District of Columbia - Disciplinary Due Process: Program Requirement

Area: 
Program Requirement
Policy Type: 
Regulation
Summary: 

State law provides comprehensive assurances of due process for students facing disciplinary action.

District of Columbia Municipal Regulations 2506 PROCEDURES FOR DISCIPLINARY HEARINGS

2506.1 Disciplinary hearings shall be held at a time and place that is reasonably convenient to the student and parent or guardian.

2506.2 For Long-Term Suspensions and Expulsions, the hearing shall be held not more than four (4) school days after a written notice regarding disciplinary action is provided to the parent or guardian or adult student, except that the hearing may be postponed for not more than five (5) school days upon the request of the adult student, minor student's parent or guardian, or his or her representative, where postponement of the hearing is necessary to prepare for the hearing, provide for the hearing, or provide for the attendance of necessary parties, including interpreters. The hearing office shall provide written notice to the parent or guardian or adult student of the date, time, and location of the hearing immediately upon scheduling the hearing. The notice from the hearing office shall state what consequences, if any, result from failure to attend the hearing.

2506.3 The hearing shall be closed to the public unless the parent or guardian or adult student requests an open hearing.

2506.4 The student shall have a right, but shall not be required, to have a representative or legal counsel, selected by the parent or guardian or adult student.

2506.5 The student, parent or guardian, or representative shall have the right to question any witness or challenge any documentary evidence.

2506.6 The parent or guardian or adult student shall have the opportunity to present testimony and documentary evidence, including the opportunity to call any witness to present testimony relevant to the disciplinary action or other school system recommendation. The right to call witnesses shall include the right to require the presence of any involved school official.

2506.7 It shall be the burden of the DCPS to show by a preponderance of the evidence that the student did commit the infraction(s) upon which the disciplinary action is based.

2506.8 The hearing officer shall ensure that all due process procedures have been followed or waived.

2506.9 The hearing officer may question any witness or party and shall examine all documentary evidence.

2506.10 The hearing shall not be conducted according to the rules of evidence. However, the hearing officer may exclude any testimony or evidence that is irrelevant or repetitive.

2506.11 The hearing officer shall ensure that the hearing is conducted in a fair and orderly manner and shall have the authority to exclude any party or other person from the hearing on the grounds of substantial interference or obstruction of the orderly hearing process.

2506.12 The hearing officer shall make an official electronic audio recording of the hearing, which shall constitute the official record thereof. Upon request, a copy of the recording shall be made available to the parent or guardian, adult student, or representative and the local school principal. This provision shall not preclude a parent or guardian or representative from also recording or transcribing the hearing at his or her expense.

2506.13 The principal or school official shall indicate a recommendation of the school system for the duration of the off-site placement.

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