Final Text
6VAC20-80-10. Definitions.
The following words and terms, when used in this
chapter, shall have the following meaning, unless the context
clearly indicates otherwise.
"Academy director" means the chief administrative officer of a certified training academy.
"Academy instructor" means an individual who has
complied with all of the applicable standards for certification or
recertification, whichever applies, contained herein and is eligible to
instruct, teach or lecture for more than three hours of approved or mandated
training at a certified training academy.
"Agency instructor" means any previously
certified instructor who has complied with all of the applicable standards for
instructor recertification contained herein, except 6VAC20-80-70 A 5.
"Apprenticeship" means a period of supervised
instruction, occurring after satisfactory completion of an approved instructor
development course, wherein the instructor applicant is evaluated by a
certified instructor during mandated or approved instruction.
"Certified training academy" means a certified
training academy which provides instruction of at least the minimum training
standards mandated by the board and has been approved by the department for the
specific purpose of training criminal justice personnel.
"Criminal justice agency" means any government
agency or identifiable subunit which has as its principal duty(s): the
prevention, detection, and investigation of crime; the apprehension, detection,
and prosecution of alleged offenders; the confinement or correctional
supervision of accused or convicted persons; or the administrative or technical
support of these functions.
"Department" means the Department of Criminal
Justice Services.
"Director" means the chief administrative officer
of the department.
"Instructional staff" means any individual
employed in training on a full-time basis who shall instruct approved training.
"Apprenticeship" means a period of supervised instruction, occurring after satisfactory completion of an approved instructor development course, wherein the instructor applicant is evaluated by a certified instructor during mandated instruction [ or another course of instruction approved by the academy director ].
"Certified training academy" means a certified training academy that provides instruction of at least the minimum training standards mandated by the board and has been approved by the department for the specific purpose of training criminal justice personnel.
"Criminal justice agency" means any government agency or identifiable subunit that has as its principal duty(s): the prevention, detection, and investigation of crime; the apprehension, detection, and prosecution of alleged offenders; the confinement or correctional supervision of accused or convicted persons; or the administrative or technical support of these functions, and is designated by the Code of Virginia as coming under the purview of the Department of Criminal Justice Services.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department.
"Instructional staff" means any individual employed in training on a full-time basis who shall instruct mandated training.
"Instructor" means an individual who has complied with all of the applicable standards for certification or recertification, whichever applies, contained herein and is eligible to instruct or teach mandated training at a certified training academy.
"Mandated training" means training that satisfies compulsory minimum training requirements such as entry-level and in-service training.
Statutory Authority
§9.1-102 9.1-105 of the Code of Virginia.
Historical Notes
Derived from VR240-01-12 §1, eff. July 1, 1986; amended, Virginia Register Volume 6, Issue 16, eff. July 1, 1990; Volume 8, Issue 16, eff. July 1, 1992; Volume 24, Issue 23, eff. September 1, 2008.
6VAC20-80-20. Minimum Compulsory minimum standards
for instructors.
Individuals instructing approved mandated
training shall possess one of the following certifications authorized by the
department, excluding those enumerated in 6VAC20-80-50:
[ A. Provisional instructor certification.
For the individual who has not previously met the requirements for instructor certification, this certification:
1. Requires a high school diploma or high school equivalency certificate (GED);
2. Requires that the individual has met the compulsory minimum training standards for the primary function for which employed by a criminal justice agency, if applicable;
3. Does not authorize an individual to instruct or qualify others in mandated firearms, defensive tactics, driver training, or radar courses; and
4. Is valid for not more than two years and is not renewable. An individual may apply for instructor certification upon meeting the requirements of 6VAC20-80-20 and 6VAC20-80-60. ]
[ B. 1. ] General instructor certification.
For individuals who have professional or proficiency skills in a field directly
related to criminal justice, this certification:
[ 1. a. ] Requires a high school
diploma or high school equivalency certificate (GED);
[ 2. b. ] Requires the applicant to be instructional
staff, a sworn officer or an employee of a Virginia criminal justice
agency, academy instructional staff, or an academy director. Nonsworn
employees may apply for a general instructor certification provided that they
only conduct training in their particular areas of expertise;
[ 3. c. ] Requires a minimum of two
years' experience in a criminal justice agency; or two years of
experience in the subject area the individual will instruct;
[ 4. d. ] Requires the applicant
to have successfully completed an instructor development course which meets or
exceeds the standards of the instructor development course enumerated in
6VAC20-80-30;
[ 5. e. ] Is valid for not more than
three years, but may be renewed;
[ 6. f. ] Requires the applicant to serve
an apprenticeship, as specified in 6VAC20-80-40, with a certified instructor
until the applicant can demonstrate the ability to successfully instruct
without supervision. The certified instructor shall document this successful
completion of the apprenticeship on the instructor application form; and.
This documentation shall be maintained at the [ appropriate ]
certified academy [ at which certification is obtained ];
[ 7. g. ] Does not authorize an
individual to instruct or qualify others in mandated firearms, defensive
tactics, driver training, or radar operator courses.; and
[ h. 8. ] Certification
becomes null and void when the certified instructor is not employed by an
agency that comes under the purview of the department.
[ C. 2. ] Firearms instructor
certification. For the individual who has had extensive firearms training and
experience, this certification:
[ 1. a. ] Requires a high school
diploma or high school equivalency certificate (GED);
[ 2. b. ] Requires the applicant to be instructional
staff, a sworn officer or an employee of a Virginia criminal justice
agency, academy instructional staff, or an academy director;.
Nonsworn employees may apply for general instructor certification provided that
they only conduct training in their particular area of expertise;
[ 3. c. ] Requires a minimum of two
years' experience in a criminal justice agency;
[ 4. d. ] Requires the applicant to
have attended and successfully completed an instructor development course which
meets or exceeds the standards of the instructor development course enumerated
in 6VAC20-80-30;
[ 5. e. ] Requires the applicant also
to have successfully completed a firearms instructors course which meets or
exceeds the standards of the firearms instructors course approved by the
department;
[ 6. f. ] Is valid for not more
than three years, but may be renewed;
[ 7. g. ] Requires prequalification on
a department "Modified Double Action Course or Virginia Tactical
Qualification Course" with a minimum score of 90%;
[ 8. h. ] Requires the applicant to
serve an apprenticeship, as specified in 6VAC20-80-40, with a certified
instructor until the applicant can demonstrate the ability to successfully
instruct without supervision. The certified instructor shall document this
successful completion of the apprenticeship on the instructor application
form; and. This documentation shall be maintained at the [ appropriate ]
certified academy [ at which certification is obtained ]
;
[ 9. i. ] Authorizes an individual to
instruct mandated firearms training courses and to conduct annual firearms
qualifications only.; and
[ j. 10. ] Certification
becomes null and void when the certified instructor is not employed by an
agency that comes under the purview of the department.
[ D. 3. ] Defensive tactics certification.
For the individual who has had extensive training and experience in the area of
defensive tactics, this certification:
[ 1. a. ] Requires a high school
diploma or a high school equivalency certificate (GED);
[ 2. b. ] Requires the applicant to be
instructional staff, a sworn officer or an employee of a Virginia
criminal justice agency, academy instructional staff, or an academy
director;. Nonsworn employees may apply for general instructor
certification provided that they only conduct training in their particular area
of expertise;
[ 3. c. ] Requires a minimum of two
years experience in a criminal justice agency;
[ 4. d. ] Requires the
applicant to have attended and successfully completed an instructor development
course which meets or exceeds the standards of the instructor development
course enumerated in 6VAC20-80-30.
[ 5. e. ] Requires the
applicant also to have successfully completed a defensive tactics instructors
course which meets or exceeds the standards of the defensive tactics
instructors course approved by the department;
[ 6. f. ] Is valid for not more
than three years, but may be renewed;
[ 7. g. ] Requires the applicant to
serve an apprenticeship, as specified in 6VAC20-80-40, with a certified
instructor until the applicant can demonstrate the ability to successfully
instruct without supervision. The certified instructor shall document this
successful completion of the apprenticeship on the instructor application
form; and. This documentation shall be maintained at the [ appropriate ]
certified academy [ at which certification is obtained ]
;
[ 8. h. ] Authorizes the individual to
instruct defensive tactics subjects only.; and
[ i. 9. ] Certification
becomes null and void when the certified instructor is not employed by an
agency that comes under the purview of the department.
[ 4. E. ] Driver training instructor
certification. For the individual who has had extensive training and experience
in the area of driver training, this certification:
[ 1. a. ] Requires a high school
diploma or a high school equivalency certificate (GED);
[ 2. b. ] Requires the applicant to be instructional
staff, a sworn officer or an employee of a Virginia criminal justice
agency, academy instructional staff, or an academy director. Nonsworn
employees may apply for general instructor certification provided that they
only conduct training in their areas of expertise;
[ 3. c. ] Requires a minimum of
two years experience in a criminal justice agency;
[ 4. d. ] Requires the applicant to
have attended and successfully completed an instructor development course which
meets or exceeds the standards of the instructor development course enumerated
in 6VAC20-80-30;
[ 5. e. ] Requires the applicant also
to have successfully completed a driver training instructors course which meets
or exceeds the standards of the driver training instructors course approved by
the department;
[ 6. f. ] Is valid for not more than
three years, but may be renewed;
[ 7. g. ] Requires the applicant
to serve an apprenticeship, as specified in 6VAC20-80-40, with a certified
instructor until they can demonstrate the ability to successfully instruct
without supervision. The certified instructor shall document this successful
completion of the apprenticeship on the instructor application form; and.
This documentation shall be maintained at the [ appropriate ]
certified academy [ at which certification is obtained ]
;
[ 8. h. ] Authorizes the individual to
instruct driver training subjects only.; and
[ i. 9. ] Certification
becomes null and void when the certified instructor is not employed by an
agency that comes under the purview of the department.
[ F. 5. Radar Speed measurement ]
instructor certification. This certification:
[ 1. a. ] Requires a high school
diploma or high school equivalency certificate (GED);
[ 2. b. ] Requires the applicant to be instructional
staff, a sworn officer or an employee of a Virginia criminal justice
agency, academy instructional staff, or an academy director. Nonsworn
employees may apply for general instructor certification provided that they
only conduct training in their particular area of expertise;
[ 3. c. ] Requires a minimum of two
years experience in a criminal justice agency, including two years experience
in radar operation;
[ 4. d. ] Requires the applicant to
have attended and successfully completed an instructor development course which
meets or exceeds the standards of the instructor development course enumerated
in 6VAC20-80-30;
[ 5. e. ] Requires the applicant to have
attended and successfully completed a radar instructor school which meets or
exceeds the standards established by the department;
[ 6. This provision applies to all new personnel employed after July 1, 2007; ]
6. [ f. 7. ] Is valid
for not more than three years, but may be renewed;
7. [ g. 8. ]
Requires the applicant to serve an apprenticeship, as specified in
6VAC20-80-40, with a certified instructor until the applicant can demonstrate
the ability to successfully instruct without supervision. The certified
instructor shall document this successful completion of the apprenticeship
on the instructor application form; and. This documentation shall be
maintained at the [ appropriate ] certified
academy [ at which certification is obtained ] ;
8. [ h. 9. ] Authorizes
an individual to instruct radar subjects only.; and
[ i. 10. ] Certification
becomes null and void when the certified instructor is no longer employed by an
agency that comes under the purview of the department.
Statutory Authority
§9.1-102 9.1-105 of the Code of Virginia.
Historical Notes
Derived from VR240-01-12 §2, eff. July 1, 1986; amended, Virginia Register Volume 6, Issue 16, eff. July 1, 1990; Volume 8, Issue 16, eff. July 1, 1992; Volume 24, Issue 23, eff. September 1, 2008.
6VAC20-80-30. Compulsory minimum training standards for instructor development and recertification courses.
The board establishes the following compulsory minimum training standards:
1. An instructor development course shall include a minimum of 40 hours of training and must address each of the following subjects:
a. Role of the Instructor/Adult Learner
b. Fundamentals of Communication
c. Liability and Ethics of Instructors
d. Research and Development
e. Instructional Performance Objectives
f. Preparation and Use of Lesson Plans
g. Methods of Instruction [ for Adult Learners ]
h. Preparation and Use of Audio-Visual Material
i. Criteria Testing and Test Construction
j. Student Presentations
k. Optional Topics (subject(s) selected at the discretion of the academy director, if applicable, but must pertain to instructor development.);
2. An instructor recertification course shall include a minimum
of six two hours of training and must address the following
mandated subjects: for each general instructor and all specialty
designations. The director of a certified academy shall establish
recertification criteria for that academy and submit completion of
recertification training to the department.
a. Curriculum.
(1) Core subjects (4 hours minimum).
(a) Review of Instructional Techniques and Methods
(b) Review of Liability and Ethics of Instructors
(c) Training Innovations and Technology
(d) Testing and Measurements
(e) Record Keeping and Documentation
(2) Skill specific subjects (2 hours minimum)
(a) Review of Current Basic and In-Service Course
Requirements (Skills Areas to Emphasize and Review Current Mandates)
(b) Skill Specific Liability Issues;
3. Application(s) to conduct approved instructor development
and recertification courses shall be submitted on forms provided by the
department and within the time limit prescribed by the department.
Statutory Authority
§9.1-102 9.1-105 of the Code of Virginia.
Historical Notes
Derived from VR240-01-12 §3, eff. July 1, 1986; amended, Virginia Register Volume 6, Issue 16, eff. July 1, 1990; Volume 8, Issue 16, eff. July 1, 1992; Volume 24, Issue 23, eff. September 1, 2008.
6VAC20-80-40. Instructor apprenticeship requirements.
A. The apprenticeship shall:
1. Occur after the successful completion of a Virginia certified or other equivalent instructor development course which meets or exceeds the standards of the instructor development course established by the department;
2. Be conducted under the supervision and evaluation of a Virginia certified instructor, who possesses at least three years of experience as a certified instructor in the topic of apprenticeship instruction; and
3. Consist of instructional presentation which shall total no
less than four hours in duration However, firearms instructor apprenticeship
shall total no less than eight hours, four hours classroom and four hours range
presentation. for general instructor and no less than [ eight
four ] hours in any specialty or skill area except for speed
measurement [ that, which ] shall consist
of [ four two ] hours. For the
specialty or skill area the individual must demonstrate proficiency in both
classroom and skills presentations.
B. The certified instructor shall document the successful
completion of the apprenticeship on the "Instructor Certification
Application." in a manner prescribed by the certified academy that
is conducting the apprenticeship.
Statutory Authority
§9.1-102 9.1-105 of the Code of Virginia.
Historical Notes
Derived from VR240-01-12 §4, eff. July 1, 1986; amended, Virginia Register Volume 6, Issue 16, eff. July 1, 1990; Volume 8, Issue 16, eff. July 1, 1992; Volume 24, Issue 23, eff. September 1, 2008.
6VAC20-80-50. Exemptions to certification requirements.
The following individuals are exempted from the certification requirements set forth in 6VAC20-80-20:
1. Individuals who instruct three hours or less in any approved
training session in a certified training academy;
2. 1. An individual assigned by the academy
director to instruct in emergency situations;
3. 2. Individuals who possess professional or
proficiency skills directly related to the subject matter in which they are
instructing. This may include but not be limited to members of the bar, medical
profession, public administrators, teachers, social service practitioners, etc.
Documentation of skills may be requested and final approval, if necessary, rests
with the department;
4. 3. Subdivision 3 2 of 6VAC20-80-50
this section may apply to employees of criminal justice agencies of this
Commonwealth and its political subdivisions if approved by the department;
5. 4. Certified emergency care and first aid instructors;
and
6. 5. Individuals who serve as field training
officers or on-the-job training officers for purposes of providing field
training as required by minimum training standards. Such exemption shall not be
construed to apply to training promulgated by the department other than field
training or on-the-job training.; and
6. Individuals who have conducted training as a subject
matter expert may continue to conduct training in their area of expertise [ only
for two years after being hired by an agency designated by the Code of Virginia
as coming under the purview of the department ].
Statutory Authority
§9.1-102 9.1-105 of the Code of Virginia.
Historical Notes
Derived from VR240-01-12 §5, eff. July 1, 1986; amended, Virginia Register Volume 6, Issue 16, eff. July 1, 1990; Volume 8, Issue 16, eff. July 1, 1992; Volume 24, Issue 23, eff. September 1, 2008.
6VAC20-80-60. Application for instructor certification.
A. A properly completed "Instructor Certification
Application" is required from each instructor prior to being considered
for certification. The application must be received by the department within
12 months of completion of the instructor course for which certification is
requested. The application shall be accompanied by a recommendation from the
chief of police, sheriff, agency administrator or his designee, and endorsed by
the academy director shall conform to the format and requirements
specified by the department.
B. If a properly completed "Instructor Certification
Application" is not received within the 12-month application period, the
applicant must attend the applicable recertification course and must be
reevaluated in accordance with the apprenticeship requirements set forth in
6VAC20-80-40 prior to consideration for certification.
Statutory Authority
§9.1-102 9.1-105 of the Code of Virginia.
Historical Notes
Derived from VR240-01-12 §6, eff. July 1, 1986; amended, Virginia Register Volume 6, Issue 16, eff. July 1, 1990; Volume 8, Issue 16, eff. July 1, 1992; Volume 24, Issue 23, eff. September 1, 2008.
6VAC20-80-70. Instructor recertification.
A. Instructor certifications, other than those
issued to provisional instructors, will shall be valid for not more
than three years. Individual instructors must meet all applicable
recertification requirements by December 31 of the third calendar year
following issuance of certification. Applications for recertification will
be submitted on forms provided by the department.
1. Applicants for recertification shall be recommended by
the chief of police, sheriff, agency administrator or his designee, and
endorsed, where applicable, by the academy director.
2. A recertification application for departmental firearms
instructors does not require endorsement by the academy director.
3. Applicants shall attend and successfully complete a
recertification course which shall be approved by the department for each type
of certification held. This requirement must be completed prior to December 31
of the calendar year in which the instructor is required to be recertified
unless provided otherwise in accordance with subdivision 6 of 6VAC20-80-70.
Completion of one or more of the skills recertification
seminars (firearms, defensive tactics, driver training, or radar training) will
qualify an instructor for recertification in the general category.
4. Individuals whose certification expires shall comply with
all requirements of 6VAC20-80-60 and meet any certification requirements that
are in effect at that time.
5. Individuals who instruct in a certified training academy
shall have taught a minimum of eight hours of mandated or approved instruction
during the current period of certification, and shall have been evaluated by
staff or students in order to be eligible for recertification as an academy
instructor.
6. Individuals who have not taught a minimum of eight hours
of mandated or approved instruction during the current period of certification
and have not been evaluated by staff or students shall be designated as agency
instructors. Agency instructors may become an academy instructor upon
completion of the requirements set forth in paragraph 5 above under the
supervision of a certified instructor
7. The director may grant an extension of the time limit for
completion of the recertification requirements under the following conditions:
a. The chief of police, sheriff or agency administrator
shall present written notification that the officer was unable to complete the
required training within the specified time limit due to:
(1) Illness;
(2) Injury;
(3) Military service;
(4) Special duty assignment required and performed in the
public interest;
(5) Leave without pay or suspension pending investigation
or adjudication of a crime; or
(6) Any other reason documented by the agency
administrator. Such reason must be specified and any approval granted shall not
exceed 90 days.
b. Requests for extension of the time limit shall be
requested prior to certification expiration.
Statutory Authority
§9.1-102 9.1-105 of the Code of Virginia.
Historical Notes
Derived from VR240-01-12 §7, eff. July 1, 1986; amended, Virginia Register Volume 6, Issue 16, eff. July 1, 1990; Volume 8, Issue 16, eff. July 1, 1992; Volume 24, Issue 23, eff. September 1, 2008.
6VAC20-80-80. Suspension and revocation Revocation
of instructor certification.
A. The department may suspend or revoke any instructor
certification issued under these rules if it is determined that an individual
has:
1. Falsified any department report, application, form or roster;
2. Demonstrated instructional incompetence based upon observation and assessment; or
3. Otherwise misused the authority granted herein.
B. An instructor's certification may be recommended for suspension
or revocation for cause upon written request of the chief of police,
sheriff, agency administrator, or academy director.
C. When a certified instructor terminates employment with the
criminal justice agency which that recommended certification, or
is no longer an employee of a Virginia criminal justice agency, or an academy
director, the instructor certification shall become null and void upon
written request of the chief of police, sheriff, agency administrator, or
academy director. Upon reemployment with a Virginia criminal justice
agency, the instructor's certification may be reinstated upon the written
request of the chief of police, sheriff or agency administrator. Requests for
reinstatement shall be authorized by an academy director. Any reinstatement
of certification shall not exceed the original date of expiration.
D. Any instructor whose certification is revoked as provided in subsection A of this section shall not be eligible to reapply for certification for a period of three years from the date of revocation.
Statutory Authority
§9.1-102 9.1-105 of the Code of Virginia.
Historical Notes
Derived from VR240-01-12 §8, eff. July 1, 1986; amended, Virginia Register Volume 6, Issue 16, eff. July 1, 1990; Volume 8, Issue 16, eff. July 1, 1992; Volume 24, Issue 23, eff. September 1, 2008.
6VAC20-80-90. Administrative requirements.
Reports will be required from the school academy
director, chief of police, sheriff, or agency administrator on forms provided
by or approved by the director and at such times as designated by the director.
Statutory Authority
§9.1-102 9.1-105 of the Code of Virginia.
Historical Notes
Derived from VR240-01-12 §9, eff. July 1, 1986; amended, Virginia Register Volume 6, Issue 16, eff. July 1, 1990; Volume 8, Issue 16, eff. July 1, 1992; Volume 24, Issue 23, eff. September 1, 2008.
6VAC20-80-100. Effective date. (Repealed.)
These rules shall be effective on and after July 1, 1992,
and until amended or repealed.
Statutory Authority
§9.1-102 of the Code of Virginia.
Historical Notes
Derived from VR240-01-12 §10, eff. July 1, 1986; amended, Virginia Register Volume 6, Issue 16, eff. July 1, 1990; Volume 8, Issue 16, eff. July 1, 1992; repealed, Volume 24, Issue 23, eff. September 1, 2008.
6VAC20-80-110. Adopted: July 6, 1983. (Repealed.)
Amended: April 1, 1992.
Statutory Authority
§9.1-102 of the Code of Virginia.
Historical Notes
Derived from VR240-01-12 §11, eff. July 1, 1986; amended, Virginia Register Volume 6, Issue 16, eff. July 1, 1990; Volume 8, Issue 16, eff. July 1, 1992; repealed, Volume 24, Issue 23, eff. September 1, 2008.
[ FORMS
Criminal Justice Instructor Application for
Certification/Recertification, eff. [ 7/1/92 9/1/99 ].
Criminal Justice Training Roster, Form 41, eff. 1/93. (Electronic Submission Only) ]