1 Del. Admin. Code § 801-10.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 801-10.0 - Minimum Qualifications for Police Instructors10.1 Proposed instructors shall forward a resume including information relative to their education, experience in law enforcement, experience and suitability in instruction, ability at oral and written communication, and physical and personal appearance to the Administrator. 10.1.1 The instructors shall be of 5 types: 10.1.1.1 Certified Instructors: Those used in general police instruction and who have been in law enforcement for a minimum of 5 years. These instructors shall complete a police instructor school as approved by the Council and instructed by a Master Instructor.10.1.1.2 Limited Instructor: Those who, by their special knowledge and preparation, are suited to instruct certain courses requiring such special knowledge and education shall have the 5-year minimum experience waived. These instructors may be given a certification limited in subject matter. 10.1.1.3. Master Instructor: A police officer certified by the Council to teach a police instructor school.10.1.1.4. Firearms Instructor: Defined in 1 DE Admin. Code 803.10.1.1.5. Master Firearms Instructor: Defined in 1 DE Admin. Code 803.10.1.2 Instructors shall maintain their certification as an instructor by meeting the following criteria: 10.1.2.1 Certified, Limited and Firearms Instructors must conduct a minimum of 8 hours of instruction or presentation in a 2-year period to remain active instructors. An instructor who fails to instruct or present a minimum of 8 hours during a 2-year period shall become inactive and is not permitted to act as an instructor. An inactive instructor may re-activate their instructor status by teaching for 8 hours under the supervision of another instructor. Should an instructor fail to teach or present within a 5-year period, they shall be subject to the provisions in subsection 10.1.5.10.1.2.2 A Master Instructor must participate in a police instructor school as an instructor or facilitator once every 2 years. If a Master Instructor fails to meet these requirements during a 2-year period, they shall be subject to the provisions in subsection 10.1.5.10.1.3 Evaluations 10.1.3.1 Certified instructors shall be monitored by the Director (or his/her designee) of the respective academy in which they are instructing.10.1.3.2 Evaluation reports shall be forwarded to the Director (or his/her designee) of the training academy from which the instructor originates.10.1.4 Complaint Process 10.1.4.1 Students in a police academy having complaints relative to training shall direct such complaints to the Director of the academy they are attending.10.1.4.1.1 If remedial action is not forthcoming, the student; 10.1.4.1.1.1 In the case of students attending their own academy, shall follow the authorized chain of command of that agency.10.1.4.1.1.2 In the case of students attending an academy other than their own, shall notify their training officer or chief of police.10.1.4.1.1.3 The training officer or chief of police making complaints relative to an instructor or the training shall make a written request to the Administrator for an evaluation of the training or the instructor. The Administrator, or the Administrator's designee, shall provide an evaluation for every request. The Administrator's designee shall be a director of an approved academy or the director's designee. The Administrator or the Administrator's designee shall consult with a Master Instructor in that evaluation process.10.1.4.2 Students not in a police academy, or anyone else who has a complaint relative to training from an instructor defined in subsection 10.1.1, shall follow the complaint process in subsection 10.1.4.1.1.3.10.1.5 Decertification10.1.5.1 Instructors who become certified, but through the evaluation process are found to be unacceptable for training purposes may be decertified by the Council upon recommendation by the Training Director of the agency's Academy, and the Administrator. The complaint shall have been investigated prior to any action by the Council.10.1.5.2 Falsification of information which led to certification shall be just cause for instructor decertification.10.1.5.3 Certified Instructors who fail to complete the minimum required teaching may be decertified after notice and an opportunity to be heard in front of a panel of 3 Master Instructors chosen by the Administrator. The Certified Instructor may present argument in writing or request a hearing by sending the argument or request for a hearing to the Administrator. If the panel determines that the instructor demonstrated by substantial evidence that the instructor was unable to complete the required teaching due to circumstances beyond their control, the instructor shall be given 1 additional year to meet the minimum teaching standard. If the instructor fails to complete the minimum teaching standard within 1 year, they shall be decertified as an instructor by the Council. Failure to respond to a notice sent by Certified Mail to an instructor shall be grounds for decertification as a Certified Instructor.10.1.5.4 Master Instructors who fail to complete the minimum required teaching may be decertified after notice and an opportunity to be heard in front of a panel of 3 members of the Council. The Master Instructor may present argument in writing or request a hearing by sending the argument or request for a hearing to the Administrator. If the panel determines that the Master Instructor demonstrated by substantial evidence that the Master Instructor was unable to complete the required teaching due to circumstances beyond their control, the Master Instructor shall be given 1 additional year to meet the minimum teaching standard. If the Master Instructor fails to complete the minimum teaching standard within 1 year, they shall be decertified as a Master Instructor, but shall retain their status as a Certified Instructor. Failure to respond to a notice sent by Certified Mail to a Master Instructor shall be grounds for decertification as a Master Instructor.10.1.6 Appellate Process: There are no appeals of the decisions of the Council on Police Training concerning instructor decertification unless a claim of lack of due process can be substantiated.
1 Del. Admin. Code § 801-10.0
22 DE Reg. 230 (9/1/2018)
22 DE Reg. 783 (3/1/2019)
24 DE Reg. 1012 (5/1/2021)
27 DE Reg. 615 (2/1/2024) (Final)