District of Columbia Administrative Code

1400 GENERAL PROVISIONS 1400.1 The following adverse actions shall be subject to the rules and procedures set forth in this chapter: (a) Dismissal; (b) Suspension; and (c) Demotion for cause. 1400.2 The provisions of §§ 1401 through 1409 shall not apply to any of the following pe…

1401 GROUNDS FOR ADVERSE ACTION 1401.1 Adverse action shall be taken for grounds that will promote the efficiency and discipline of the service and shall not be arbitrary or capricious. 1401.2 For purposes of this section, “just cause for adverse action” may include, but is not n…

1402 INITIATION OF ADVERSE ACTION AND RIGHT OF APPEAL 1402.1 The Superintendent of Schools or the Superintendent’s designee may effect the dismissal, suspension, or demotion for cause of any employee under his or her authority. 1402.2 Delegation of personnel authority to effect a…

1403 NOTICE OF ADVERSE ACTION 1403.1 An employee who is the subject of an adverse action shall have the right to receive written notice of the action prior to the effective date of the action, as set forth in this section. 1403.2 Notice of dismissal, demotion for cause, or suspen…

1404 STATUS DURING NOTICE PERIOD 1404.1 The employee or his or her representative shall be given access to the documents, reports, and other materials contained in the adverse action file, including all materials that support the adverse action being taken. 1404.2 Adverse action …

1405 ANSWER TO ADVERSE ACTION 1405.1 An employee shall be entitled to answer the notice of adverse action in writing, through the filing of an appeal pursuant to § 1402.4 or § 1406, or both. 1405.2 The following time limits shall apply to the submission of a written answer by the…

1406 APPEAL TO THE SUPERINTENDENT OF SCHOOLS 1406.1 An employee shall have the right to appeal a dismissal, demotion for cause, or suspension for more than thirty (30) days to the Superintendent of Schools and receive a hearing on the appeal pursuant to the provisions of this sec…

1407 ADVERSE ACTION APPEAL HEARINGS 1407.1 The Superintendent of Schools shall designate an adverse action hearing office. 1407.2 All appeals shall be conducted under the auspices of the hearing office, pursuant to the provisions of this section. 1407.3 Upon receipt of a timely r…

1408 HEARING PROCEDURES 1408.1 All hearings held pursuant to § 1407 shall be closed to the public unless the employee requesting the hearing specifically requests that the hearing be open. 1408.2 An open hearing may be closed at any time upon the request of the employee. 1408.3 T…

1409 FINAL AGENCY ACTION ON THE APPEAL 1409.1 The final determination of an appeal brought pursuant to § 1406 shall be made by the Superintendent of Schools or an appeals panel designated by the Superintendent. 1409.2 The Superintendent may designate a panel of not less than thre…

1500 GENERAL POLICY 1500.1 The purpose of this chapter is to establish an orderly procedure for the termination of the employment of employees of the Board of Education due to the lack of funds, lack of work, or reorganization of functions. 1500.2 Reduction-in-force (RIF) is a pr…

1501 COMPETITIVE AREAS 1501.1 The Superintendent is authorized to establish competitive areas based upon all or a clearly identifiable segment of the mission, a division, or a major subdivision of the Board of Education, including discrete organizational levels such as an individ…

1502 COMPETITIVE LEVELS 1502.1 For purposes of this section, “competitive levels” are groups, within a competitive area, consisting of all positions in the same grade or occupational level that are sufficiently alike in the following characteristics that a person could be assigne…

1503 REDUCTION-IN-FORCE PROCEDURES FOR FISCAL YEAR 2000 AND SUBSEQUENT FISCAL YEARS 1503.1 An employee who encumbers a position which is abolished shall be separated in accordance with this chapter notwithstanding date of hire or prior status in any other position. 1503.2 If a de…

1504 SUPERINTENDENT’S REASSIGNMENT OPTION 1504.1 As an option to separation, the Superintendent may reassign an employee who is subject to separation, subject to the provisions in this chapter. 1504.2 Employees separated under a reduction-in-force may be offered vacant positions,…

1505 JOB SHARING, REDUCED HOURS AND REEMPLOYMENT PRIORITY CONSIDERATION 1505.1 The Superintendent is authorized to consider job sharing and reduced hours as alternatives to separating employees pursuant to this chapter. 1505.2 The Superintendent is authorized to establish and imp…

1506 NOTICE REQUIREMENTS 1506.1 An employee selected for separation shall be given specific written notice at least thirty (30) days prior to the effective date of the separation. The specific notice shall state specifically what action is to be taken, the effective date of the a…

1507 APPEAL OF RIF ACTIONS 1507.1 RIF actions shall be appealed pursuant to the provisions of this section. 1507.2 Neither the establishment of a competitive area smaller than this agency, nor the determination that a specific position is to be abolished, nor separation pursuant …

1508 FURLOUGHS 1508.1 An employee may be furloughed if at the time of the furlough the Superintendent intends to recall the employee to duty, to the position from which furloughed, within one (1) year. 1508.2 Furloughs shall be limited to one (1) year or less. 1508.3 A decision t…