15A.070 Duties and powers of Department of Criminal Justice Training -- Course
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/ky/15a-070A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
instruction -- Administrative regulations -- Qualification as independent study.
(1)The Department of Criminal Justice Training shall:
(a)Establish, supervise, and coordinate training programs and schools for law
enforcement personnel, subject to the limitations of KRS 15.440(1)(d) and
and 15.560, and any other justice or nonlaw-enforcement-related personnel as
prescribed by the secretary; and
(b)Promulgate an administrative regulation pursuant to KRS Chapter 13A by
September 1, 2022, to establish procedures and participation requirements for
basic training and annual in-service course instruction to be offered
electronically and online through remote learning. The administrative
regulation shall include the following provisions:
1. By no later than January 1, 2024, at least ten percent (10%) of the total
hours of course instruction required to be completed for basic training
under KRS 15.440(1)(d) be made available electronically and online for
candidates to complete through remote learning;
2. By no later than January 1, 2025, at least thirty percent (30%) of the total
course instruction required to be completed by an officer for annual in-
service training under KRS 15.440(1)(e) that is offered or sponsored by
the Department of Criminal Justice Training be made available
electronically and online to complete through remote learning;
3. The instruction provided by the Department of Criminal Justice Training
under this paragraph shall not be in subject areas that require the
demonstration or use of physical skill for the purposes of evaluating the
participant's proficiency;
4. The course offerings and instruction required to be provided under
subparagraph 2. of this paragraph be available throughout the entire
calendar year and spread over a reasonable period of time so as not to
require attendance or participation for the entirety of a single work
week; and
5. Any other reasonable procedures and rules to ensure the attendance,
active participation, and successful mastery of the subject matters
presented in the courses it provides electronically and online through
remote learning under this paragraph are established.
(2)The Department of Criminal Justice Training shall make a continuing study of law
enforcement training standards and upon request may furnish information relating
to standards for recruitment, employment, promotion, organization, management,
and operation of any law enforcement agency in Kentucky.
(3)The Department of Criminal Justice Training shall conduct continuing research on
criminal law and criminal justice subjects related to law enforcement training.
(4)The Department of Criminal Justice Training may by administrative regulation
provide for administrative hearings to be conducted in accordance with KRS
Chapter 13B.
(5)The commissioner of the Department of Criminal Justice Training may promulgate
administrative regulations in accordance with KRS Chapter 13A.
(a)Nothing in subsection (1)(b) of this section shall be interpreted to be an
independent study as defined in 38 C.F.R. sec. 21.4267.
(b)In order to ensure that a qualified trainee shall receive all Post-9/11 GI Bill
benefits, or any other similar federal benefits related to military service, to
which the trainee is entitled to receive while participating in basic training
provided by the Department of Criminal Justice Training pursuant to KRS
15.440(1)(d), the following shall apply in the event that the Kentucky
Approving Agency for Veterans Education within the Kentucky Community
and Technical College System classifies the training provided pursuant to
subsection (1)(b) of this section as independent study as defined in 38 C.F.R.
sec. 21.4267:
1. The Kentucky Approving Agency for Veterans Education shall seek a
formal opinion of the United States Department of Veterans Affairs
regarding its decision to classify the program as independent study;
2. If the United States Department of Veterans Affairs will not issue a
formal opinion or determines or otherwise agrees that the program
qualifies as independent study under federal regulations, the Department
of Criminal Justice Training shall make available in-person course
instruction to those who receive Post-9/11 GI Bill benefits, or any other
similar federal benefits related to military service, as long as this
offering meets criteria established under federal laws and regulations,
provided that the Department of Criminal Justice Training and Kentucky
Approving Agency for Veterans Education seeks a formal opinion of the
United States Department of Veterans Affairs regarding any criteria that
is relied upon to attempt to disqualify the agency;
3. If the Department of Criminal Justice Training cannot provide in-person
instruction as provided in subparagraph 2. of this paragraph because of a
final determination that the trainee would be disqualified from receiving
benefits during his or her participation in the program, the Department
of Criminal Justice Training shall cause to be paid to the trainee an
amount equal to the benefits the trainee would have received under the
Post-9/11 GI Bill benefits or any other similar federal benefits related to
military service had the program or instruction not been disqualified.
The amount shall be paid to the trainee from the Kentucky Law
Enforcement Foundation Program fund under KRS 15.430; and
4. In the event that insufficient funds exist in the Kentucky Law
Enforcement Foundation Program fund established pursuant to KRS
15.430 to meet the obligations provided in subparagraph 3. of this
paragraph, the law enforcement agency employing the trainee shall cause
to be paid to the trainee an amount equal to the benefits the trainee
would have received under the Post-9/11 GI Bill benefits or any other
similar federal benefits related to military service had the program or
instruction not been disqualified.