10 U.S.C. § 2033

Instructor qualifications

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(a)In General.—In order for a retired officer or noncommissioned officer to be employed as an instructor in the program, the officer must be certified by the Secretary of the military department concerned as a qualified instructor in leadership, wellness and fitness, civics, and other courses related to the content of the program, according to the qualifications set forth in subsection (b)(2) or (c)(2), as appropriate.(b)Senior Military Instructors.—(1)Role.—Senior military instructors shall be retired officers of the armed forces and shall serve as instructional leaders who oversee the program.(2)Qualifications.—A senior military instructor shall have the following qualifications:(A) Professional military qualification, as determined by the Secretary of the military department concerned.(B) Award of a baccalaureate degree from an institution of higher learning.(C) Completion of secondary education teaching certification requirements for the program as established by the Secretary of the military department concerned.(D) Award of an advanced certification by the Secretary of the military department concerned in core content areas based on—(i) accumulated points for professional activities, services to the profession, awards, and recognitions;(ii) professional development to meet content knowledge and instructional skills; and(iii) performance evaluation of competencies and standards within the program through site visits and inspections.(c)Non-Senior Military Instructors.—(1)Role.—Non-senior military instructors shall be retired noncommissioned officers of the armed forces and shall serve as instructional leaders and teach independently of, but share program responsibilities with, senior military instructors.(2)Qualifications.—A non-senior military instructor shall demonstrate a depth of experience, proficiency, and expertise in coaching, mentoring, and practical arts in executing the program, and shall have the following qualifications:(A) Professional military qualification, as determined by the Secretary of the military department concerned.(B) Award of an associates degree from an institution of higher learning within five years of employment.(C) Completion of secondary education teaching certification requirements for the program as established by the Secretary of the military department concerned.(D) Award of an advanced certification by the Secretary of the military department concerned in core content areas based on—(i) accumulated points for professional activities, services to the profession, awards, and recognitions;(ii) professional development to meet content knowledge and instructional skills; and(iii) performance evaluation of competencies and standards within the program through site visits and inspections.(Added Pub. L. 109–364, div. A, title V, § 539(a), Oct. 17, 2006, 120 Stat. 2210.)Editorial NotesPrior Provisions

A prior section 2033, added Pub. L. 106–65, div. A, title V, § 547(a)(1), Oct. 5, 1999, 113 Stat. 608; amended Pub. L. 106–398, § 1 [[div. A], title V, § 577(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–140, provided that certain excess amounts appropriated for the National Guard Challenge Program were to be made available for the Junior Reserve Officers’ Training Corps program, prior to repeal by Pub. L. 107–107, div. A, title V, § 596(c)(1), (3), Dec. 28, 2001, 115 Stat. 1127, effective Oct. 1, 2002.

Notes of Decisions

Cited in 3 cases, 2012–2017 · leading case: Michael Crooks v. Raymond Mabus, Jr., 845 F.3d 412 (D.C. Cir. 2016).

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Michael Crooks v. Raymond Mabus, Jr., 845 F.3d 412 (D.C. Cir. 2016). “Certification as an “instructor in leadership, wellness and fitness, civics, and other courses related to the content of the program,” 10 U.S.C. § 2033 (a), is a prerequisite for retired officers or noncommissioned officers to serve as NJROTC instructors.”

Foster v. Mabus, 895 F. Supp. 2d 135 (D.D.C. 2012). · cites it 3× “See 10 U.S.C. § 2033 (basing certification on “professional activities [and] services to the profession,” as well as “content knowledge and instructional skills,” and “performance evaluation of competencies and standards within the program”).”

Colley v. James, 254 F. Supp. 3d 45 (D.D.C. 2017). “10 U.S.C. § 2033 (a). The Secretary for each branch of the military is responsible for “establish[ing] minimum acceptable standards for performance and achievement for qualified [ROTC] units.”

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