The following material is taken from District of Columbia Public School Board Rules on Disciplinary Action. (DCPS Student Discipline Code, DCMR Chapter 25, Current as of July 6, 2009)

2501 APPLICABILITY

2501.1 The provisions of this chapter shall be enforceable by school authorities, both during regularly scheduled school hours as well as other times and places, including but not necessarily limited to the following:

(a)  When the student is on school grounds;

(b)  When the student is on or off school grounds participating in or attending any function or activity, including field trips, class trips, extracurricular activities, or athletic contests, that are sponsored by or are under the auspices of DCPS;

(c)   When the student is off school grounds and traveling on transportation provided by DCPS and the activity involves any conduct prohibited by this chapter;

(d)  When the student commits a prohibited offense that occurs during before-school or after-school programs; and

(e)  When a student commits a prohibited offense off school grounds or outside regular school hours that demonstrably causes a significant disruption to the school environment.

2502 GROUNDS FOR DISCPLINARY ACTION

2502.1            Tier I behaviors include those behaviors that may be disruptive in the academic environment but do not harm others. Tier I behaviors receive classroom-level consequences that may be elevated to administrative intervention if they are not successfully abated by the teacher or the appropriate school level committee.

(a)  The following behaviors shall be considered Tier I behaviors:

(1) Refusal to present school-issued identification upon request;

(2) Noncompliance with the dress code;

(3) Attending class without required class materials or assigned work;

(4) Disengagement from classroom learning;

(5) Behaviors that disrupt or interfere with classroom teaching and learning;

(6) Unexcused lateness for school or class;

(7) Inappropriate displays of affection;

(8) Excessive noise in the classroom, hall, or school building;

(9) Running in the classroom, hall, or school building;

(10) Communicating with staff and peers in a manner that is not polite, courteous, or respectful;

(11)   Directing profanity or obscene/offensive gestures toward peers;

(12) Refusal to comply with staff instructions, or classroom or school rules; and

(13) Any other conduct that may be disruptive in the academic environment but does not harm others.

(b) Disciplinary responses for Tier I behaviors shall include:

(1)  Verbal redirection or reprimand;

(2) Teacher/student conference;

(3) Parental contact in writing or by phone;

(4) Teacher/parent conference;

(5) Temporary removal of student from classroom;

(6) In-school disciplinary action;

(7) Behavior contract; and

(1) Other school-based consequences as approved by the Instructional Superintendent.

2502.2            Tier II behaviors include those behaviors that may be disruptive in the academic environment, involve school property, or may cause minor harm to others. Tier II behavioral infractions result in school-based interventions and administrative consequences.

(a)  The following behaviors shall be considered Tier II behaviors:

(1)  Using computer/office equipment without permission;

(2) Intentional misuse of school equipment/supplies/facilities;

(3) Unauthorized use of portable electronic devices during school hours (e.g. mp3 players, cell phones);

(4) Disruptive behavior on school bus or public transportation (metro bus/rail) directly on the way to or from school;

(5) Leaving classroom without permission;

(6) Unexcused absence from class;

(7) Unauthorized presence in hallway during class time;

(8) Unexcused absence from school;

(9) Inappropriate or disruptive physical contact between students;

(10) Directing profanity or obscene/offensive gestures toward staff;

(11)   Throwing objects that may cause injury or damage to property;

(12) Any behavior or other conduct that may be disruptive in the academic environment, involve school property, or may cause minor harm to others; and

(13) Documented pattern of persistent Tier I behavior.

(b)  Disciplinary responses for Tier II behaviors shall include:

(1) Verbal redirection or reprimand;

(2)  Teacher/student or administrator/student conference;

(3)  Parental contact in writing or by phone;

(1)  Administrator/parent conference;

(2)  Temporary removal of student from classroom;

(3)  In-school disciplinary action;

(7)  Behavior contract; and

(8) Other school-based consequences as approved by the Instructional Superintendent.

2502.3            Tier III behaviors include those behaviors which have the potential to disrupt the school environment, cause harm to self or others, or destroy school property. In addition to lesser consequences, Tier III behavioral infractions may result in either on-site or off-site suspension.

(a)  The following behaviors shall be considered Tier III behaviors:

(1) Inappropriate use of DCPS computer or network (restricted websites, offensive emails);

(2) Sale or distribution of any item without authorization;

(3)  Possession or distribution of obscene or pornographic material on school premises;

(4)  Possession or use of tobacco;

(5) Use of alcohol;

(6)  Use of marijuana, controlled dangerous substances, imitation controlled substances, inhalants, other intoxicants, or drug paraphernalia;

(7) Unauthorized possession, use, or distribution of over-the-counter medication;

(8) Verbal, written, or physical threat to person or property (including intimidating postures);

(9) Obscene, seriously offensive, or abusive language or gestures;

(10) Causing disruption on school property or at any DCPS-sponsored or supervised activity;

(11) Gambling;

(12)  Communicating slurs based on race, ethnicity, color, national origin, religion, gender, sexual orientation, or disability, including derogatory sexual language;

(13)  Engaging in sexual acts on school premises or at school-related functions;

(14)  Leaving school without permission;

(15)   Academic dishonesty;

(16)  Forgery;

(17)   Lying to or giving misleading information to school staff;

(18)  Posting or distributing material or literature that is disrespectful, demeaning, humiliating, or damaging to students and/or staff. This includes posting material on internet or sending material electronically (via email or cell phone);

(19)  Engaging in behavior that demonstrates gang/neighborhood crew affiliation (displaying clothing or gestures associated with gangs);

(20)  Hazing;

(21)  Bullying, or using humiliating or intimidating language or behavior, including Internet bullying;

(22)  Possession of tools or instruments which school administrators deem could be used as weapons;

(23)  Engaging in reckless behavior that may cause harm to self or others;

(24)  Extortion;

(25)  Fighting where there is no injury and no weapon;

(26)  Any behavior or other conduct which has the potential to disrupt the school environment, cause harm to self or others, or destroy school property; and

(27)  Documented pattern of persistent Tier II behavior.

(b)  Disciplinary responses for Tier III behaviors shall include:

(1)  Verbal redirection or reprimand;

(2)  Teacher/student conference or administrator/student conference;

(3)  Parental contact (written or by phone);

(4)  Parent conference;

(5)  Temporary removal of student from classroom;

(6)  Behavior contract;

(7)  In-school disciplinary action;

(8)  Grade reduction for academic dishonesty;

(9)  On-site short-term suspension;

(10)  Off-site short-term suspension, except in response to unexcused tardiness or absence; and

(11) Off-site medium-term suspension, except in response to unexcused tardiness or absence.

2502.4            Tier IV behaviors include those behaviors which cause significant disruption to the school environment, cause harm to self or others, or destroy school property. Tier IV behaviors result in off-site suspension.

(a)  The following behaviors shall be considered Tier IV behaviors:

(1)  Acts of vandalism, destruction of property, or graffiti (tagging);

(2) Documented theft of school or personal property without force;

(3) Interfering with or disrupting school programs;

(4) Trespassing;

(5) Tampering with, changing, or altering an official record or document of a school;

(6)  Persistent harassment based on race, color, national origin, sex, real or perceived gender, sexual orientation, age, religion, or disability;

(7)  Lewd or indecent public behavior or sexual misconduct;

(8)  Sexual harassment;

(9)  Retaliation for reporting harassment and sexual harassment;

(10)  Fighting which creates substantial risk of or results in minor injury;

(11) Inciting others to violence or disruption;

(12)  Activating false alarm;

(13)  Contaminating food;

(14)  Possession of a replica or imitation of a weapon (including water guns);

(15)   Using an article that is not normally considered a weapon to intimidate or threaten another individual;

(16)  Any behavior or conduct which causes significant disruption to the school environment, causes harm to self or others, or destroys school property; and

(17)   Documented pattern of persistent Tier III behavior.

(b)  Disciplinary responses for Tier IV behaviors include:

(1)  Off-site short-term suspension, except in response to unexcused tardiness or absence;

(2)  Off-site medium-term suspension, except in response to unexcused tardiness or absence; and

(3)  Off-site long-term suspension, except in response to unexcused tardiness or absence.

2502.5            Tier V behaviors include those behaviors which are illegal, cause substantial harm to self or others, or cause major disruption to the school environment. Tier V behaviors result in off-site suspension or expulsion.

(a)  The following behaviors shall be considered Tier V behaviors:

(1)  Acts of exceptional misconduct at other schools;

(2)  Vandalism/destruction of property over $500;

(3)  Selling or distribution of marijuana, prescription drugs, controlled dangerous substances, imitation controlled substances, inhalants, other intoxicants, controlled or drug paraphernalia;

(4)  The possession or distribution of alcohol;

(5)  The possession of drug paraphernalia or controlled substance, irrespective of the amount or type, pursuant to the criminal statutes of the District of Columbia, codified at D.C. Official Code § 481101 et seq. (2001);

(6)  Causing serious disruption or damage to school’s computer systems, electronic files, or network;

(7)  Possession of fireworks or explosives;

(8)  Theft or attempted theft using force, coercion, intimidation, or threat of violence;

(9)  Assault or physical attack on student or staff;

(10)  Fighting which results in a serious physical injury;

(11) Participating in group fight which has been planned, causes major disruption to school day, or results in substantial bodily injury;

(12)  Using an article that is not normally considered a weapon to injure another individual;

(13)  Use, threatened use, or transfer of any weapon;

(14)  Use, possession, or bringing to school a loaded or unloaded firearm, as defined in 18 U.S.C. § 921 (2000), including but not limited to pistols, blank pistols, starter pistols, revolvers, rifles, and shotguns.

(15)   Any behavior that violates the Gun-Free Schools Act;

(16)  Deliberate acts that cause severe physical injury to another person(s).

(17)   Assault with a weapon;

(18)  Commission or attempted commission of any act of sexual assault or sexual aggression;

(19)  Arson;

(20)  Biohazard;

(21)  Bomb threat;

(22)  Any other intentional use of violence, force, coercion, threats, intimidation, or other comparable conduct which causes or attempts to cause severe physical injury, substantial disruption, or obstruction of any lawful mission, process, or function of the D.C. Public Schools;

(23)  Any other behavior that is illegal, causes substantial harm to self or others, or causes major disruption to the school environment; and

(24)  Documented pattern of persistent Tier IV behavior.

(b)  Disciplinary responses for Tier V behaviors include:

(1)  Off-site long-term suspension, except in response to unexcused tardiness or absence; and

(2)  Expulsion.

(c)  Weapons include, but are not limited to:

(1)  Weapons enumerated in D.C. Official Code § 22-4514 (2001);

(2)  Firearms as enumerated in 18 U.S.C. § 921 (2000);

(3)  Knives (e.g. Bowie, dirk, lock-blade, hunting, pen, pocket, switchblade, utility, box cutter, etc.);

(4)  Martial arts devices (e.g. Chinese stars, ‘nun chucks’, etc.);

(1)  Air gun, BB gun, paintball gun;

(2)  Other weapons or instruments designed to be or commonly used as weapons (e.g., chains, clubs, knuckles, night stick, pipes, studded bracelets);

(3)  Tear gas;

(4)  Explosives;

(9)  Slingshot;

(1)  Bullets;

(2)  Chemical weapon; and

(12)  Razorblade or razor.

2503 POLICY AND FOR DISCIPLINARY ACTIONS

2503.1            All disciplinary actions shall be effected pursuant to the rules in this Chapter. Disciplinary actions that do not involve removal from school may be effected through procedures established by the principal at each school.

2503.2            The Chancellor, at his or her discretion, may review and modify any proposed disciplinary action.

2503.3            Disciplinary responses should be assigned only after consideration of the factors involved in the inappropriate behavior as outlined in § 2500.8, and after consideration of intervention and remediation responses as outlined in § 2500.5.

2503.4            Disciplinary action for students with disabilities shall be imposed in compliance with § 2510 of these Rules.

2503.5            Records of all disciplinary action taken shall be maintained for each student in a student discipline file that is separate from the student’s official record and cumulative file. Disciplinary records are primarily for the use of the school that the student attends. Disciplinary records shall be maintained by the school until the student is promoted to the next educational level, e.g., from elementary to secondary school.

2504 POLICY FOR SUSPENSIONS AND EXPULSIONS

2504.1            The policies and procedures described in § 2504 shall apply to all suspensions and expulsions.

2504.2            Off-site suspension and expulsion shall not be used in response to unexcused tardiness or absence.

2504.3            Principals shall consider all extenuating circumstances before recommending expulsion for students under thirteen years of age.

2504.4            A student may be suspended immediately pursuant to § 2505 if he or she is contributing to an emergency situation in a school. An emergency situation may exist either because general conditions in the school (e.g., a series of fires or false alarms; a manifestly high level of student tension; an increasing number of fights or physical attacks; a large number of abuses of property) or because the behavior of an individual student is so disruptive or dangerous that he/she poses a very real and immediate threat to the health and safety of other members of the school community, or to the ability of the school community or the school or portion thereof to continue normal operations.

2504.5            A student may be expelled from DCPS for the commission of an infraction as set forth in § 2502.5.

2504.6            Students who have been suspended or expelled shall not be eligible to participate in any school function for the duration of their suspension or expulsion. The only exceptions that may be authorized by the Chancellor or his or her designee shall be for system-wide testing, or College Board or admission examinations.

2504.7            In accordance with An Act To provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-201 et seq.), all children of compulsory school age are required to attend school or receive an equivalent education approved by DCPS. Notwithstanding the parent’s responsibility to ensure that the child attends a school, a student may be subject to suspension or expulsion from DCPS pursuant to this chapter.

2504.8            The principal or other school official may establish, or make a referral to, a special class or other supervised program for students who are suspended, subject to the approval of the Chancellor’s designee. This special class or other supervised program may be located within a student’s home school or at another appropriate DCPS site.

2504.09         A student who has been suspended or expelled shall have access to an education plan as follows:

(a)  If a student is suspended for fewer than eleven (11) days, the principal initiating the suspension shall provide an educational plan that meets the student’s educational and disciplinary needs.

(b)  If a student is suspended for eleven (11) days or more or expelled, the student shall be placed in an alternative educational setting.

2504.10          Restitution and/or school service may be required in any case involving school property (e.g., arson, vandalism, burglary, robbery). The amount of restitution or type of school service shall be determined by the Chancellor’s designee.

2504.11           If a student’s suspension or expulsion is for a period exceeding the number of school days remaining in the school year, any remaining part of the term of the suspension or expulsion may be applied to the succeeding school year.

2504.12          Students younger than the age of fourteen (14) who have been suspended or expelled shall not be allowed to leave school grounds during school hours unless accompanied by a parent or guardian, or his or her designee. Students older than fourteen (14) who have been suspended or expelled shall not be allowed to leave school grounds during school hours until a parent or guardian, or his or her designee, has been verbally contacted and given a reasonable opportunity to arrange for proper supervision of the student. If the parent or guardian of a suspended student cannot be notified in person or by telephone, the student must remain at school until the end of the school day.

2504.13          If the parent or guardian of a student who has been suspended cannot be verbally contacted before the next school day, and the student arrives at school, he or she must remain in the building until a parent or guardian can be contacted and given a reasonable opportunity to arrange for proper supervision of the student or until the end of the school day. Student may be segregated and must be appropriately supervised during this time.

2504.14          Except in cases of immediate emergency suspensions as defined in § 2504.4, students shall remain in their regular assigned classroom or education setting until the final determination of the suspension has been made.

2504.15          For students seeking to enroll in DCPS and who have been suspended or expelled from their current school, or who have withdrawn while disciplinary action is pending, the Chancellor’s designee shall review the facts and circumstances regarding the student’s suspension, expulsion, or withdrawal pending expulsion, if the infraction for which the student was disciplined is one for which the student could have been disciplined within DCPS. The purpose of this review is to determine the appropriate placement within DCPS, if any.

2510 PROPOSED DISCIPLINE OF A STUDENT WITH DISABILITY

2510.1 Nothing herein shall exempt a student with a disability from disciplinary action.

2510.2            In initiating disciplinary procedures applicable to all children, DCPS must ensure that the special education and disciplinary records of the child with a disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action. Such documentation may include, but not be limited to (with any required permission from parent/guardian): the student’s current IEP, discipline file, cumulative file, anecdotal records from teachers or other school personnel, reports or recommendations from health or mental health clinicians.

2510.3            The removal of a student with a disability from his or her current placement for more than ten (10) school days for disciplinary reasons shall require that a determination be made as to whether the subject behavior is related to the student’s disability.

2510.4            If the result of the review is a determination that the behavior of the child with a disability was not a manifestation of the child’s disability, the relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner in which they would be applied to children without disabilities

2510.5 DCPS may order an immediate removal of a student with a disability from his or her current placement:

(a)  To an appropriate interim alternative educational setting, another setting, or suspension, for not more than ten (10) consecutive school days (to the extent such alternatives would be applied to children without disabilities); and

(b)  To an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, up to but not exceeding forty-five (45) days if:

(1)  The student carries a weapon to school or to a school function;

(2)  The student knowingly possesses or uses illegal drugs or solicits the sale of a controlled substance while at school or at a school function; or

(3)  Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction DCPS.

2510.6            DCPS must make a free appropriate public education available to all eligible children with disabilities, including children with disabilities who have been suspended or expelled from school. When a student with a disability is removed from his or her current placement for more than ten (10) school days for disciplinary reasons, DCPS must continue to provide the specialized instruction and related services that are specified on the student’s IEP.

2510.7 Any interim alternative educational setting in which a child is placed must:

(a)  Be selected so as to enable the child to continue to participate in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the child’s current IEP, that will enable the child to meet the goals set out in that IEP; and

(b)  Include services and modifications designed to address the behavior described in § 2510.2 or § 2510.3 so that it does not recur.

2510.8            If a disciplinary action is contemplated as described in § 2510.2 or § 2510.3 for a behavior of a child with a disability described in either of those subsections, or if a proposed disciplinary action involves removal of a student with a disability from his or her current placement for more than ten (10) consecutive school days:

(a)  Not later than the date on which the decision to take that action is made, the parents must be notified of that decision and of all procedural safeguards accorded by law; and

(b)  Immediately, if possible, but in no case later than ten (10) school days after the date on which the decision to take that action is made, a review must be conducted of the relationship between the child’s disability and the behavior subject to the disciplinary action.

2510.9            Within ten (10) school days of any disciplinary decision to remove a student with a disability from his or her current placement, DCPS, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the DCPS) must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine:

(a)  If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or

(b)  If the conduct in question was the direct result of the LEA’s failure to implement the IEP.

2510.10          The conduct must be determined to be a manifestation of the child’s disability if the LEA, the parent, and relevant members of the child’s IEP Team determine that a condition in either 34 CFR 300.530(e)(1)(i) or (1)(ii) was met.

2510.11           If the LEA, the parent, and relevant members of the child’s IEP Team determine the condition described in 34 CFR 300.530(e)(1)(ii) was met, the LEA must take immediate steps to remedy those deficiencies.

2510.12           In carrying out a review, the IEP Team may determine that the behavior of the child was not a manifestation of such child’s disability only if the IEP Team:

(a)  First considers, in terms of the behavior subject to disciplinary action, all relevant information, including:

(1)     Evaluation and diagnostic and results, or other relevant information supplied by the parents of the child;

(2)  Observations of the child;

(3)  The child’s IEP and placement; and

(4)  Any other material deemed relevant by the IEP Team, including, but not limited to, school progress reports, anecdotal notes and facts related to disciplinary action taken by administrative personnel; and

(b)  Then determines that:

(1)  In relationship to the behavior subject to disciplinary action, the child’s IEP, and placement were appropriate and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the child’s IEP and placement;

(2)  The child’s disability did not impair the ability of the child to understand the impact and consequences of the behavior subject to disciplinary action; and

(3)  The child’s disability did not impair the ability of the child to control the behavior subject to disciplinary action.

2510.13           Either before or not later than ten (10) consecutive school days after taking a disciplinary action described in § 2510.2:

(a) If DCPS did not conduct a functional behavioral assessment and implement a behavioral intervention plan for such child before the behavior that resulted in the suspension described above, DCPS must convene an IEP meeting to develop an assessment plan to address that behavior; or

2510.14           If the child’s parent disagrees with a determination that the child’s behavior was not a manifestation of the child’s disability or with any decision regarding placement, the parent may request a hearing.

2510.15           DCPS must arrange for an expedited hearing, which must occur within twenty (20) school days of the date the complaint requesting the hearing is filed, in any case described in this section when requested by a parent.

2510.16           In reviewing a decision with respect to the manifestation determination, the hearing officer must determine whether DCPS has demonstrated that the child’s behavior was not a manifestation of such child’s disability.

2510.17           A disciplinary hearing officer may recommend the removal of a student with a disability from his or her current placement for not more than forty-five (45) days if the hearing officer:

(a)  Determines that DCPS has demonstrated by substantial evidence that maintaining the current placement of such child is substantially likely to result in injury to the child or to others;

(b)  Considers the appropriateness of the child’s current placement;

(a)  Considers whether DCPS has made reasonable efforts to minimize the risk of harm in the child’s current placement, including the use of supplementary aids and services; and

(b)  Determines that the interim alternative educational setting meets the requirements described in § 2510.14 below.

2510.18          In recommending the removal of a student with a disability from his or her current placement removal of a student with a disability from his or her current placement to an alternative education setting for disciplinary reasons, the hearing officer must apply the standards set out in § 2510.17 above.

2510.19           When a parent requests a hearing regarding a disciplinary action to challenge the interim alternative educational setting or the manifestation determination, the child must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period provided for in § 2510.2 (i.e., 45 days), whichever occurs first, unless the parent and DCPS agree otherwise.

2510.20          If a child is in an interim alternative educational setting for disciplinary reasons and school personnel propose to change the child’s educational placement after expiration of the interim alternative setting for disciplinary reasons, during the pendency of any proceeding to challenge the proposed change in placement, the child must remain in the current placement (the child’s placement prior to the interim alternative educational setting), except as provided in § 2510.21, below.

2510.21           If school personnel maintain that it is dangerous for the child to be in the current placement (placement prior to removal to the interim alternative education setting) during the pendency of the due process proceedings, DCPS may request an expedited hearing.

2510.22          A child who has not been determined to be eligible for special education and related services under this part and who has engaged in behavior that violated any rule or code of conduct of DCPS, including any behavior described in this chapter, may assert any of the applicable protections provided for in the Individuals with Disabilities Education Improvement Act, as amended, if DCPS had knowledge (as determined in accordance with § 2510.23 below), that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.

2510.23          DCPS is deemed to have knowledge that a child is a child with a disability if:

(a)  The parent of the child has expressed concern in writing (unless the parent is illiterate or has a disability that prevents compliance with the requirements contained in this clause) to supervisory or administrative personnel of [DCPS], or a teacher of the child, that the child is in need of special education and related services;

(c)   The parent of the child has requested an evaluation of the child; or

(d)  The teacher of the child or other personnel of DCPS has expressed specific concerns about a pattern of behavior or performance of the child to the Director of Special Education or to other DCPS personnel.

2510.24          DCPS is deemed not to have knowledge that a child is a child with a disability if: the parent of the child has not allowed an evaluation of the child pursuant to 34 CFR 300.300 through 300.311 or has refused services under Part B of the IDEA; or the child has been evaluated in accordance with 34 CFR 300.300 through 300.311 and determined to not be a child with a disability under Part B of the IDEA.

2510.25          If DCPS does not have knowledge that a child is a child with a disability in accordance with § 2510.23 prior to taking disciplinary measures against the child, the child may be subjected to the same disciplinary measures applied to children without disabilities who engaged in comparable behaviors.

2510.26          If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under this chapter, the evaluation must be conducted in an expedited manner. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by DCPS and information provided by parents, DCPS must provide special education and related services in accordance with the relevant provisions of the Individuals with Disabilities Education Improvement Act, as amended, except that, pending the results of the evaluation, the child must remain in the educational placement determined by school authorities.

2510.27          Nothing in the Individuals with Disabilities Education Improvement Act, as amended, shall be construed to prevent D.C. law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a child with a disability.

2510.28          Nothing in the Individuals with Disabilities Education Improvement Act, as amended, shall be construed to prohibit DCPS from reporting a crime committed by a child with a disability to appropriate authorities. In reporting a crime committed by a child with a disability to appropriate authorities, DCPS must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to which it reports the crime.

Detention

The disciplinary action of some minor infractions is detention after school and/or Saturday detention.  Parents will be notified when detention is the sanction and request to assist in getting their children to complete the detention.

FAILURE TO COMPLETE THE ASSIGNED DETENTION WITHIN ONE WEEK WILL RESULT IN AUTOMATIC SUSPENSION.

Consequences:

·    teacher detention, student-administrator-teacher conference, after school detention (1st)

·    student-administrator-parent conference, detention (2nd)

·    Repeated offense will result in suspension or involuntary transfer (3rd)

Notice of Non-Discrimination

The District of Columbia Public Schools does not discriminate in its programs and activities on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residence or business. Discrimination will not be tolerated and persons engaging in such will be subject to disciplinary action. The following office has been designated to handle inquiries regarding non-discrimination policies: Equal Employment Opportunity