Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment will allow for a minimum
passing score that is greater than seventy percent (70%), which is required for
certain programs of study within basic training. This amendment will ensure
that the determination to allow for the retake of a failed examination is made
by the training center before the start of basic training and the eligibility
to retake an examination applies equally to all basic training students. The
amendment will ensure that basic training students are informed when they are
taking or retaking an examination.
(1) There shall be two (2) types of basic
training courses:
(A) Recruit courses, which
shall deliver an entire mandatory basic training curriculum, and which shall be
designed to qualify a previously untrained person for a new peace officer
license pursuant to 11 CSR 7513.020; and
(B) Upgrade courses, which shall deliver a
portion of a mandatory basic training curriculum, and which shall be designed,
either singly or in combination with other upgrade courses, to qualify a
licensed peace officer for a license upgrade pursuant to 11 CSR
7513.030.
(2) The
procedure for delivering a basic training course shall be as follows:
(A) The training center director shall verify
that each trainee is qualified pursuant to
11 CSR
75-14.060.
(B) At least fifteen (15) days before the
start of the course, the training center director shall:
1. Cause each trainee to complete a Missouri
peace officer license legal questionnaire, which the training center director
shall review.
2. Cause each trainee
to submit to being fingerprinted in a manner approved by the Missouri State
Highway Patrol pursuant to section
43.543,
RSMo, to determine if the applicant has a criminal history record on file with
the Missouri criminal records repository or the Federal Bureau of
Investigation. The fee associated with being fingerprinted in this manner shall
be the responsibility of the applicant.
3. Report to the Director the existence of
any known fact or circumstance that might constitute cause for the Director to
disqualify any trainee from receiving a peace officer license, in which case
the training center director shall obtain a waiver from the Director before
admitting the trainee into the course.
(C) The training center director shall deny
entry into the course or shall expel from the course any trainee that the
Director determines to be unqualified pursuant to
11 CSR
75-14.060 or section
590.100,
RSMo.
(D) At least ten (10) days
before the start of the course, the training center director shall notify the
Director of the course start date, end date, class schedule including the
instructor of each class, location, and the date on which graduates will be
administered the Missouri Peace Officer License Exam.
(E) On or before first day of the training
course, the training center director shall provide to each trainee a copy of
all training center polices and procedures relating to trainees, including
grading and class makeup policies.
(F) The training center director may dismiss
for cause any trainee before graduation, in which case the training center
director shall immediately notify the Director. The training center director
shall provide the reason for the dismissal to the Director. Dismissal by the
training center director shall not be subject to appeal pursuant to these rules
or Chapter 590, RSMo.
(G) No later
than thirty-five (35) days before graduation, the training center director
shall cause each trainee to submit to the Director a peace officer license
application.
(H) The training
center director shall determine whether each trainee shall graduate from the
course pursuant to 11 CSR 75-14.050(7) and training center policies. A
graduation determination by the training center director shall not be subject
to appeal pursuant to these rules or Chapter 590, RSMo.
(I) No later than ten (10) days after
graduation, the training center director shall forward to the Director a list
of graduates containing the final score for each trainee.
(J) Upon request of a training center
director, the Director may waive or modify any time period specified in this
rule.
(3) The
instruction of every objective of a mandatory basic training curriculum shall
be performed:
(A) According to a certified
lesson plan; and
(B) By a licensed
instructor, as follows:
1. An objective
designated to be taught only by a particular type of specialist instructor
shall be taught only by such specialist;
2. An objective designated to be taught only
by a particular type of specialist instructor with a valid, current third-party
or secondary license shall be taught only by such specialist; and
3. All other objectives may be taught either
by a generalist instructor or by a specialist instructor licensed for that
objective.
(4) No single instructor shall deliver more
than thirty percent (30%) of the total contact hours of a mandatory basic
training curriculum.
(5) A basic
training course may include supplemental training that is not part of the
mandatory basic training curriculum. A basic training center director may elect
to add supplemental training to any basic training course. Supplemental
training shall be consistent with generally accepted law enforcement practices,
shall not be contrary to public safety, and shall not be unreasonably dangerous
to the safety of trainees. Supplemental training may be taught by a licensed or
unlicensed instructor. Supplemental training shall not be certified by the
Director, but the Director may monitor supplemental training for compliance
with this rule.
(6) Trainees shall
be graded as follows:
(A) A trainee shall be
tested for mastery of each subject area in the appropriate mandatory
curriculum. A written or practical examination may test more than one (1)
subject area simultaneously.
1. Mastery of
firearms shall be tested by practical examination and scored on a numerical
scale from zero (0) to one hundred (100). Supplemental written examinations are
permitted, but the overall firearms score required for graduation pursuant to
paragraph (7)(C)4. of this rule shall be based solely upon the practical
examinations. The final grade of the firearms practical examination may, at the
discretion of the training center director, be recorded as a pass or
fail.
2. Mastery of defensive
tactics, physical fitness, driver training, and any other basic training
subject areas requiring a trainee to perform a demonstrative skill as
determined by the Peace Officers Standards and Training (POST) Commission shall
be tested by practical examination and may be graded on a numerical scale from
zero (0) to one hundred (100) or on a pass/fail basis. Supplemental written
examinations are permitted.
3.
Mastery of all other subject areas shall be tested by written or practical
examination and shall be graded on a numerical scale from zero (0) to one
hundred (100). Pass/fail grading is not permitted.
(B) A trainee who achieves less than seventy
percent (70%) on any written examination may, at the discretion of the training
center director, retake the examination one (1) time. The highest score that
may be awarded on a retake examination is seventy percent (70%), or if the
minimum passing score of the program of study being used is greater than
seventy percent (70%), that minimum passing score may be awarded.
(C) A trainee who achieves a failing score on
an objective graded on a pass/fail basis may, at the discretion of the training
center director, reattempt the objective one (1) time.
(D) A trainee who achieves less than seventy
percent (70%) on the firearms practical examination may, at the discretion of
the training center director, retake the practical examination one (1) time.
The highest score that may be awarded on a retake examination is seventy
percent (70%), or if the minimum passing score of the program of study being
used is greater than seventy percent (70%), that minimum passing score may be
awarded.
(E) The weighing of each
exam in calculating a trainee's overall score shall be determined by the
training center policy before the start of the training course.
(F) The determination to grade an objective
pass/fail shall be made before the start of the training course.
(G) The determination to allow a trainee to
retake a written or a practical examination, or the reattempt of an objective
graded on a pass/fail basis, shall be made before the start of the training
course and the same standard shall apply to all trainees.
(H) A trainee who fails any written
examination, or who fails to achieve a passing grade on an objective graded on
a pass/fail basis, or who fails to achieve a passing score on the firearms
practical examination, may be afforded an opportunity to complete remedial
training prior to retaking any written or practical examination. The training
center director shall inform the trainee prior to commencing any examination or
reexamination and it shall be clear to the trainee that all remedial training,
if offered, has concluded.
(7) To be eligible for graduation from a
basic training course, a trainee shall, at a minimum:
(A) Attend at least ninety-five percent (95%)
of the total contact hours of the mandatory basic training curriculum and make
up any missed hours in a manner that ensures that the trainee develops a
thorough understanding of the mandatory training objectives.
(B) Complete all graduation requirements,
including any makeup work, within twelve (12) months after the originally
scheduled graduation date for the course. There shall be no partial or
transferable credit for an incomplete course without prior approval of the
Director.
(C) Achieve:
1. A score of no less than seventy percent
(70%) on each written exam, unless a greater passing percentage is required by
the program of study being used;
2.
A final, overall score of no less than seventy percent (70%) for all written
exams, unless a greater passing percentage is required by the program of study
being used;
3. A passing score on
each objective graded pass or fail; and
4. An overall firearms score of no less than
seventy percent (70%), unless a greater passing percentage is required by the
program of study being used;
(D) Successfully complete any supplemental
training included in the course pursuant to section (5) of this
rule.
*Original authority: 590.030, RSMo 2001; 590.040, RSMo
2001, amended 2005, 2007; and 590.190, RSMo 2001, amended
2007.