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AGENDA ITEM REPORT

Title: Report on Changes to the Basic Course Certification Process
REPORT PROFILE
MEETING DATE
6/18/2020
BUREAU SUBMITTING THIS REPORT
Basic Training Bureau
RESEARCHED BY (PRINT NAME)
Jennifer Hardesty
REVIEWED BY (PRINT NAME)
Jim Grottkau
REPORT DATE
04/08/2020
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
05/14/20
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:
Should the Commission approve, subject to the Notice of Proposed Regulatory Action process, the proposed regulation changes enumerated in this report?
BACKGROUND:

The current certification process for basic courses is cumbersome for both presenters and POST staff, with no guarantee the course materials being presented to POST are truly reflective of what is being taught, or in what order and by which instructor. POST requires basic course presenters to submit the course documents in advance of the projected start date (i.e., course administrative information, expanded course outline, instructor resumes, hourly distributions and safety policies with a budget required if tuition is charged.) The expanded course outline is a repeat of the Training and Testing Specifications for Peace Officer Basic Courses (TTS) presented in an alternate format, and the hourly distribution is a proposed schedule indicating how the presenter plans to present the course material.

The proposal for a pilot basic course certification process was presented and approved at the February 8, 2018 Commission meeting. The current regulations for basic course certification are located under Commission Regulation 1052(f) and, with the changes previously made to the certification process for all other courses, were pushed to the bottom of the regulation section making them difficult to locate and confusing to presenters.

Additionally, POST has discovered there are individuals who are managing the scenario test process and evaluating the scenario test performance of recruits who do not possess the requisite knowledge or experience to do so (e.g., moving from agency to agency never having completed the probationary period, or having not completed training beyond the Module II course and working as a Level II Reserve, etc.).

This lack of knowledge and experience has led to numerous situations where scenario test sessions have been invalidated and students retested, or a student’s failure of a scenario test has been incorrectly overturned by a scenario manager. These situations have led to students inappropriately passing or failing tests and highlight the need for a qualification standard for Scenario Managers and Scenario Evaluators beyond the applicable training course requirement.

ANALYSIS:

The following Commission Regulations (Attachment A) are affected by the proposed changes:

1001. Definitions

1051. Course Certification Program

1052. Requirements for Course Certification

1055. Requirements for Course Presentation

1056. Annual Re-certification

1057. Denial of Course Certification/Suspension/Decertification

1058. Appeals Process

1059. Requirements for Basic Course Certification (new section)

1070. Minimum Training Standards for Instructors of POST-Certified Specialized Training

1081. Minimum Standards for Legislatively Mandated Courses

1082. Minimum Content Requirements for Instructor Courses

In speaking with basic course presenters, it is commonplace to have two files for each basic course presentation - one containing the original materials “submitted to POST” via the Electronic Data Interchange (EDI) prior to course instruction and one, a “working file," which contains the material outlining how the course was actually presented (e.g., working schedule).  POST does not receive a copy of the "working file" and therefore will be unaware of any missed required content (e.g., tests, instruction, etc.,) until a Basic Course Certification Review (BCCR) is conducted years after the course was presented.

Under the proposed certification process, rather than submitting an Expanded Course Outline and Hourly Distribution prior to the start of course, presenters will submit:

  • an attestation form (Attachment B) signed by the Director or Coordinator, indicating agreement to present, in its entirety, the TTS in place at the time of course presentation.
  • a breakdown of instructors, by learning domain topic, Director(s), Coordinator(s), Recruit Training Officer(s), Scenario Manager(s), Scenario Evaluator(s) and test proctor(s)/evaluator(s).

Presenters will continue to submit Instructor Resumes, Safety Policies, and a Budget when necessary. In addition, presenters will be required to submit their complete schedule outlining how and when the TTS and mandate requirements were met during each instructional block when submitting the course roster after completion of the course. These changes will facilitate a more in-depth review of the course as presented, not planned, and will allow POST staff more time to work with presenters on maintaining compliance with POST regulations, will make the basic course certification requirements easier for presenters to locate, and will be a more accurate record of the course presented.

The proposed changes will also increase the validity of the scenario testing evaluation process by requiring Scenario Managers and Evaluators to have sworn, full-time law enforcement experience, and possess a POST Basic Certificate.

RECOMMENDATION:
Staff recommends the Commission Regulations be amended pursuant to the rulemaking process and the Office of Administrative Law. If no public hearing is requested, the proposed changes will become effective April 1, 2021.
 
ATTACHMENT(S):
Name: Type:
Attachment_A-_Commission_Regulations.pdf Cover Memo
Attachment_B-_Attestation_Form.pdf Backup Material