D.C. Mun. Regs. tit. 1, r. 1-2903

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

Rule 1-2903 - DCPS STUDENT DISCIPLINE CASES - DECISIONS

2903.1

After the close of the record in a student discipline case, the Administrative Law Judge shall issue Findings of Fact and Conclusions of Law on the issues identified in §§ 2901.1.

2903.2

The Administrative Law Judge shall issue the Findings of Fact and Conclusions of Law within one (1) school day after the close of the record. OAH shall provide copies to DCPS, to the adult student or minor student's parent or guardian, and to any authorized representative.

2903.3

In all student discipline cases, DCPS shall be bound by the Administrative Law Judge's Findings of Fact and Conclusions of Law and shall have no authority to reverse or modify the Findings of Fact or Conclusions of Law.

2903.4

If the Administrative Law Judge concludes that the student committed any of the violations upon which the disciplinary action is based, the Administrative Law Judge shall make a recommendation for the appropriate discipline within the Tier found to be proper, considering the factors in 5-B DCMR §§ 2502. OAH shall return the case to DCPS for it to decide the appropriate discipline.

2903.5

If the Administrative Law Judge concludes that due process was denied or that the student did not commit any of the violations upon which the disciplinary action is based, OAH shall return the case to DCPS for appropriate action.

2903.6

Because this Section requires that OAH return student discipline cases to DCPS for further action, the Administrative Law Judge's decision is not a final disposition of the matter, and a statement of appeal rights is not required in accordance with §§ 2831.1.

D.C. Mun. Regs. tit. 1, r. 1-2903

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, 3130 (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.)).