Section 5-B2505. PROCEDURES FOR SUSPENSIONS AND EXPULSIONS

 

2505.1Authority to impose Suspensions and Expulsions is as follows:

 

(a)On-site Short-Term Suspension may only be authorized by the principal or a person designated by the Chancellor.

 

(b)Off-site Short-Term Suspension may only be authorized by the principal or a person designated by the Chancellor.

 

(c)Off-site Medium-Term Suspension may be proposed by the principal and may be authorized only by a person designated by the Chancellor. A person designated by the Chancellor may modify the proposed action including rescission.

 

(d)Off-site Long-Term Suspension may be proposed by the principal and may be authorized only by a person designated by the Chancellor. A person designated by the Chancellor may modify the proposed action including rescission.

 

(e)Expulsion, except Expulsions for violations relating to the Gun-Free Schools Act, may be proposed in writing by the principal to a person designated by the Chancellor and may be authorized only by the head of the Office of Youth Engagement pursuant to the recommendation of a person designated by the Chancellor.

 

2505.2Expulsions for violations of the Gun-Free School Act may be modified only by the Chancellor.

 

2505.3Any student who is to be suspended or expelled shall be given a conference with the school official responsible for proposing the disciplinary action, prior to the Suspension or Expulsion. In the event that a student is suspended pursuant to § 2504.4 due to emergency conditions, the conference shall be held no more than three (3) school days after the Suspension is initiated.

 

2505.4The conference shall include a discussion of the following:

 

(a)The grounds for disciplinary action as referred to in this chapter including a citation of the rule(s) upon which the action is based, and a description, in reasonable detail, of the facts and events upon which the disciplinary action is proposed;

 

(b)An explanation of the evidence or facts upon which the school official has determined that the student has committed an infraction, as defined in this chapter, including a summary of the recommended disciplinary action;

 

(c)An opportunity for the student to present the student’s version of the facts or to explain the events or action upon which the alleged infraction is based;

 

(d)The decision regarding the infraction and the recommended disciplinary action to be provided after the student has had an opportunity to present his or her version of the facts and/or to explain the events or actions upon which the alleged infraction is based;

 

(e)A statement informing the adult student, or minor student’s parent or guardian, of the right to examine the student’s records and any official report of the incident prior to the imposition of the proposed discipline; and

 

(f)The student’s rights to an appeal pursuant to § 2505.13 or to a hearing pursuant to § 2505.14.

 

(g)If the principal is recommending Long-Term Suspension or Expulsion, the principal shall report his or her findings and recommendations from the conference in writing to the student and parent or guardian and a person designated by the Chancellor. The principal shall also inform the student and parent or guardian in writing of disciplinary hearing procedures, appeal rights, the intervention supports available to the student, and the requirements for readmission.

 

2505.5The conference may include the parent or guardian, witnesses, and/or legal representative, but participation by such party(ies) shall not be required.

 

2505.6Students and parents or guardians shall be provided written notice of all Suspensions and Expulsions as follows:

 

(a)No student may be suspended or expelled, including on-site Suspension, without written notice to the adult student or minor student’s parent or guardian.

 

(b)Following the oral notice provided to parents or guardians pursuant to § 2504.13 verifiable written notice using contact information provided by the parent or guardian (e.g. email, certified mail, or hand-delivered mail with a signature receipt) of all authorized or proposed Suspensions and Expulsions must be sent to the parent or guardian or to the adult student no later than one (1) school day after the decision by the principal or a person designated by the Chancellor to authorize or propose Suspension or Expulsion.

 

(c)The notice must inform the parent or guardian of the identity of the person who has the authority to modify or rescind the proposed Suspension or Expulsion. Adult students shall receive notification of their infraction in the same manner.

 

(d)The notice must also include a description of the infraction including a citation of the rule(s) upon which the action is based, a summary of the facts, the length of the proposed Suspension or Expulsion, the principal’s recommendation for an Education Plan or Alternative Educational Setting; and a description of the student’s right to appeal pursuant to § 2505.13 or to a hearing pursuant to § 2505.14.

 

(e)A student who has been given a notice of proposed Expulsion may be immediately placed on Suspension in accordance with the rules and procedures set forth in this section.

 

2505.7A principal authorizing Short-Term Suspension shall submit the authorization to a person designated by the Chancellor within one (1) school day.

 

2505.8A principal or school official proposing Medium- or Long-Term Suspension must immediately submit the proposal to a person designated by the Chancellor. A person designated by the Chancellor may authorize the proposed Suspension or modify it to reduce the number of days suspended.

 

2505.9A principal or school official proposing Expulsion shall make a written recommendation for Expulsion to a person designated by the Chancellor no more than one (1) school day after the Expulsion conference. The principal’s recommendation may be made based upon an initial recommendation from a teacher or other school official. The recommendation to expel shall be supported by sufficient written documentation to enable a person designated by the Chancellor to make an independent decision regarding Expulsion. A copy of this recommendation and any attendant documentation shall also be provided to the parent or guardian of the student involved.

 

2505.10No more than five (5) school days after receiving the principal’s findings, a person designated by the Chancellor shall either concur with or modify the recommended action. If a principal recommends Expulsion for bringing a weapon as defined in 18 U.S.C. § 921 into DCPS in violation of the Gun-Free Schools Act, only the Chancellor may modify the Expulsion recommendation.

 

2505.11In determining whether to propose an Expulsion, a person designated by the Chancellor shall consider the factors enumerated in § 2500.

 

2505.12If a person designated by the Chancellor does not concur with the recommended Expulsion, he or she may propose other disciplinary action.

 

2505.13If a person designated by the Chancellor concurs with the recommended Expulsion, he or she shall immediately forward a written proposal for Expulsion to the head of the Office of Youth Engagement.

 

2505.14A student who has been suspended for fewer than eleven (11) days may appeal the Suspension as follows:

 

(a)A Short-Term Suspension may be appealed to the principal.

 

(b)A Medium-Term Suspension may be appealed to a person designated by a Chancellor.

 

(c)All appeals must be made by the student’s parent or guardian or the adult student, either orally or in writing to the principal or person designated by the Chancellor, as appropriate, no later than two (2) school days after receiving the notice of Suspension, and may be made prior to receiving formal written notice of the Suspension. An appeal made orally shall be put in writing by the person receiving the request.

 

(d)All appeals will be heard by the principal (for Short-Term Suspensions) or a person designated by the Chancellor (for Medium-Term Suspensions) no later than one (1) school day after the appeal is requested. Upon request of the adult student or minor student’s parent or guardian, the time for the appeal may be extended up to three (3) school days.  The appeal may be held by telephone upon request of the parent or guardian if necessary due to health, work, or childcare.

 

(e)The student and his or her parent or guardian may present evidence and ask witnesses to speak.

 

(f)At the conclusion of the conference, the principal or a person designated by the Chancellor, as appropriate, shall render a final decision.

 

(g)No more than one (1) school day after the conference, the principal or a person designated by the Chancellor, as appropriate, shall give the student and his or her parent or guardian, a person designated by the Chancellor, and the head of the Office of Youth Engagement a written summary of the conference proceedings, including the final decision.

 

2505.15A student who has been suspended for eleven (11) days or more or who has been expelled shall have a disciplinary hearing pursuant to the procedures in § 2506.

 

2505.16No more than one (1) school day after authorization or modification of a Long-Term Suspension or Expulsion, the person designated by the Chancellor shall forward the recommended Suspension or Expulsion to the hearing office for immediate scheduling and shall provide notice of the intent to schedule a hearing to the parent or guardian or adult student.

 

2505.17Once a hearing is scheduled by the hearing office, the student shall be placed on Suspension, or in another appropriate placement until the conclusion of the hearing and appeals processes.