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, pursuant to 12 NCAC 09B .0301;

(3) Ensure each instructor utilizes Commission approved lesson plans and instructional materials, as specified in Rules .0205, .0209, .0210, .0212, .0226, .0227, .0232, .0233, .0235, .0236, .0237, .0238, .0241, .0313, .0314, and .0410 of this Subchapter;

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

(5) Develop, reproduce, and distribute any 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

(6) Administer the course delivery in accordance with Commission approved lesson plans, pursuant to Subparagraph (a)(3) of this Rule;

(7) 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;

(8) Within 48 hours of making a schedule change, notify the Division in writing of any schedule changes for an ongoing Commission-approved course. Schedule changes include changes to training times, blocks of instruction, training locations, and any other content included on the approved Pre-Delivery Report (F-10A) for the course, as prescribed in 12 NCAC 09I .0102. Notification shall include an explanation of and reasoning for the schedule change from the School Director or a qualified assistant.

(9) Within 48 hours of the occurrence of a student illness or injury, notify the Division of an instance of illness or injury requiring or resulting in medical assistance or hospitalization of a student enrolled in a Commission-approved course. Notification shall consist of a completed Student Injury Report pursuant to 12 NCAC 09I .0103 and 12 NCAC 09I .0105;

(10) Within five business days of the qualifying event, notify the Division in writing of:

(A) the removal by the School Director, school, training program, or employing institution of a Commission-certified instructor from a Commission-accredited course delivery; or

(B) the opening by the school, training program, or employing institution of an internal investigation, disciplinary proceeding, or pre-disciplinary proceeding which a Commission-certified instructor is the subject of and which contains allegations that could constitute conduct outlined in 12 NCAC 09B .0301(e) or could otherwise be considered a failure to meet or maintain requirements for instructor certification, pursuant to 12 NCAC 09B .0300.

Written notification shall include the name of the instructor; name of the school or agency; name of the Commission-accredited courses for which the instructor is planned to teach, currently teaching, or removed from; dates and explanation of the qualifying event or conduct which resulted in the instructor's removal, investigation, or proceeding; and explanation of action taken by the School Director, training program, or school.

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

(1) Schedule course presentation to include 12 hours of instruction each week during consecutive calendar weeks, except that there may be as many as six 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;

(2) 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;

(3) With the exception of the First Responder, Officer Health and Wellness, Explosives and Hazardous Materials Emergencies, 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;

(4) Schedule one Specialized Instructor certified by the Commission for every eight trainees while engaged in a practical performance exercise in the topical area Compliance and Control Tactics;

(5) Schedule no single individual to instruct more than 25 percent of the total hours of the 868-hour curriculum during any one delivery of the Basic Law Enforcement Training Course presentation;

(6) Not less than 30 calendar 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 09I .0102;

(7) Submit a copy of all 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 ensure that the delivery is objective-based, documented by, and consistent with a Commission-approved lesson plan, pursuant to Subparagraph (a)(3) of this Rule. 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), pursuant to 12 NCAC 09I .0101, 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 Qualified Assistant 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

(10) Not more than 10 calendar days after the conclusion of a school's offering of Basic Law Enforcement Training, ensure all student test scores and class documents have been uploaded to the North Carolina Justice Training and Certification portal, and submit to the Commission a Post-Delivery Report of Training Course Presentation (Web Form F-10B), pursuant to 12 NCAC 09I .0102.

(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, as evaluated by Division staff pursuant to 12 NCAC 09B .0302(d) and (e); and

(B) each instructor and evaluator shall have completed an instructor training orientation 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. The completion of an instructor training orientation program shall be documented in the North Carolina Justice Training and Certification portal.

(3) Not fewer than 30 calendar days before commencing delivery of the course, submit to the Commission a Pre-Delivery Report of Training Course Presentation, Form F-10A, pursuant to 12 NCAC 09I .0102, with the following attachments:

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

(B) the names and Academy ID numbers of all instructors and evaluators; and

(4) Not more than 10 calendar days after course completion, submit to the Commission a Post-Delivery Report of Training Course Presentation Form F-10B, pursuant to 12 NCAC 09I .0102, containing the following:

(A) class enrollment roster;

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

(D) designation of trainees who completed the course in its entirety.

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

(1) select and schedule SMI instructors who are certified by the Commission as instructors, pursuant to Rules .0237 and .0308 of this Subchapter, for the specific speed measuring instruments in which the trainees are to receive instruction;

(2) not fewer than 30 calendar days before the scheduled starting date, submit to the Director of the Standards Division a Pre-Delivery Report of Training Course Presentation, Form F-10A, pursuant to 12 NCAC 09I .0102, and

(3) upon completing delivery of the Commission-certified course, and not more than 10 calendar days after the conclusion of a school's offering of a RADAR, LIDAR, or RADAR/LIDAR 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, pursuant to 12 NCAC 09I .0102. This report shall include the original motor-skill examination forms 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. January, 1, 2025; April 1, 2022; July 1, 2021; January 1, 2021; July 1, 2020;

Readopted Eff. October 1, 2026.