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

1. (a) The material facts;
2. (b) Whether required due process procedures, including notice and the opportunity to respond to the charges, have been followed or have been waived;
3. (c) Whether any failure to follow procedures identified in 5-B DCMR § 2505 was prejudicial;
4. (d) Whether the facts show that the student committed any of the violations upon which a proposed disciplinary action is based; and
5. (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:

1. (a) The date and time of the hearing;
2. (b) Directions for attending the hearing remotely (or the location of an in-person hearing);
3. (c) The hearing rights of the adult student or the minor student’s parent or guardian; and
4. (d) The consequences of failing to attend the hearing without a good reason.

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); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024).