D.C. Mun. Regs. tit. 1, § 2901
DCPS Student Discipline Cases - Referrals
Effective Apr 20, 201259 DCR 3128Authority: 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) (2016 Repl. & 2019 Supp.)). 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).District of Columbia, Office of the Secretary
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, including whether there was prejudicial failure to follow procedures identified in 5 DCMR B § 2505; and
- (c) Whether the facts show that the student committed any of the violations upon which a proposed disciplinary action is based and the proper Tier for any violation, as specified in 5 DCMR B § 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. The hearing notice shall contain the hearing date and state the consequences of failing to attend the hearing.
SOURCE: 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).