D.C. Mun. Regs. tit. 1, r. 1-2902

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 1-2902 - DCPS STUDENT DISCIPLINE CASES - HEARINGS
2902.1

An adult student, or a minor student's parent or guardian, may request DCPS or OAH to postpone the hearing for not more than five (5) school days, if necessary to prepare for the hearing or provide for the attendance of necessary parties or witnesses.

2902.2

The parties shall file exhibits and witness lists at least one (1) day before the hearing unless the party has a good reason for not doing so. DCPS shall provide an adult student or a minor student's parent or guardian with any exhibits and witness lists when it issues the Notice of Hearing.

2902.3

DCPS shall allow an adult student, or a minor student's parent or guardian, or a student's attorney, to inspect and copy the student's disciplinary file before the hearing upon request and consistent with any applicable laws or regulations.

2902.4

Prior to the hearing, DCPS shall make the student's disciplinary file electronically available to OAH and to the adult student or to the minor student's parent or guardian. Either party may move to introduce all or part of the disciplinary file into evidence at the hearing.

2902.5

The parties shall have all rights set forth in §§ 2823.5 at a hearing.

2902.6

An adult student or a minor student's parent or guardian may select another person to represent a student at a hearing, in addition to the representatives listed in §§ 2808 and 2810. The representative shall be subject to §§ 2810.12 through 2810.14.

2902.7

The hearing shall be closed to the public unless the adult student or the minor student's parent or guardian requests the hearing be open to the public.

2902.8

A party who fails to appear for a scheduled hearing may ask OAH, in writing, for a new hearing date. The request shall be filed within one (1) school day after the scheduled hearing date. The Administrative Law Judge may grant a new hearing date for good cause shown.

D.C. Mun. Regs. tit. 1, r. 1-2902

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.)).