Chapter 29: Rules for DCPS & OSSE Cases

2900.1

Sections 2900 through 2909 shall govern procedures in cases referred to OAH by the District of Columbia Public Schools (DCPS) and by the District of Columbia Office of the State Superintendent of Education (OSSE).

2900.2

The Rules in Chapter 28 shall apply for procedural issues not addressed in §§ 2900 through 2909.

2900.3

OAH is not required to follow any other procedural rules adopted by DCPS or by OSSE in cases referred to OAH by DCPS or by OSSE.

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;

(c) Whether any failure to follow procedures identified in 5-B DCMR § 2505 was prejudicial;

(d) Whether the facts show that the student committed any of the violations upon which a proposed disciplinary action is based; and

(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:

(a) The date and time of the hearing;

(b) Directions for attending the hearing remotely (or the location of an in-person hearing);

(c) The hearing rights of the adult student or the minor student’s parent or guardian; and

(d) The consequences of failing to attend the hearing without a good reason.

2902.1

An adult student, or a minor student’s parent or guardian, may request DCPS or OAH to postpone the hearing for not more than five (5) school days, if necessary to prepare for the hearing or provide for the attendance of necessary parties or witnesses.

2902.2

The parties shall file exhibits and witness lists at least one (1) day before the hearing unless the party has a good reason for not doing so. DCPS shall provide an adult student or a minor student’s parent or guardian with any exhibits and witness lists when it issues the Notice of Hearing.

2902.3

DCPS shall allow an adult student, or a minor student’s parent or guardian, or a student’s attorney, to inspect and copy the student’s disciplinary file before the hearing upon request and consistent with any applicable laws or regulations.

2902.4

Prior to the hearing, DCPS shall make the student’s disciplinary file electronically available to OAH and to the adult student or to the minor student’s parent or guardian. Either party may move to introduce all or part of the disciplinary file into evidence at the hearing.

2902.5

The parties shall have all rights set forth in § 2823.5 at a hearing.

2902.6

An adult student or a minor student’s parent or guardian may select another person to represent a student at a hearing, in addition to the representatives listed in §§ 2808 and 2810. The representative shall be subject to §§ 2810.12 through 2810.14.

2902.7

The hearing shall be closed to the public unless the adult student or the minor student’s parent or guardian requests the hearing be open to the public.

2902.8

A party who fails to appear for a scheduled hearing may ask OAH, in writing, for a new hearing date. The request shall be filed within one (1) school day after the scheduled hearing date. The Administrative Law Judge may grant a new hearing date for good cause shown.

2903.1

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 § 2901.1.

2903.2

The Administrative Law Judge shall issue the Findings of Fact and Conclusions of Law within one (1) school day after the close of the record. OAH shall provide copies to DCPS, to the adult student or minor student’s parent or guardian, and to 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 or 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 5-B DCMR § 2502. OAH shall 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 shall return the case to DCPS for appropriate action.

2903.6

Because this Section requires that OAH return student discipline 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 in accordance with § 2831.1.

2904.1

Section 2830 of these Rules shall not apply to DCPS cases. If DCPS has not issued a final notice of disciplinary action, any party may file a written motion for reconsideration of the Findings of Fact and Conclusions of Law no later than one (1) school day after the date the decision is issued. A copy of any such motion shall be served on the opposing party. The presiding ALJ shall decide the motion within one (1) school day.

2904.2

If any party files a motion for reconsideration or for a new hearing, the Administrative Law Judge may change the Findings of Fact and Conclusions of Law or grant a new hearing where substantial justice requires, or for any reason including, but not limited to, the following:

(a) The party filing the motion did not attend the hearing, has a good reason for not doing so, and states an adequate claim or defense;

(b) The Findings of Fact and Conclusions of Law contain an error of law;

(c) The Findings of Fact and Conclusions of Law are not supported by the evidence; or

(d) New evidence has been discovered that previously was not reasonably available to the party filing the motion.

2904.3

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:

(a) Vacate the final notice;

(b) Refer the case back to OAH for a hearing, and

(c) Vacate the Findings of Fact and Conclusions of Law.

2904.4

DCPS may order a new hearing, or request OAH to decide whether to grant a new hearing, when deciding the request for reconsideration.

2905.1

OSSE may refer a contested residency case to OAH for a final decision.

2906.1

OSSE shall refer a contested residency case to OAH by filing a copy of the exclusion letter given to the student’s parent, custodian, guardian, or other primary caregiver and the request for review that OSSE received, along with a statement that OSSE requests OAH to hear and decide the case.

2907.1

In all contested residency cases, OAH shall set the hearing date and issue the hearing notice.

2907.2

The Rules in Chapter 28 shall apply to all hearings in contested residency cases, except that parties shall file and serve the witness lists and exhibit lists required by § 2823.2 no later than five (5) calendar days before the hearing date. All exhibits filed by OSSE shall be marked with numbers for identification beginning with 200.

2907.3

The student’s parent, custodian, guardian, or other primary caregiver who is claiming District of Columbia residency has the burden of proving the student’s residency status for the purpose of deciding whether the student may enroll in a District of Columbia public school tuition free.

2908.1

The presiding Administrative Law Judge shall issue a final order in all contested residency cases, which shall include the statement of appeal rights required by § 2831.1.

2909.1

The OAH record in any case referred by DCPS or by OSSE shall be confidential. Only the following persons shall have access to that record:

(a) The adult student or the adult student’s representative;

(b) The minor student’s parent, guardian, or representative;

(c) Any person who has the written consent of the adult student or the minor student’s parent or guardian;

(d) School officials with a legitimate official interest; and

(e) The student’s parent, custodian, or other primary caregiver claiming District of Columbia residency, or their representative in a contested residency case.