Section 5-E1400. GENERAL PROVISIONS

 

1400.1The following adverse actions shall be subject to the rules and procedures set forth in this chapter:

 

(a)Dismissal;

 

(b)Suspension; and

 

(c)Demotion for cause.

 

1400.2The provisions of §§ 1401 through 1409 shall not apply to any of the following personnel actions:

 

(a)The termination of a temporary appointment upon the expiration of the stated term of appointment, or upon the expiration of the circumstances that created the temporary vacancy to which the appointment was made;

 

(b)The change to a lower grade or position of an employee who had been temporarily promoted, when the employee is returned to the grade or position held prior to the temporary promotion or is appointed to an intermediate grade or position;

 

(c)Mandatory retirements;

 

(d)Reductions in force;

 

(e)Furlough;

 

(f)Termination of coterminous or wages as employed (“WAE”) appointments;

 

(g)Reassignments and transfers; provided, that reassignments and transfers shall not be effected for disciplinary purposes, but shall be effected only for the good of the school system.

 

(h)Failure to successfully complete requisite examinations for licensure as a teacher, pursuant to the rules on teacher testing contained in this title;

 

(i)Failure to receive appropriate clearance after the requisite background check performed pursuant to the rules on background checks contained in this title; or

 

(j)Separation of a probationary employee.

 

1400.3The provisions of §§ 1400 and 1401 shall apply to all employees of the Board of Education of the District of Columbia.

 

1400.4The provisions of §§ 1402 through 1409 shall apply to all employees of the Board of Education except those employees within recognized bargaining units with which an agreement on adverse action grievances procedures has been ratified and is in effect at the time the adverse action is effected.

 

1400.5The Superintendent of Schools or the Superintendent’s designee shall effect adverse actions against employees in recognized bargaining units with agreements in force according to the procedures set forth in the applicable agreement.

 

1400.6Delegations of authority to effect adverse actions by the Superintendent shall be in writing.

 

authority

Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).

source

Final Rulemaking published at 24 DCR 6446, 6476 (February 3, 1978); as amended by Final Rulemaking published at 37 DCR 2125 (March 30, 1990); and by Final Rulemaking published at 40 DCR 6892 (October 1, 1993).