The Office of Administrative Hearings hears cases involving certain disciplinary actions by the District of Columbia Public Schools (DCPS) Tier IV (off-site short-term suspensions to long-term suspensions) and Tier V (long-term suspensions to expulsions). All the proceedings are confidential; closed hearings at the Office of Administrative Hearings occur as a matter of right. After an evidentiary hearing, the administrative law judge issues an Order including findings of fact and conclusions of law, as well as a recommendation for the appropriate discipline. Based on the Order, DCPS then has 24 hours to make a determination about the final disciplinary action.
If DCPS makes a determination that a student is not a resident of the District of Columbia, that decision may be appealed to the Office of Administrative Hearings. The administrative law judge issues a Final Order after an evidentiary hearing and the Final Order may then be appealed to the District of Columbia Court of Appeals.
The Office of Administrative Hearings also hears disputes between vendors and DCPS.
Administrative law judges issue a written decision for every case that is contested. The decisions below are examples of some issues raised in Office of Administrative Hearings’ cases involving this agency. You can review these decisions to get a sense of how prior cases were decided.
Please note that the facts of each case are different. These cases should be used for informational purposes only. Identifying information has been redacted from these decisions because of confidentiality requirements.
- In re: R.J., Jr., January 15, 2012 (recommending that the proposed disciplinary action be modified to a Tier IV off-site medium-term suspension for 10 days for fighting)
- In re: Student at Kelly Miller, February 15, 2012 (recommending that the proposed disciplinary action be modified to an off-site short-term suspension for 13 days for theft of a teacher’s property)
- In re: Student at Spingarn, February 16, 2012 (recommending that the proposed disciplinary action be modified to an off-site long-term suspension for 60 days for possession of marijuana)
- In re: Student at Ballou High School, February 23, 2012 (finding student involved in a fight had committed a Tier IV infraction rather than a Tier V infraction and recommending a 19-day suspension)
- In re: Student at Kramer Middle School, February 9, 2012 (affirming a Tier IV infraction and long-term suspension for student who repeatedly disrupted a classroom by screaming and overturning a table)
- In re: Student Ballou High School, February 23, 2012 (finding student involved in a spontaneous fight, not resulting in injuries, had committed a Tier IV infraction rather than a Tier V infraction and recommending a 20-day suspension)
- In re: Student at Anacostia High School, February 16, 2012 (finding no evidence to support a Tier IV infraction for lewd or indecent public behavior or sexual misconduct and recommending no discipline be imposed)
- In Re: Student at Dunbar High School, February 23, 2012 (finding student who brought a knife to school had committed a Tier IV infraction and recommending a 10-day suspension in light of extenuating circumstances)
Administrative law judges base their decisions upon many sources of law, chief among them the District of Columbia laws (DC Official Code) and the District of Columbia regulations (DCMR). Depending on the type of case, federal law (US Code) and federal regulations (CFR) may also be relevant. Cases decided on the issues in other courts, especially the District of Columbia Court of Appeals, are relevant.
- General—Blank Submission Form
- General—Certificate of Service (in English and en Español)
- General—Customer Survey Form
- General—Electronic Filing Cover Sheet
- General—Subpoena Form (sample only)
- General—Notice of Appearance for Lawyers
- General—Request for a Different Hearing Date (in English and en Español)
- General—Request to Participate by Telephone (in English and en Español)
- General—Request for Audio Recording of Hearing