Rule 2903 - DCPS STUDENT DISCIPLINE CASES - DECISIONS2903.1 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 Subsection 2901.1. 2903.2 The Administrative Law Judge shall issue the findings of fact and conclusions of law within one school day after the close of the record. OAH shall provide a copy to DCPS, and to the adult student or minor student's parent, and 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 and 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 14 DCMR § 2500.9. OAH will 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 will return the case to DCPS for appropriate action.2903.6 Because OAH must return these 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 by Subsection 2830.1.D.C. Off. Admin. R. Prac. & P. 2903
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).