Section 14.04 - Instructors(1) Pursuant to M.G.L. c. 112, § 263(b) and (e), all Instructors shall be approved by the division.(2) Pursuant to M.G.L. c. 112, § 263(b), the approval process for instructors shall include division review of criminal offender record information.(3) A School shall employ Instructors sufficient in number to provide instruction that meets or exceeds minimum standards applicable in the field of instruction.(4) Prior to hiring an Instructor, a School shall conduct due diligence to ensure in good faith that the Instructor is qualified in accordance with 230 CMR 14.04.(5) Except as provided in 230 CMR 14.04(9), prior to allowing an Instructor to teach a class, a School shall, on a form supplied by the division, certify that an Instructor is qualified and meets any Program-specific qualifications as determined by the division, and receive division approval for said Instructor.(6) An Instructor of a Course meant to prepare an individual for an occupation that requires its practitioners to be licensed shall be so licensed unless the Instructor is otherwise qualified and the School receives a waiver to that effect from the division, or the Instructor is teaching only general content Courses. An Instructor whose license is expired, suspended, or revoked shall notify the School immediately, and the School shall notify the division immediately. The Instructor may not provide further instruction until the license is reinstated.(7) An Instructor of an occupation that requires its practitioners to be approved by another state or federal authority must be so approved. An Instructor who loses such approval shall notify the School immediately, and the School shall notify the division immediately. The Instructor may not provide further instruction until the approval is reinstated.(8) Division approvals for Instructors are not permanent and shall be subject to reevaluation as determined by the division and to expiration when the School's license expires or is renewed.(9) Schools may utilize unapproved Instructors as substitute Instructors for up to 15 School days without division approval subject to the following provisions: (a) The occasion for the substitution must be a sudden, unforeseen circumstance, such as an illness or sudden vacancy.(b) After a substitute Instructor has taught for 15 School days, he or she may not teach any further classes at that School within a three-month period without division approval.(c) A substitute Instructor must be designated on all School records as a substitute Instructor, not a principal Instructor. Schools must maintain separate records of the use of substitute Instructors. These records must document the reason that a substitute was used, the classes taught, and the name and credentials of the substitute Instructor. These records must be maintained with other School records under 230 CMR 15.03: School Records.(d) Notwithstanding the other provisions of 230 CMR 14.04(9), the division may prohibit or limit the use of substitute Instructors if such use would cause any Instructional Hours earned by attending students to be unusable toward licensure or certification in an occupational field.(e) Whenever a class is taught by a substitute Instructor, the School shall notify the students in the class as to the School policy on substitute Instructors, and as to how the students may submit a complaint to the School and to the division. If a written notice is provided, a copy of the written notice shall be maintained with other School records under 230 CMR 15.03: School Records.(f) The use of substitute Instructors in a single Course may not exceed 20% of the overall Course meetings.(g) A School may petition the division for relief from 230 CMR 14.04.Adopted by Mass Register Issue 1329, eff. 12/30/2016.