Cal. Code Regs. tit. 11 § 1059

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1059 - Requirements for Basic Course Certification

(a) Instructor-Led Basic Course Training

Each request for certification of a basic course [i.e., Regular Basic Course (standard and modular formats), Specialized Investigators' Basic Course, PC 832 Arrest and Firearms Course, and the Requalification Course] submitted to POST shall be evaluated in accordance with the following criteria:

(1) Basic courses certified under this Regulation section are not authorized for Web-based Training (Refer to Commission Regulation 1001). Temporary exemptions may be granted by the Executive Director during a period when the Governor of California declares a State of Emergency;

(2) Development of the course was approved by the Basic Training Bureau based on an established ongoing, unmet training need;

(3) A completed Basic Course Certification Attestation, POST 2-351 (4/2021) and, when necessary, an expanded course outline minimally to the third level of detail to sufficiently explain any course content to be presented beyond that required in the Training and Testing Specifications for Peace Officer Basic Courses, to include:

(A) Hours of Instruction

(B) Learning activities (e.g., table-top exercises, role playing, scenarios) or other means of assessing student learning (e.g., cognitive or manipulative skills test)

1. Provide brief description of any learning activity (as defined in Commission Regulation 1001) that may be used during each course presentation.

2. Training presenters shall have the flexibility to select any of the learning activities they described during a course presentation, provided the course content is delivered as certified.

(4) Qualifications of Instructors, Directors, Coordinators, Recruit Training Officers, Scenario Managers, Scenario Evaluators, and/or Test Proctors/Evaluators (refer to Commission Regulations 1070 and 1071 for minimum training standards and Commission Procedures D-1-1 to D-1-7 for test proctor/evaluator training requirements)

(5) Target audience and number of trainees

(6) Physical Facilities Appropriate for the Training

(7) Methods of Course Presentation

(8) Methods of assessing student learning (e.g., learning activities demonstrations, testing, teach backs)

(9) Availability of staff to administer and properly oversee the course

(10) Process for student evaluation of the course

(11) Projected course cost and tuition per student

(12) Instructor/trainee ratios

(13) Provisions for student safety, if applicable (refer to POST Guidelines for Student Safety for Certified Courses 2024)

(A) Each training presenter of POST-certified basic courses involving manipulative skills training shall implement a formal written safety policy. Training presenters shall at all times develop and implement safety policies for courses when applicable or when student safety is involved. Training presenters shall refer to the POST Guidelines for Student Safety in Certified Courses 2024, herein incorporated by reference, for clarification and requirements. The POST Basic Training Bureau shall review and approve safety policies.

(b) Instructor-Led Basic Course Training Certification Request

The following information, provided to POST via EDI, shall constitute a complete course certification request for a basic course:

(1) Course Administration Information collected via EDI shall consist of the following:

(A) Presenter submitting request

(B) Course information

1. Course title

2. Course number

3. Course hours

4. Secondary course title

5. Course description

6. Fiscal year

7. If the course is a variable format course

8. Participating agencies and target audience

9. If the course is specifically job related for dispatchers

10. Estimated annual trainees

11. If course is to be published in the course catalog

(C) Mandated information

1. Do you want to request perishable skills approval?

2. Does this course meet a legislative mandate?

3. Does this course meet a POST regulation training mandate?

(D) Course information details

1. Does this course require standardized curriculum?

2. Does this course revisit content from prior course(s)? (i.e., refresher course)

3. Is this an update course? (i.e., material changes over time)

4. Does this course require a safety policy? (e.g., Arrest and Control, Firearms)

5. Are there subventions or college financial support?

6. Does this course require prerequisite(s)? (e.g., Basic Course)

7. Does this course have enrollment restrictions?

8. Project(s) description (if required)

9. Is there a college affiliation?

10. Semester or quarter indicator

11. Number of units granted

(E) Presentation information

1. Maximum enrollment for each presentation

2. Maximum number of presentations per year

3. Indicate course on-site/off-site presentations

4. Course address(es)

5. Number and size of classroom facilities

6. Presentation methods (indicate all techniques used)

7. Training aids

8. Methods of assessing learning goals and objectives (indicate all methods used)

(F) Financial information

1. Indicate POST Reimbursement Plan (refer to Commission Regulation 1015(c))

2. Non-reimbursable tuition

(G) General information

1. Course coordinator name

2. Course coordinator telephone

3. Email

(2) Course instructor resume, shall be completed by the course presenter for each instructor assigned to instruct and/or proctor/evaluator assigned to administer a test in any POST certified/approved basic course. The Presenter Approval section of the resume shall be completed for each instructor of a "Specialized Training Subject", listed in Commission Regulation 1070 in compliance with Commission Regulation 1082, and/ or test proctor/evaluator administering a test in compliance with Commission Procedures D-1-1 to D-1-7, and who has been evaluated and met the instructor/proctor/evaluator training requirements. The course instructor resume information collected via EDI shall consist of the following:

(A) Course title

(B) Presenter submitting resume

(C) Personal information

1. POST ID

2. Instructor's name (first, middle, last, suffix)

3. Current occupation

4. Current employer (primary)

5. Business address (street, city, state, zip)

6. Business phone number

7. Business email

8. Subject(s) assigned to instruct (e.g., firearms, legal update)

9. Highest degree obtained

10. Year obtained

11. Major

12. Education/teaching credential

13. College/university granting degree (including city and state)

14. Professional licenses or certificates

15. Law enforcement experience or other experience including any directly related to this instructional assignment (e.g., patrol, SWAT, traffic), and number of years

(D) Instructor experience (courses taught)

(E) Course information

1. Subjects instructor teaches in this course (e.g., Firearms, Legal Update)

(F) Instructor/proctor/evaluator development training

1. Instructor development training including that which is specific to this course

a. Course title

b. Course control number (or presenter name if not POST-certified)

c. Total hours

d. Date completed

e. Specialized subjects listed in Commission Regulation 1070(b) or 1070(c)

2. Regular Basic Course instructors shall complete the AICC, Commission Regulation 1082 or pass the AICC Equivalency process, Commission Regulation 1009(c)(4)

(G) Presenter approval

1. Presenter/designee (person authorized to approve instructor)

a. Name (first, middle, last)

2. Presenter contact information

a. Office phone

b. Cell phone

c. Fax

d. Email

(3) Course Certification Attestation, POST 2-351 (4/2021), signed by Director or Coordinator and, when necessary, an expanded course outline that shall minimally include: presenter name and presenter identification number and course name or title on each page, page numbers, and subject topics to the third level of detail to sufficiently indicate the technical information in the subject areas, methods for assessing student learning. Presenters may introduce new learning activities not referenced/described during the initial course certification process to enhance learning. Any new learning activity introduced into the course curriculum on other than a temporary basis shall be added to the expanded course outline and submitted to POST staff for approval of the course modification.

(A) The Course Certification Attestation information collected via EDI shall consist of the following:

1. Presenter Name

2. Course Name or Title

3. Course Control Number

4. Presenter agreement of the following:

a. Adopt and present the current curriculum, hours, and testing requirements outlined in both the Training and Testing Specifications for Peace Officer Basic Courses and any pilot approved Training and Testing Specifications at the time of course certification.

b. Maintain records of the curriculum presented in lesson plan form, total instructional hours, instructors, test proctor(s)/evaluator(s), scenario managers, scenario evaluators, and scenario role players for each presentation of the course, and, upon request, make these documents available for inspection by POST.

c. Comply with all other requirements for basic course certification as outlined in this Regulation section and submit all other requirements through EDI (e.g., course instructor resumes, safety policy, etc.).

d. Submit course roster and complete schedule upon completion of the course.

5. Director or Coordinator

6. Title

7. Contact Number

8. Email

9. Signature

10. Date

(B) A generic outline example is as follows:

Presenter Name, Presenter Identification Number

Course Name or Title

Page Number

(A) Topic 1 or Section 1

1. First Subtopic/Section Content

a. Content Breakdown

b. Content Breakdown

2. Second Subtopic/Section Content

a. Content Breakdown

b. Content Breakdown

(B) Topic 2 or Section 2

1. First Subtopic/Section Content

a. Content Breakdown

b. Content Breakdown

2. Second Subtopic/Section Content

a. Content Breakdown

b. Content Breakdown

(4) Breakdown of positions, by role, that must meet minimum training requirements (instructors, test proctors, scenario managers, etc. (reference Commission Regulations 1070 and 1071 for minimum training standards and Commission Procedure D-1 for test proctor/evaluator training requirements)). The information collected via EDI shall consist of the following:

(A) Instructors listed by topic

(B) Director(s)

(C) Coordinator(s)

(D) Recruit Training Officer(s)

(E) Scenario Manager(s)

(F) Scenario Evaluator(s)

(G) Test proctor(s)/evaluator(s) and test type (e.g., comprehensive, exercise, etc.)

(H) Testing system users and permission level (e.g. course manager/administrator, test proctor, etc.)

(5) Course safety policies and procedures for courses when applicable, (reference POST Guidelines for Student Safety in Certified Courses 2024 for clarification and sample policies) must minimally address:

Presenter Name, Presenter Identification Number

Course Name or Title

Page Number

(A) Rules of safety and conduct

1. General rule

2. Course specifics

3. Site specific rules

(B) Reporting and handling injuries

1. Minor injuries

2. Major injuries

3. Training shall at all times be conducted in a manner designed to minimize any risk of injury and to promote student, staff, and instructor safety.

4. The POST Basic Training Bureau shall be notified in writing within five (5) business days when an injury requiring more than basic first aid occurs during training.

(C) Ratios of instructional staff to students

(D) Address, phone number, and contact person for each training site

(E) Name, location, and phone number of nearest emergency medical facility for each training site

(6) Course budget is necessary if the cost per student exceeds $100 (refer to Commission Regulation 1054). Course budget information collected via EDI shall consist of the following:

(A) Course title

(B) Presenter

(C) Site indicator: onsite or offsite

(D) Services

1. Instruction (name, hours, rate, high cost justification)

2. Coordination

a. General (name, course hours, rate per 8 hours)

b. Presentation - onsite (name, hours, rate, high cost justification)

3. Clerical (name, hours, rate)

(E) Travel

1. Coordinators

2. Instructors

(F) Indirect costs as defined in Commission Regulation 1054(j)

(G) Supplies and equipment

1. Books/pamphlets/handouts (description, quantity, item cost)

2. Certificates (description, quantity, item cost, cost)

3. Notebooks (description, quantity, item cost, cost)

4. Paper/office supplies (description, quantity, item cost, cost)

5. Printing/reproduction (description, number of pages, rate per page, number of students, cost)

6. Equipment (item, specific cost)

(H) Support costs

1. Course facility costs (e.g., item, cost)

2. Miscellaneous [item cost (e.g., room rental, telephone, postage)]

(I) Subventions

1. Course facility costs (e.g., item, grants, gifts, FTES)

2. Type (e.g., cash, equipment, services)

(c) Course Certification Review

(1) Presenters must allow a minimum of 60 days for staff to approve the course certification request. Approval must be granted via EDI prior to the presentation of the course. If the request is incomplete, the presenter will be required to make the necessary changes in accordance with Commission Regulation 1059 and resubmit the course via EDI. This may extend the time required to complete the course certification process.

(2) POST will notify the requestor via EDI of the decision to approve or disapprove certification of a course.

(3) Any requestor not satisfied with a certification action may submit an appeal in accordance with Commission Regulation 1058.

(d) Modifications to Course Certification

(1) All courses shall be presented as certified. Course presenters shall submit, via EDI, modification(s) to the budget, attestation, course content, total course hours, staff positions, resumes, location, and/or number of presentations a minimum of 45 days in advance of a course presentation. Approval of the modification must be granted via EDI prior to the presentation of the course. CPT credit will not be awarded to students attending basic courses.

(e) In addition to the criteria specified in subsections 1059(a)-(d), each request for certification of a basic course shall be evaluated in accordance with the following criteria:

(1) Each academy shall designate an academy director whose qualifications, based upon education, experience, and training shall include a demonstrated ability to manage an academy. Any academy director appointed on or after April 1, 2020, shall have sworn, full-time, first-level supervisory experience. The academy director is ultimately responsible for academy performance and is the primary point of contact to POST.

(A) Academy management responsibilities shall include:

1. Integrating and sequencing instruction;

2. Managing instructional methods, testing, and remedial training;

3. Hiring, assigning, and evaluating performance of the instructor(s), coordinator(s), training officer(s), and staff;

4. Coordinating, budgeting, and controlling academy resources; and

5. Maintaining academy discipline.

6. Supervising academy operations for certification compliance when instruction is being conducted.

(2) Each academy shall designate an academy coordinator whose qualifications, based upon knowledge, experience, and training, shall include a demonstrated ability to coordinate the instruction and management of the Regular Basic Course instructional system. Any academy coordinator appointed on or after April 1, 2020, shall have sworn, full-time, first-level supervisory experience.

(A) Regular Basic Course instructional system coordination responsibilities shall include:

1. Developing sequenced instructional schedules;

2. Overseeing and evaluating instructional, technological, testing, and remedial training;

3. Participating in the hiring process of instructor(s), training officer(s) and staff, and making recommendations for their selection and assignment; and evaluating instructor's(s') and training officer's(s') performance;

4. Delivering course curriculum in accordance with the Training and Testing Specifications; and

5. In the absence of the director or when designated, supervising academy operations for certification compliance when instruction is being conducted.

(3) Each Modular Format presenter, that is not an academy, shall designate a coordinator whose qualifications, based upon knowledge, experience, and training, shall include a demonstrated ability to coordinate the instruction and management of the Regular Basic Course instructional system. Any coordinator appointed on or after April 1, 2020, shall have sworn, full-time, first-level supervisory experience. The coordinator is ultimately responsible for course performance and is the primary point of contact for POST.

(A) Regular Basic Course instructional system coordination responsibilities shall include:

1. Developing sequenced instructional schedules;

2. Overseeing and evaluating instructional, technological, testing, and remedial training;

3. Participating in the hiring process of instructors(s), training officer(s) and staff, and making recommendations for their selection and assignment;

4. Evaluating instructor's(s') and training officer's(s') performance;

5. Approving student enrollment based on verification of completion of course prerequisites;

6. Delivering course curriculum in accordance with the Training and Testing Specifications; and

7. Supervising academy operations for certification compliance when instruction is being conducted.

(4) Each Modular Format presenter, that is not an academy, shall comply with the minimum training standards for coordinators as prescribed in Commission Regulation 1071.

(5) Each academy shall designate recruit training officers whose qualifications, based upon knowledge, experience, and training, shall include a demonstrated ability to supervise trainees attending a Regular Basic Course - Standard Format, Module I, or the Specialized Investigator's Basic Course. Any recruit training officer appointed on or after April 1, 2020, shall have sworn, full-time law enforcement experience.

(A) Recruit training officer responsibilities shall include:

1. Monitoring that instruction meets state legislative mandates and Commission regulations and procedures;

2. Providing day-to-day first line supervision of trainees;

3. Supporting, motivating, mentoring, evaluating, and advising trainees;

4. Performing Operational risk management and enforcing the student safety policy; and

5. Ensuring compliance with all local, state, and federal laws and administrative procedures associated with the educational and workplace environment.

(6) The position of academy director, coordinator(s) and recruit training officer(s) are independent positions held by separate individuals.

(7) Each academy shall designate a scenario manager. Any scenario manager appointed on or after April 1, 2021, shall have sworn, full-time law enforcement experience, and possess a POST Basic Certificate.

(A) Scenario Manager responsibilities shall include:

1. Performing role player and evaluator selection, training, and scheduling;

2. Supervising scenario demonstration, and testing;

3. Providing scenario briefings, logistics, and protocols;

4. Ensuring the security of scenario test events and documents; and

5. Designating the safety officer(s).

(8) Each academy shall designate scenario evaluators. Any scenario evaluator appointed on or after April 1, 2021, shall have sworn, full-time law enforcement experience, and possess a POST Basic Certificate.

(A) Scenario evaluator's responsibilities shall include:

1. Performing scenario scene management;

2. Ensuring security of scenario test events and documents;

3. Ensuring scene safety; and

4. Evaluating and documenting trainee performance.

(9) Each college academy shall institute an advisory committee of law enforcement officials to assist in providing logistical support and validation of the training.

(10) Each academy/presenter shall comply with the minimum training standards for directors, coordinators, recruit training officers, scenario managers, and scenario evaluators as prescribed in Commission Regulation 1071.

(11) Each academy/presenter shall comply with the Test-Use and Security Agreement as defined in Commission Regulation 1001.

(12) Each academy/presenter shall establish and comply with the Test Administration and Security Policy, as specified in the POST Basic Courses Test Management and Security Protocols 2018.

(f) The presenter of a POST-certified basic course shall review all audio-visual training materials and publicly broadcasted material prior to use as a training resource. The review of this material shall emphasize the avoidance of materials that depict situations, tactics, and procedures that could lead a trainee to take inappropriate actions on the job.

(1) For the purposes of this Regulation, "audio-visual training materials" are defined as audio tapes, CD-ROM discs, computer animations, digitized audio, and video files, DVD discs, films, slides, videotapes, web-based, and other similar media.

Commission Procedure Section D-1-1 adopted effective September 26, 1990, and amended January 14, 1994, August 7, 1996, January 1, 2001, January 1, 2004, September 15, 2004, and January 1, 2022, is herein incorporated by reference.

Commission Procedure Section D-1-2 adopted effective September 26, 1990, and amended January 11, 1992, January 14, 1994, August 7, 1996, February 13, 1997, September 25, 1998, January 1, 2004, September 15, 2004, August 26, 2006, and January 1, 2022, is herein incorporated by reference.

Commission Procedure Section D-1-3 adopted effective April 15, 1982, and amended January 24, 1985, September 26, 1990, January 14, 1994, July 16, 1994, December 16, 1994, August 16, 1995, August 7, 1996, November 27, 1996, February 22, 1997, August 16, 1997, December 4, 1997, January 1, 2001, January 1, 2002, April 10, 2002, January 1, 2004, September 15, 2004, January 1, 2006, January 19, 2007, July 1, 2007, January 1, 2009, May 3, 2012, July 21, 2012, April 1, 2014, October 1, 2014, April 1, 2016, February 15, 2017, January 1, 2022, and February 10, 2022, is herein incorporated by reference.

Commission Procedure Section D-1-4 adopted effective October 20, 1983, and amended September 26, 1990, October 27, 1991, January 14, 1994, May 7, 1995, July 21, 2000, January 1, 2001, July 1, 2002, September 15, 2004, January 1, 2006, January 19, 2007, July 1, 2007, January 1, 2009, May 3, 2012, October 1, 2014, April 1, 2016, February 15, 2017, January 1, 2022, and February 10, 2022, is herein incorporated by reference.

Commission Procedure Section D-1-5 adopted effective December 29, 1988, and amended December 19, 1994, July 1, 2002, September 15, 2004, January 1, 2006, August 26, 2006, February 15, 2017, and January 1, 2022, is herein incorporated by reference.

Commission Procedure Section D-1-7 adopted effective January 1, 2004, and amended September 15, 2004, January 1, 2006, January 1, 2009, May 3, 2012, October 1, 2014, April 1, 2016, February 15, 2017, January 1, 2022, and February 10, 2022, is herein incorporated by reference.

The document, Training and Testing Specifications for Peace Officer Basic Courses, adopted effective January 1, 2001, and amended effective October 1, 2001, January 1, 2002, July 1, 2002, January 1, 2003, January 1, 2004, August 15, 2004, September 15, 2004, July 1, 2005, January 1, 2006, January 19, 2007, July 1, 2007, August 8, 2007, January 1, 2008, July 1, 2008, January 1, 2009, July 1, 2009, January 1, 2010, July 1, 2010, July 1, 2011, January 1, 2012, July 1, 2012, January 1, 2013, August 1, 2013, February 1, 2014, August 1, 2014, August 1, 2015, February 1, 2016, August 1, 2016, February 1, 2017, February 15, 2017, August 1, 2017, July 1, 2018, April 1, 2020, July 1, 2020, October 2020, April 1, 2022, October 1, 2023, and January 25, 2024, is herein incorporated by reference.

The document POST Basic Course Test Management and Security Protocols 2018 adopted effective January 1, 2009, and amended May 3, 2012, October 1, 2014, April 1, 2016, February 15, 2017, and July 1, 2018, is herein incorporated by reference.

Cal. Code Regs. Tit. 11, § 1059

Note: Authority cited: Sections 13503 and 13506, Penal Code. Reference: Section 13503(e), Penal Code.

Note: Authority cited: Sections 13503 and 13506, Penal Code. Reference: Section 13503(e), Penal Code.

1. New section filed 12-31-2020; operative 4/1/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 1). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.)
2. Amendment of subsection (f)(1) and PAM sections D-1-3, D-1-4 and D-1-7 filed 10-5-2021; operative 1/1/2022 (Register 2021, No. 41).
3. Amendment of subsections (a), (a)(3)(B), (a)(4), (b)(1)(F)1., (b)(2), (b)(2)(F)1.e., (b)(2)(F)2., (b)(6), (b)(6)(F), (e), (e)(4), (e)(10)-(11) and (f) and amendment of Commission Procedures D-1-1, D-1-2 and D-1-5 (incorporated by reference) filed 10-15-2021; operative 1/1/2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
4. Change without regulatory effect amending Commission Procedures D-1-3, D-1-4 and D-1-7 (incorporated by reference) and amending subsection (f)(1) filed 2-10-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 6).
5. Amendment of subsections (a)(3), (b)(3) and (b)(4)(A), new subsection (b)(4)(H) and amendment of subsection (d)(1) filed 6-20-2022; operative 10/1/2022 (Register 2022, No. 25).
6. Change without regulatory effect amending the Training and Testing Specifications for Peace Officer Basic Courses (incorporated by reference) and amending subsection (f)(1) filed 6-29-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 28).
7. Change without regulatory effect amending subsection (f)(1) and amending the document Training and Testing Specifications for Peace Officer Basic Courses (incorporated by reference) filed 1-25-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 4).
8. Amendment of subsections (a)(13)-(a)(13)(A), (b)(5) and (f)(1) and amendment of the document POST Guidelines for Student Safety for Certified Courses (incorporated by reference) filed 2-27-2024; operative 4/1/2024 (Register 2024, No. 9).