published at 63 DCR 6594 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)

Notice of Final Rulemaking published at 59 DCR 3128 (April 20, 2012) renamed chapter 29, "Office of Administrative Hearings: Rules for DCPS, Rental Housing, Public Benefits, and Unemployment Insurance Cases."

Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7) (2007 Repl. & 2011 Supp.)).