RELATES TO:
KRS
15.330(1)(f),
15.404(2),
15.440(1)(e)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15.330(1)(h) authorizes the
Kentucky Law Enforcement Council to promulgate reasonable administrative
regulations to implement
KRS
15.310 through
15.404.
KRS
15.404(2) requires all peace
officers with active certification status to successfully complete forty (40)
hours of annual in-service training certified or recognized by the council.
KRS
15.440(1)(e) requires local
units of government participating in the Law Enforcement Foundation Program
Fund to require all police officers to successfully complete at least forty
(40) hours of in-service training each calendar year at a school certified or
recognized by the council. This administrative regulation establishes
requirements for graduation from an in-service training course, maintenance of
in-service training records, procedures for recognizing training at
noncertified schools, and procedures for receiving in-service training credit
for completion of college courses.
Section
1. In-service Training Graduation Requirements.
(1) A
trainee in an
in-service training
course:
(a) Shall participate in the minimum
hours prescribed for the course; and
(b) May have excused absences from the course
with approval of the director of the certified school or his or her
designee.
(2) An excused
absence which causes a trainee to miss any of the required hours of in-service
training shall be made up through an additional training assignment. A trainee
shall not be allowed excused absences from more than ten (10) percent of the
hours of an in-service course.
(3)
To successfully complete an
in-service training course, a trainee shall:
(a) Participate in at least the minimum hours
prescribed for the training course;
(b) Successfully complete a graded exercise,
or pass the final examination or a reexamination;
(c) Successfully complete all graded training
areas and all other assignments, exercises, and projects included in the
course; and
(d) Comply with all
rules and administrative regulations of the certified school, the fund, and the
council.
(4) Final
examinations.
(a) In a course that requires a
final examination as a part of the curriculum, if a trainee fails to attain a
minimum score of seventy (70) percent on a final examination in an in-service
course, the trainee may request a second examination.
(b) The request for the second examination
shall be made within seven (7) calendar days from the date a notice of failure
was mailed to the trainee.
(c) The
second examination shall:
1. Contain a
completely different set of questions from the first examination;
2. Be administered within twenty-one (21)
days from the date of the request; and
3. Be administered at a time and location
designated by the supervisor of the in-service program.
(d) A failure of a trainee to meet the
minimum reexamination requirements shall constitute a course failure.
Section 2. In-service
Training Courses at Recognized Schools.
(1)
The council may recognize schools providing in-service training that are not
certified by the council.
(2) The
council may grant a request made after the course has been attended only if the
request is submitted before the next quarterly meeting of the
council.
(3) The
council shall
review the request and determine whether the school and the course shall be
recognized based upon the following:
(a) The
quality and reputation of the training school or institution;
(b) The relationship of the course to the
officer's rank and responsibility; and
(c) The unavailability of the course at a
certified school.
(4)
Upon determining that the trainee may attend an in-service training course at a
school or institution that is not certified, the council shall notify the
trainee's agency and the fund administrator of its action.
(5) A trainee who fails to meet requirements
established by the council for attendance at the recognized course (which shall
not be less than those prescribed herein for certified schools) shall not have
met the requirements of
KRS
15.440(1)(e).
Section 3. In-Service Training
Credit for Completion of College Courses. The
council shall recognize a
completed college course as in-service training upon a showing that the
conditions established in this section have been met.
(1) The course shall be completed at an
accredited college or university.
(2) The course shall be a minimum of three
(3) semester credit hours.
(3) The
officer shall successfully complete the course and receive a passing grade that
is the equivalent of a seventy (70) percent or a letter grade of "C", or
higher.
(4) The officer shall be an
active fund participant or in active peace officer professional standards
certification status as defined in
KRS
15.386(2) while enrolled in
the college course.
(5) The cost of
the college course shall be the responsibility of the officer or his or her
agency, and shall not be paid through the fund.
(6) An officer shall receive approval from
his or her agency head prior to submitting an application to receive in-service
training credit pursuant to this section. The agency head shall confirm his or
her approval by signing Form 68-2, Application for In-service Training Credit
for College Courses.
(7) An officer
shall be eligible to receive in-service training credit pursuant to this
section once every three (3) years.
(8) An officer who meets all requirements as
established in this section shall receive forty (40) hours of in-service
training designated with a pass score for the year in which the college course
was completed.
(9) The receipt of
in-service credit pursuant to this section shall not relieve an officer of
mandatory training requirements pursuant to federal, state, or local
law.
(10) The completed Form 68-2,
Application for In-service Training Credit for College Courses shall be sent to
the KLEC Executive Director, who shall forward a copy to the fund administrator
and the DOCJT Records Section Supervisor.
Section 4. Maintenance of Records.
(1) Each trainee who has successfully
completed an in-service course conducted by a school recognized or certified by
the council (other than the Department of Criminal Justice Training) shall, at
the conclusion of the course, have the school complete Form 68-1, Application
for Training Credit.
(2) The forms
shall be sent to the council for verification and retention.
(3) All training records shall be available
to the council, the secretary, and the fund administrator for inspection or
other appropriate purposes.
(4) All
records shall be maintained in accordance with the state records retention and
disposal schedules, incorporated by reference in 725 KAR Chapter 1.
Section 5. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) Form 68-1,
"Application for Training Credit", 2021; and
(b) Form 68-2, "Application for In-service
Training Credit for College Courses", 2021.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Criminal
Justice Training, 4449 Kit Carson Drive, Richmond, Kentucky 40475-3102, Monday
through Friday, 8 a.m. to 4:30 p.m. This material is also available on the
Council's website at
https://klecs.ky.gov/.