Section 5-E2108. IMMEDIATE INVOLUNTARY TRANSFERS

 

2108.1Whenever a student is charged with or accused of a criminal offense, either as a juvenile or an adult, the Superintendent or designee, based upon a review of the allegations associated with the arrest or accusation, shall have the authority to effect an immediate involuntary transfer without meeting the requirements of §§ 2107 and 2509 of this title if the Superintendent or designee, based upon a preponderance of the evidence, is of the opinion that the peace, health, safety or welfare of the students or staff of the D.C. Public Schools may be disturbed by maintaining the student in his or her prior placement.

 

2108.2The adult student, or minor student’s parent or guardian, may subsequently request a hearing to review the involuntary transfer pursuant to §§ 2504.11, 2504.12, and 2504.13, of this title. A final administrative decision shall be rendered thereafter pursuant to §§ 2505 and 2506 of this title.

 

2108.3Notwithstanding the provisions of §§ 2108.1 and 2108.2, if a student is subsequently found to have engaged in conduct prohibited under §§ 2501 or 2502 of this title, the student may subsequently be excluded, suspended, or transferred pursuant to these rules.

 

2108.4Notwithstanding the provisions of §§ 2108.1 and 2108.2, if a student is subsequently found to be not guilty of, or not involved in, the accusation or offense, the student shall, upon written request, be transferred back to the student’s former placement, unless, in the discretion of the Superintendent or designee, there is a compelling reason why the student should not be returned to the former placement.

 

source

Final Rulemaking published at 33 DCR 5652 (September 12, 1986).