12 NCAC 09B .0202          RESPONSIBILITIES OF THE SCHOOL DIRECTOR

(a)  In planning, developing, coordinating, and delivering each Commission-certified criminal justice training course, the School Director shall:

(1)           Formalize and schedule the course curriculum in accordance with the curriculum standards established in this Subchapter;

(2)           Select and schedule instructors who are certified by the Commission;

(3)           Provide each instructor with a current Commission course outline and all necessary additional information concerning the instructor's duties and responsibilities;

(4)           Notify each instructor that he or she shall comply with the Basic Law Enforcement Training Course Management Guide and provide him or her access to the most current version of the Course Management Guide;

(5)           Ensure each instructor utilizes Commission approved lesson plans and instructional materials;

(6)           Arrange for the availability of appropriate audiovisual aids and materials, publications, facilities, and equipment for training in all topic areas;

(7)           Develop, adopt, reproduce, and distribute any supplemental rules and requirements determined by the school to be necessary or appropriate for:

(A)          effective course delivery;

(B)          establishing responsibilities and obligations of agencies or departments employing or sponsoring course trainees; and

(C)          regulating trainee participation and demeanor, ensuring trainee attendance, and maintaining performance records;

(8)           If appropriate, recommend housing and dining facilities for trainees;

(9)           Administer the course delivery in accordance with Commission approved lesson plans and course management guides;

(10)         Maintain direct supervision, direction, and control over the performance of all persons to whom any portion of the planning, development, presentation, or administration of a course has been delegated. The comprehensive final examination shall be administered by the Criminal Justice Education and Training Standards Commission; and

(11)         Report the completion of each presentation of a Commission-certified criminal justice training course to the Commission, utilizing forms required for submission, which are located on the Agency's website: https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/.

(b)  In addition to Paragraph (a) of this Rule, in planning, developing, coordinating, and delivering each Commission-certified Basic Law Enforcement Training Course, the School Director shall:

(1)           Deliver training in accordance with the most current version of the Basic Law Enforcement Training Course Management Guide as published by the North Carolina Justice Academy;

(2)           Schedule course presentation to include 12 hours of instruction each week during consecutive calendar weeks, except that there may be as many as three one-week breaks until course requirements are completed. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(A)          Whether instruction has begun in the course or whether course initiation may be postponed;

(B)          The risk of harm to students that may be caused by continuation of the course;

(C)          Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(D)          The specific need for the waiver; and

(E)           The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency;

(3)           Schedule only specialized instructors certified by the Commission to teach those high-liability areas as specified in Rule .0304(a) of this Subchapter as either the lead instructor or as assistant instructors or role players;

(4)           With the exception of the First Responder, Physical Fitness, Explosives and Hazardous Materials, and topical areas outlined in Rule .0304(a) of this Subchapter, schedule one specialized instructor certified by the Commission for every six trainees while engaged in a practical performance exercise;

(5)           Schedule one specialized instructor certified by the Commission for every eight trainees while engaged in a practical performance exercise in the topical area "Subject Control Arrest Techniques";

(6)           Schedule no single individual to instruct more than 35 percent of the total hours of the curriculum during any one delivery of the Basic Law Enforcement Training Course presentation;

(7)           Not less than 30 days before commencing delivery of the Basic Law Enforcement Training Course, submit to the Commission a Pre-Delivery Report of Training Course Presentation pursuant to 12 NCAC 09C .0211. The Pre-Delivery Report (Form F-10A) shall indicate a requested date and location for the administration of the State comprehensive exam, and include the following attachments:

(A)          a course schedule showing the arrangement of topical presentations and proposed instructional assignments; and

(B)          a copy of any rules and requirements for the school. A copy of those rules shall also be given to each trainee and to the executive officer of each trainee's employing or sponsoring agency or department at the time the trainee enrolls in the course;

(8)           Monitor, or designate an instructor certified by the Commission to monitor, a presentation of each instructor once during each three year certification period in each topic taught by the instructor and prepare a written evaluation on the instructor's performance and suitability for subsequent instructional assignments. The observations shall be of sufficient duration to ensure that the instructor is using the Instructional System Design model, and that the delivery is objective-based, documented by, and consistent with a Commission-approved lesson plan. For each topic area, the School Director's evaluation shall be based upon the course delivery observations, the instructor's use of the approved lesson plan, and the results of the student evaluations of the instructor. For probationary instructors, the evaluations conducted by another instructor shall be prepared on the Criminal Justice Instructor Evaluation (Form F-16) and forwarded to the Commission. Based on this evaluation, the School Director shall recommend approval or denial of requests for General Instructor Certification. For all other instructors, these evaluations shall be prepared on the Criminal Justice Instructor Evaluation (Form F-16), be kept on file by the school for a period of three years, and shall be made available for inspection by a representative of the Commission upon request. In the event the evaluation of an instructor indicates that his or her performance was less than acceptable, the School Director shall forward a copy of the evaluation to the Commission. Any instructor who is evaluating the instructional presentation of another instructor shall hold certification in the same instructional topic area as that for which the instructor is being evaluated;

(9)           Administer or designate a staff person to administer course specific tests during course delivery:

(A)          to determine and record the level of trainee comprehension and retention of instructional subject matter;

(B)          to provide a basis for a final determination or recommendation regarding the minimum degree of knowledge and skill of each trainee to function as an inexperienced law enforcement officer; and

(C)          to determine subject or topic areas of deficiency for the application of Rule .0405(a)(3) of this Subchapter; and

(10)         Not more than 10 days after the conclusion of a school's offering of Basic Law Enforcement Training, submit to the Commission a Post-Delivery Report of Training Course Presentation (Form F-10B) that shall include:

(A)          a "Student Course Completion" form for each individual enrolled on the day of orientation;

(B)          a "Certification and Test Score Release" form;

(C)          the "Police Officer Physical Ability Test (POPAT) Post-Course" final form; and

(D)          the orientation class enrollment roster.

(c)  In addition to Paragraph (a) of this Rule, in planning, developing, coordinating, and delivering each Commission-certified "Criminal Justice Instructor Training Course," the School Director shall:

(1)           Schedule course presentation pursuant to Rule .0209 of this Subchapter;

(2)           Schedule evaluators as follows:

(A)          each evaluator, as well as the instructors, shall have completed a Commission-certified instructor training course or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise; and

(B)          each instructor and evaluator shall document successful participation in a program presented by the North Carolina Justice Academy for purposes of familiarization and supplementation relevant to delivery of the instructor training course and trainee evaluation;

(3)           Not fewer than 30 days before commencing delivery of the course, submit to the Commission a Pre-Delivery Report of Training Course Presentation [Form F-10A(ITC)] with the following attachments:

(A)          a course schedule showing the arrangement of topical presentations and proposed instructional assignments;

(B)          the names and last four digits of the social security numbers of all instructors and evaluators; and

(C)          a copy of any rules and requirements for the school; and

(4)           Not more than 10 days after course completion, submit to the Commission a Post-Delivery Report [Form F-10B(ITC)] containing the following:

(A)          class enrollment roster;

(B)          a course schedule with the designation of instructors and evaluators utilized in delivery;

(C)          scores recorded for each trainee on the 70 minute skill presentation; and

(D)          designation of trainees who completed the course in its entirety and whom the School Director finds to be competent to instruct.

(d)  In addition to Paragraph (a) of this Rule, in planning, developing, coordinating, and delivering each Commission-certified RADAR, RADAR and Time-Distance, Time-Distance, or LIDAR speed measurement operator training course or re-certification course, the School Director shall:

(1)           select and schedule speed measurement instrument instructors who are certified by the Commission as instructors for the specific speed measurement instruments in which the trainees are to receive instruction as follows:

(A)          provide to the instructor the Commission form(s) for motor skill examination on each trainee;

(B)          require the instructor to complete the motor skill examination form on each trainee indicating the level of proficiency obtained on each specific instrument; and

(C)          require each instructor to sign each individual form and submit the original to the School Director;

(2)           not fewer than 30 days before the scheduled starting date, submit to the Director of the Standards Division a Pre-Delivery Report of Speed Measuring Instrument Course Presentation [Form F-10A (SMI)] that shall contain a period of course delivery including the proposed starting date, course location, requested date and location for the administration of the State exam, and the number of trainees to be trained on each type of approved speed measurement instrument. The Director of the Standards Division shall review the request and notify the School Director within thirty business days if the request is approved or denied; and

(3)           upon completing delivery of the Commission-certified course, and not more than 10 days after the conclusion of a school's offering of a certified RADAR, RADAR and Time-Distance, Time-Distance, or LIDAR speed measurement operator training course or re-certification course, the School Director shall notify the Commission regarding the progress and achievements of each trainee by submitting a Post-Delivery Report of Training Course Presentation [Form F-10B (SMI)]. This report shall include the original motor-skill examination form(s) completed and signed by the certified instructor responsible for administering the motor-skill examination to the respective trainee.

History Note:        Authority G.S. 17C-6;

Eff. January 1, 1981;

Amended Eff. November 1, 1981;

Readopted w/change Eff. July 1, 1982;

Amended Eff. January 1, 2015; June 1, 2013; April 1, 2009; November 1, 2007; January 1, 2006; May 1, 2004; August 1, 2000; January 1, 1996; November 1, 1993; December 1, 1987; January 1, 1985;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019;

Amended Eff. April 1, 2022; July 1, 2021; January 1, 2021; July 1, 2020.