2904.1 No party in a student discipline case shall have the right provided by Section 2828 to file a motion for reconsideration or for a new hearing or a motion for relief from a final order.

2904.2 If the adult student or minor student’s parent or guardian did not receive actual notice of the hearing and DCPS has issued a final notice of disciplinary action, the adult student or minor student’s parent or guardian may file a request for reconsideration with DCPS and request that DCPS vacate the final notice and refer the case back to OAH for a hearing and to vacate the Findings of Fact and Conclusions of Law. When it decides such a request, DCPS may order a new hearing or DCPS may ask for OAH to decide whether to grant a new 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, 3130 (April 20, 2012).