School Violence Administrative Litigation

In D.C., school violence is broadly defined to include physical aggression, threats, bullying, cyberbullying, extortion, and forced servitude among students. These serious incidents are initially addressed by schools through internal disciplinary committees or "Student Behavior Teams" (SBTs), which operate under specific local educational agency (LEA) guidelines and procedures.

The severity of sanctions often faced by students in Washington D.C.—ranging from written warnings and community service to permanent expulsion—has raised significant social concern. Students often face severe disciplinary measures that can lead to lasting consequences on their academic progress, college applications, and personal well-being, even when the underlying conflict was relatively minor or based on a misunderstanding.

The following severe sanctions imposed by school authorities may be contested through administrative litigation due to their profound impact on a student's life:

• Out-of-School Suspension: This is a common and often challenged sanction, particularly when the suspension period is extensive.
• School Reassignment: Mandated transfer to an alternative school or program can severely disrupt a student's educational trajectory.
• Expulsion: The most severe penalty, resulting in the permanent removal of the student from the school, which administrative litigation seeks to overturn or mitigate.

An administrative appeal in Washington D.C. is typically the first step, where students may submit a petition for reconsideration of disciplinary actions directly to the DC Public Schools (DCPS) Chancellor’s designee or the relevant charter school authority. Appeals must generally be filed within a short, strict window, often 10 to 30 days of the notice of disciplinary action, and are usually paper-based, relying on an internal administrative review with no formal courtroom-style proceedings involved.

Administrative litigation escalates the dispute to a more formal, quasi-judicial setting, making it a powerful tool for review in D.C. In these cases, the matter is typically handled by the Office of Administrative Hearings (OAH), where students can request a "Contested Case Hearing" under D.C. Code § 2-510. Unlike the internal administrative appeals, this litigation process formally allows for the presentation of evidence, live witness testimony, and cross-examination in front of an administrative law judge, giving it significant legal weight similar to court proceedings.

The student or their legal guardian must formally file a petition at the D.C. Office of Administrative Hearings (OAH), ideally within 30 days of receiving the school's final disciplinary decision, particularly after administrative appeals have been exhausted. The petition must clearly and persuasively articulate the disciplinary action being challenged, explain why the action is unjust or excessive, and include any initial evidence or witness statements that support the petitioner's claim. Once the OAH accepts the petition, a Notice of Hearing is sent out, and a pre-hearing conference may be scheduled to organize the issues, evidence, and witnesses, typically within 15 to 45 days.

At the hearing, both the student (petitioner) and the school authority (respondent) formally present their respective arguments and evidence before the Administrative Law Judge. The student may be represented by an attorney or may choose to self-represent; the effective use of testimony from teachers, administrators, and student witnesses is a common and important component of the hearing. The OAH judge then issues a written decision, generally within 30 days, which can result in the reversal, reduction, or a directive for rehearing of the disciplinary decision if the judge finds that the school’s action was procedurally improper or substantively unfair.

In many cases, students urgently need to delay enforcement of disciplinary measures—such as a suspension or school transfer—while their litigation is pending, making the Motion for Stay a critical first step. This motion, which can be filed concurrently with the administrative litigation petition, formally asks OAH to temporarily suspend the school’s decision until the entire litigation concludes, with requests typically decided within 10 to 15 business days. Furthermore, ensuring that all communication with the school—including letters, emails, and meeting notes—is meticulously retained is paramount, as these documents serve as critical evidence during the litigation process.

While students have the right to represent themselves at the OAH, seeking legal representation significantly improves the chances of success, especially in complex cases involving serious allegations of school violence. Experienced attorneys can draft stronger and more compelling petitions, present evidence effectively and persuasively, and expertly navigate the often-complex procedural requirements of the administrative legal system in D.C. Administrative litigation may ultimately result in a formal reversal of the disciplinary action, modification or reduction of the penalty, or a directive for a rehearing or new investigation to ensure fairness.