Should the Commission approve the amendment to Regulation 1052(a)(5) to adopt (A) and (B) to specify minimum instructor qualifications and stipulate that instructors of POST-certified courses cannot receive credit for any module of a course or event for which they are the instructor?

POST staff have been made aware of courses in which instructors have attended a portion of a POST-certified course as a student when also acting in the capacity of an instructor. This creates potential concerns with regard to the potential for an unqualified instructor to be added to a roster in order to get credit for the course and the reimbursement of an individual in the capacity of both an instructor and a student.

At the June 18, 2020 Commission meeting, POST staff brought forth a proposed amendment to Regulation 1052(a)(5) to address this potential issue. The Commission had some concerns regarding the inability for individuals to receive partial credit for courses in which they are both the instructor and enrolled student, and requested that this topic be revisited at a subsequent Commission meeting.

POST staff have been made aware of courses in which instructors have attended a portion of a POST-certified course as a student while also acting in the capacity of an instructor for a small portion/module of instruction. Although, these infrequent instances appear to have happened due to the best of intentions, the situation identified the need for POST to provide clarity on this in order to ensure individuals participating can focus their undivided attention on the learning environment as either instructors or students. Further, these few instances were not in violation of POST Regulation, as the language in its current state does not address such circumstances. There was also additional concern for the potential for the individual to be reimbursed twice - as student and instructor. 

POST staff have conducted additional review and identified the following considerations:

1) How will POST ensure that instructors are truly qualified to teach?

2) How will POST recognize and ensure it does not penalize subject matter experts for their skills?

3) How will POST ensure State funds are not double billed?

4) How can POST make reasonable allowances for individuals to receive partial credit for courses in which they are simultaneously instructing and enrolled as a student?

POST staff propose amending Regulation 1052(a)(5) to adopt (A) to include language to identify instructor qualifications through successful completion of POST-certified courses within a specified subject, or successful completion of non-POST-certified courses within a specified subject, that meet equivalency of core content comparison/review, or significant experience successfully practicing the skill or working within the subject matter (e.g., a trained psychologist who has not completed any POST-certified courses teaching a course in officer wellness).

Additionally, POST staff propose amending Regulation 1052(a)(5) to adopt (B) to include language to stipulate that instructors may not receive course credit for any module in which they are the instructor but may be eligible to receive credit for any remaining modules of instruction in the course or even in which they are a registered attending and not providing instruction. 

Any presenter allowing for such arrangement will be required to ensure compliance with Regulation 1055(g)(2), which mandates a written statement from the course coordinator explaining how an individual successfully completed the course or ten percent of the certified hours of a POST-certified course.

POST staff recommend the Commission approve the amendments to Regulation 1052(a)(5) to adopt (A) and (B) to specify minimum instructor qualifications and stipulate that instructors of POST-certified courses cannot receive credit for any module of a course or event for which they are the instructor.

If the Commission concurs, the appropriate action would be a MOTION to approve the recommended changes specified in this report.