Section 1-2902. DCPS STUDENT DISCIPLINE CASES - HEARINGS  


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    2902.1An adult student, or a minor student’s parent or guardian, may request DCPS or OAH to postpone the hearing for not more than five school days if necessary to prepare for the hearing or provide for the attendance of necessary parties or witnesses.

     

    2902.2The parties may, but are not required, to file exhibits and witness lists in advance of the hearing.

     

    2902.3DCPS 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.

     

    2902.4DCPS shall make the student’s disciplinary file electronically available to OAH.  OAH shall make copies of the disciplinary file available at the hearing to DCPS and the adult student or 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.

     

    2902.5The parties shall have all rights set forth in Subsection 2821.5 at a hearing.

     

    2902.6In addition to the representatives listed in Sections 2833 and 2835, an adult student or a minor student’s parent or guardian may select another person to represent a student at a hearing.  Such a representative is subject to Subsections 2835.12 through 2835.14.

     

    2902.7The 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.

     

    2902.8A party who fails to appear for a scheduled hearing may ask OAH, in writing, for a new hearing date.  The request must 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.

     

     

authority

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) (2012 Repl.)).

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).