Section 5-E2407. PUBLIC SCHOOLS HEARING OFFICE

 

2407.1The Superintendent of Schools shall establish a Public Schools hearing office which shall not be a part of or under the supervision or control of any Public Schools office or division that must implement the decisions of hearing officers or participate in hearings on behalf of the Public Schools.

 

2407.2The Superintendent of Schools shall be responsible for ensuring the independence and impartiality of the hearing office and the impartiality of the hearing officer assigned to any particular hearing.

 

2407.3The Public Schools hearing office shall be responsible for the following:

 

(a)The coordination and scheduling of all hearings held pursuant to the provisions of chapters 20 through 30 of this title;

 

(b)The hiring of all hearing officers;

 

(c)Training of all hearing officers in the conduct of hearings and the provisions of this title, applicable court orders, and other applicable laws and statutes;

 

(d)Ensuring that the decisions of all hearing officers comply with the rules and procedures set forth in this title and all other applicable laws and court orders; and

 

(e)Compiling and maintaining statistical information on the implementation of hearings and procedures for due process pursuant to the provisions of this title.

 

2407.4The Public Schools hearing office shall have no authority to direct, rescind, overrule, modify, or alter the substantive decision of any hearing officer rendered in accordance with the provisions of law and this title.

 

2407.5The decision of a hearing officer which does not comply with the rules and procedures set forth in this chapter, or any applicable statute, regulation, or order of court, may be remanded to the hearing officer for correction of the defect. If the defect is not corrected by the hearing officer, it may be corrected by the Superintendent of Schools or his or her designee. This subsection shall not apply to hearings held on matters arising pursuant to Pub. L. No. 94-142, 89 Stat. 773, (1975), as amended, and its implementing regulations.

 

2407.6If a hearing officer’s report is corrected or modified for any reason by someone other than the hearing officer, the correction or modification shall be noted in the final determination, and any party may request a re-hearing on the matter before another hearing officer.

 

source

Final Rulemaking published at 24 DCR 1005, 1044 (July 29, 1977); as amended by Final Rulemaking published at 34 DCR 8358 (December 25, 1987).