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PA Bulletin, Doc. No. 96-958

PROPOSED RULEMAKING

MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION

[37 PA. CODE CHS. 201 AND 203]

Administration of the Training Program

[26 Pa.B. 2793]

   The Municipal Police Officers' Education and Training Commission (Commission) proposes to reserve Chapter 201 (relating to administration of the program) and to adopt Chapter 203 (relating to administration of the program) under the authority of section 5 of the act of June 18, 1974 (act) (P. L. 359, No. 120) (53 P. S. § 744 (15)), to read as set forth in Annex A.

Purpose

   The purpose of these proposed amendments is to implement mandatory recruit training for all police officers subject to the act, to provide certification procedures for those individuals who successfully complete the training, pass a State certification test and are employed by a political subdivision or certain colleges or are deputy sheriffs employed by the Allegheny County Sheriff's Office. The proposal also provides that certifications must be renewed every 2 years and mandates that an officer must complete at least 12 hours of in-service training yearly and maintain certification in first aid, CPR and weapons qualification. The proposal also sets physical, psychological and criminal standards for police officers and requires a job related certification test. Those officers that do not meet the standards are subject to decertification by the Commission.

Effect

   The proposal affects every police officer as that term is defined in section 2 of the act (53 P. S. § 741). All existing school certifications shall continue. All existing police office certifications shall continue until their expiration date. Those police officer certifications without an expiration date shall expire upon the effective date of these rules and regulations. All existing instructor certifications issued to instructors who have taught at a certified school during the 2 years preceding publication for adoption of the final rulemaking shall continue, all others shall expire upon the effective date of the final rulemaking.

Legal Issues

   There is a possible legal issue that has arisen in the development of these proposed amendments. The act provides that certification runs for 2 years. The proposed amendments provide, however, that if the officer fails to complete 12 hours of mandatory in-service training yearly and maintain certification in first aid, CPR and weapons qualifications his certification would be considered expired. The Commission would not revoke the certification of that officer, however, until the end of the 2-year period. An officer who fails to meet the standards as set forth in Chapter 203 could be decertified by the Commission.

Policy

   There is a policy issue concerning the impact of the proposed amendments on current officers. Officers will have to comply with mandatory in-service training, first aid, CPR and weapons qualifications yearly, or they may be decertified. Therefore, some officers who were grandfathered for basic training purposes will now have to comply with mandatory in-service training, first aid, CPR and weapons qualification requirements for the first time. Most police officers have been complying with these requirements on a nonmandatory basis since Act 180 of 1988 became law. Police officers will also be required to meet standards for physical and psychological fitness and with regard to criminal convictions, or face the possibility of being decertified.

Fiscal Impact

   The proposed amendments will have no additional fiscal impact on the Commonwealth.

   The costs to municipalities would be for transportation of officers to in-service training schools and in maintaining first aid, CPR and firearms qualifications and costs associated with paying overtime or salaries to officers attending the aforementioned. The proposed amendments do not, however, require political subdivisions to pay salaries to officers attending in-service training.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Commission submitted a copy of these proposed amendments on May 21, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Judiciary Committee and the Senate Law and Justice Committee. In addition to submitting these proposed amendments, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the agency in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.

   If IRRC has any objections to the proposed amendments, it will notify the Commission within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the amendments, by the Commission, the General Assembly and the Governor of objections raised.

Sunset Date

   The legislation under which the Commission was re-established has a sunset date of December 31, 1998.

Public Comment

   Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to the Commission within 30 days of the publication of this notice in the Pennsylvania Bulletin. All comments should be directed to:  Major Richard C. Mooney, Executive Director, Municipal Police Officers' Education and Training Commission, 75 East Derry Road, Hershey, PA 17033, who may be contacted at (717) 533-5987 for further information.

COLONEL PAUL J. EVANKO,   
Chairperson

   (Editor's Note:  The Commission is proposing to delete Chapter 201 as it currently appears in the Pennsylvania Code serial pps. (41063)--(41068), (26077), (26078), (83495)--(83498), (26083), (26084), (83499), (83500), (52570), (52511), (52596), (52597), (52634), (52635), (83501), (83502), (26087), (26088), (41071)--(41078), (52582)--(52591), (41081)--(41092), (110687) and (110688)) and replace it with Chapter 203 which appears in Annex A.)

   Fiscal Note:  17-55. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 37.  LAW

PART IV.  MUNICIPAL POLICE OFFICERS' EDUCATION
AND TRAINING COMMISSION

Subpart A.  MUNICIPAL POLICE OFFICERS TRAINING PROGRAM

CHAPTER 203.  ADMINISTRATION OF THE PROGRAM

Subch.

A.GENERAL
B.POLICE OFFICER CERTIFICATION REQUIREMENTS
C.SCHOOL REQUIREMENTS
D.COURSE REQUIREMENTS
E.INSTRUCTOR CERTIFICATIONS
F.REIMBURSEMENT OF EXPENSES
G.NOTICE AND HEARINGS

Subchapter A.  GENERAL

Sec.

203.1.Definitions.

§ 203.1.  Definitions.

   In addition to the definitions contained in the act, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

   Act--The act of June 18, 1974 (P. L. 359, No. 120) (53 P. S. §§ 740--749).

   Certification--The assignment of a certification number to a police officer after successful completion of a mandatory basic training course or receipt of a waiver of basic training from the Commission and successful completion of mandatory in-service training.

   Certified police officer--A police officer who is authorized to enforce 18 Pa.C.S. (relating to the Crimes Code) moving violations of 75 Pa.C.S. (relating to the Vehicle Code) and carry a firearm.

   Chairperson of the Commission--The Commissioner of the State Police.

   Commission--The Municipal Police Officers Education and Training Commission.

   Conviction--An adjudication of guilt including the imposition of a sentence.

   Disqualifying criminal offense--A criminal offense for which more than 1 year in prison can be imposed as punishment.

   Executive Director--The Commission elected head of staff responsible for administration. See section 5(10) of the act (53 P. S. § 744(10)).

   Program--The Municipal Police Officers' Education and Training Program.

   School--A training school or academy which provides a basic police training course. The term includes an organization which provides such a course within the functional organization of a police department or an educational entity within this Commonwealth which provides such a course at its base facility and at other locations approved by the Commission. Each separate geographical location is considered a school.

Subchapter B.  POLICE OFFICER CERTIFICATION REQUIREMENTS

Sec.

203.11.Qualifications.
203.12.Waiver of training.
203.13.Certification as a municipal police officer.
203.14.Revocation of certification.
203.15.Application packet submission.

§ 203.11.  Qualifications.

   Persons who are to be employed as police officers by police departments in this Commonwealth from _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal), shall meet the following requirements:

   (1)  Applicants shall be 18 years of age or older.

   (2)  Applicants shall possess a high school diploma or GED Equivalency.

   (3)  Applicants shall be citizens of the United States.

   (4)  Applicants shall be personally examined by a doctor of medicine licensed by the State Board of Medicine or a doctor of osteopathy licensed by the State Board of Osteopathic Medicine and found to meet the physical standards contained in this chapter. The examination shall include the following elements:

   (i)  Applicants shall be free from the addictive or excessive use of alcohol or drugs which shall be determined using current laboratory testing procedures.

   (ii)  Applicants shall be free from the use of illegal controlled substances which shall be determined using current laboratory, testing procedures.

   (iii)  Applicants physical condition shall be such that applicants could reasonably be expected to withstand significant cardiovascular stress.

   (iv)  Applicants shall be free from debilitating conditions such as tremor, incoordination, convulsion, fainting episodes or other neurological conditions which may affect the applicants' ability to perform as police officers.

   (v)  Applicants shall have visual acuity of at least 20/70, uncorrected in the stronger eye, correctable to at least 20/20; and at least 20/200, uncorrected in the weaker eye, correctable to at least 20/40. In addition, applicants shall have normal depth and color perception and be free of any other significant visual abnormality.

   (vi)  Applicants shall have audio acuity sufficient to distinguish a normal whisper at a distance of 15 feet. The test shall be independently conducted for each ear while the tested ear is facing away from the speaker and the other ear is firmly covered with the palm of the hand. The applicant may not use a hearing aid or other aid to perform the test. If the applicants fail this test, the applicant shall be required to take a decibel audio test and meet standards established by the Commission.

   (vii)  Applicants may not be missing any extremities, including appropriate digits, which would prevent performance of required police duties or meeting minimum training requirements.

   (viii)  Applicants shall be free from other significant physical defects or disorders which would, in the physician's opinion, impair the applicant's ability to perform the duties of a police officer or complete the required minimum training requirements.

   (5)  Applicants shall be personally examined by a psychologist who is licensed by the State Board of Psychology and found to be psychologically capable to exercise appropriate judgment or restraint to perform the duties of a police officer at the time of the examination. The examination shall include the following elements:

   (i)  Interview and history. The psychologist shall personally interview the applicant. The interview shall include a summary of the applicant's personal, educational, employment and criminal history.

   (ii)  Required psychological test. Applicants shall be administered any current standard form of the Minnesota Multiphasic Personality Inventory (MMPI) by a licensed psychologist or a paraprofessional employed by and under the direct control and supervision of a licensed psychologist.

   (iii)  Other testing methods. After initial testing, if the licensed psychologist is unable to certify the applicant's psychological capability to exercise appropriate judgment and restraint to perform the duties of a police officer including the handling of a lethal weapon, the psychologist shall employ whatever other psychological techniques are deemed necessary to form a professional opinion of the applicant's psychological ability. The use of these additional techniques requires a full and complete written explanation to the Commission.

   (6)  Applicants shall certify that they have not failed a physical examination or psychological evaluation conducted in conjunction with an application for police employment within the previous year.

   (7)  Applicants shall be subject to a thorough background investigation conducted by the applicant's employing police department. The investigation shall include the following:

   (i)  A criminal history check including the submission of fingerprints to the Central Repository for the Commonwealth and to the Federal Bureau of Investigation.

   (ii)  A check of the applicant's credit history.

   (iii)  Personal interviews conducted with at least 3 people that have personal knowledge of the applicant but are not related to the applicant.

   (iv)  Interviews of the applicant's employers for the past 5 years to determine the applicant's work history.

   (v)  A check of the applicant's driving record verifying that the applicant has a valid driver's license.

   (vi)  Other investigative techniques deemed appropriate by the applicant's employing police department which are consistent with law.

   (8)  Applicants shall successfully complete a basic police training course given at a Commission-certified school or obtain a waiver of training as enumerated in § 203.12 (relating to waiver of training).

   (i)  Successful completion of a basic police training course shall be determined by the training school, based upon Commission standards.

   (ii)  In order to qualify for this certificate, each applicant shall:

   (A)  Achieve a minimum qualifying firearms score of 75%.

   (B)  Receive certification for first aid and CPR from the American Red Cross, the Department of Health or the American Heart Association.

   (C)  Comply with Commission and school rules and regulations.

   (D)  Pass the same certification exam administered to those seeking waiver of training as set forth in § 203.12(4).

   (E)  Attend 100% of all classes.

   (I)  Excused absences shall be mutually agreed upon by the police officer's department head and school director. School directors shall determine excused absences for applicants not employed as police officers.

   (II)  Excused absences shall include personal illness or injury, illness in the immediate family requiring the applicant's attention or death in the immediate family.

   (F)  Complete the basic training course approved by the Commission with a minimum grade of 75% on each tested area of examination.

   (I)  Applicants not achieving the minimum grade in a tested area are permitted to take that tested area at another Commission-certified school. If the applicant fails to achieve the minimum grade on his second attempt, the applicant shall be required to successfully complete the entire basic police training course at a later time in order to qualify for certification.

   (II)  Applicants not achieving the minimum grade in two separate tested areas during one basic police training course shall be required to successfully complete the entire basic police training course at a later time in order to qualify for certification.

§ 203.12.  Waiver of training.

   Applications for certification for which waivers of training are requested shall be submitted by the applicant's employing police department. All applicants for a waiver of training shall satisfy the following requirements:

   (1)  Applicants for a waiver of training shall be employed as police officers.

   (2)  Applicants for a waiver of training shall satisfy one of the following requirements:

   (i)  Successfully completed a Pennsylvania basic police training course approved by the Commission.

   (ii)  Previously was a Commission-certified police officer.

   (iii)  Previously was employed as a full-time police officer in this Commonwealth before June 18, 1974, who was not required to obtain certification from the Commission, and worked as a full time police officer for at least 5 years.

   (iv)  Previously or currently employed as a full-time police officer of another state and met the certification standards of that state, as evidenced by documentation from the state agency responsible for establishing the standards.

   (3)  All applicants for waiver of training shall undergo proficiency testing in the following three areas. Documentary proof of each qualification shall accompany the waiver of training application.

   (i)  Firearms. Applicants shall qualify on a police firearms course conducted by a certified police firearms instructor with the weapon the applicant will use in the performance of his police duties. The Commission will publish the requirements for a police firearms course in the Commission Newsletter on an annual basis.

   (ii)  First aid/CPR. Applicants shall have valid certification in first aid and adult, child and infant CPR, from the American Red Cross, the American Heart Association, the Department of Health or other agency approved by the Department of Health.

   (iii)  Patrol vehicle operation. Applicants shall successfully pass the patrol vehicle operation test required in the basic police training course at a certified school or by a certified instructor.

   (4)  Applicants for a waiver of training shall take a certification examination administered by the Commission at a location and time designated by the Commission. The schedule for the examinations can be obtained by writing the Commission office.

   (i)  The examination will be comprised of sections which shall coincide with each major topic in the basic training curriculum, but shall exclude those topics which can be proficiency tested only. See paragraph (3).

   (ii)  The minimum passing score for each tested section shall be established by the Commission.

   (A)  Applicants for a waiver of training who do not achieve a passing score in any tested area shall take the basic police training course corresponding to the failed examination section at a school certified by the Commission, in order to be permitted to retake the certification examination.

   (B)  Applicants will not be certified without obtaining a passing score on the certification examination.

   (iii)  Examination results shall be valid for 2 years. For applicants obtaining a passing score, no further examinations will be administered within this period.

§ 203.13.  Certification as a municipal police officer.

   (a)  General.

   (1)  The Commission will supply written verification to the applicant's employing police department upon completion of the Commission's requirements for certification as a police officer.

   (2)  Verification shall be valid only in the department identified on the document provided. Upon termination of employment in a department, certification for that department shall be void and shall be returned to the Commission by the department.

   (3)  If the certification document has been lost or destroyed, a notarized statement shall be provided to the Commission concerning the certification.

   (b)  Initial certification.

   (1)  Initial certification is valid for 2 years from the date of issuance. The document provided by the Commission will contain the date of issuance and expiration in addition to a certification number for identification purposes.

   (2)  Upon receipt of certification a police officer is authorized to enforce 18 Pa.C.S. (relating to the Crimes Code) and moving violations of 75 Pa.C.S. (relating to Vehicle Code) and to carry a firearm.

   (c)  Renewal of certification.

   (1)  The Commission will issue a renewal certificate only to police officers who have satisfied the mandatory in-service training requirement set forth in § 203.52 (relating to mandatory in-service training courses). Mandatory in-service training schools shall provide written notice to the Commission of police officers who have successfully completed the mandatory in-service training course.

   (2)  Certification shall be renewed every 2 years.

   (3)  Renewal certification has the same force and effect as the initial certification.

§ 203.14.  Revocation of certification.

   (a)  The Commission maintains the right to revoke certification for one or more of the following:

   (1)  Failure to maintain employment as a police officer under the act.

   (2)  Failure to maintain first aid or CPR certification.

   (3)  Failure to qualify with firearms as specified in the Commission newsletter.

   (4)  Failure to successfully complete annual mandatory in-service training as specified in the Commission newsletter.

   (5)  Physical or psychological impairment which renders the officer permanently unable to perform his duties.

   (6)  Conviction for a disqualifying criminal offense.

   (7)  Submission to the Commission of any documents that contain known false information including fraudulent application.

   (8)  A certification issued in error.

   (9)  Cheating.

   (10)  Other just cause determined by the Commission.

   (b)  Under subsection (a)(1), (5) and (6), it shall be the responsibility of the head of the applicant's employing police department to provide written notice to the Commission of the following:

   (1)  An officer's termination of employment.

   (2)  An officer who has been determined to have a permanent physical or psychological condition which renders the officer unable to perform his duties.

   (3)  An officer's arrest for a disqualifying offense within 15 days from the date of arrest.

§ 203.15.  Application packet submission.

   (a)  General.

   (1)  Forms shall be original.

   (2)  Forms shall be typewritten.

   (3)  Signatures shall be original.

   (b)  Application packets. Application packets may be obtained by contacting the Commission at the Commission office. Each application packet shall include:

   (1)  One application form for certification. All questions shall be answered and appropriate sections completed.

   (2)  Two fingerprint cards--one State Police Applicant Fingerprint Card and one FBI Applicant Fingerprint Card.

   (i)  Only fingerprint cards obtained from the Commission can be submitted with the application for certification.

   (ii)  The fingerprints of the applicant shall be affixed on the fingerprint cards.

   (iii)  Both fingerprint cards shall contain the contributor number PAPSP0100. Criminal fingerprint cards or fingerprint cards not containing this contributor number will not be accepted.

   (3)  One physical examination form.

   (i)  Physical examinations shall be performed by a licensed physician or osteopath as described in § 203.11(4) (relating to qualifications).

   (ii)  The physical examination form shall be submitted regardless of the results of the examination.

   (iii)  At the discretion of the hiring authority, a physical examination conducted in conjunction with police employment may be valid for 6 months and may be used in support of any police employment application during that period. If a change in the applicant's physical condition invalidates the prior physical examination, a reexamination shall be necessary.

   (4)  One psychological evaluation form.

   (i)  Psychological evaluations shall be performed by a licensed psychologist as described in § 203.11(5).

   (ii)  The psychological evaluation form shall be submitted regardless of the results of the evaluation.

   (iii)  At the discretion of the hiring authority, a psychological evaluation specifically conducted in conjunction with police employment may be valid for 6 months and may be used in support of any police employment application during that period. If a change in the applicant's psychological condition invalidates the prior psychological evaluation, a reevaluation shall be necessary.

   (c)  Submission of packets. Application packets shall be submitted by the head of the applicant's employing police department when an officer must attend basic police training or when a waiver of training is requested.

Subchapter C.  SCHOOL REQUIREMENTS

Sec.

203.31.Eligibility for school certification.
203.32.Initial school certification procedure.
203.33.Minimum school standards and requirements.
203.34.School inspections.
203.35.Emergency suspension of school certification.
203.36.Revocation of school certification.

§ 203.31.  Eligibility for school certification.

   (a)  The Commission will promote the most efficient and economical program for police training by utilizing existing facilities, programs and qualified State, local and Federal police personnel.

   (1)  The Commission will determine the need for police training schools by:

   (i)  Considering the police population in the area.

   (ii)  Determining if there is adequate police training available to support the police population.

   (2)  The Commission will have the authority to revoke the certification of schools, either Statewide or regionally, when it determines that excess police training schools exist.

   (b)  Until the Commission determines that additional schools are required, only those schools in existence and Commission-certified on or before January 1, 1994, shall be eligible for Commission certification.

§ 203.32.  Initial school certification procedure.

   (a)  In the event the Commission determines there is a demonstrated need for additional schools and programs for police training, applications for initial school and training course certification will be accepted from all potential schools within limitations defined by the Commission.

   (b)  Schools applying for initial school and training course certification shall:

   (1)  File an application for approval with the Commission on a form supplied by the Commission, which shall be signed by the school's director.

   (2)  Meet the requirements contained in § 203.33 (relating to minimum school standards and requirements).

   (c)  Commission approval will be as follows:

   (1)  Upon receipt of an application, the Commission Chairperson will designate an inspection committee to inspect the facilities of eligible entities applying for certification. The inspection committee shall prepare a report indicating which entities meet the minimum Commission standards along with appropriate documentation, which shall subsequently be presented to the Commission for final review.

   (2)  The Commission will review the application and inspection reports of the committee and certify those schools which meet the minimum standards of the act and this chapter, and which promote the policy stated in § 203.31 (relating to eligibility for school certification).

   (d)  Certification of approved school and training course will be as follows:

   (1)  If the Commission determines that the application of the school and course complies with the requirements of the act and this chapter, the Executive Director, in the name of the Commission, will affix a certification number to the approved application and the corresponding approval. This certification number will have the prefix MPS, for municipal police school. The certification number shall be issued Statewide in numerical sequence, starting with 0001.

   (2)  If the Commission determines that the school does not meet the requirements of the act and this chapter, the Executive Director will notify the school by certified mail, return receipt requested, of the reasons upon which the adverse determination is based under Subchapter G (relating to notice and hearings).

   (3)  Notice of the Commission's determination will be issued within 120 days following receipt of the application, except in instances for cause shown.

§ 203.33.  Minimum school standards and requirements.

   (a)  Schools shall initially meet and subsequently maintain the following standards:

   (1)  Comply with all Federal, State or local statutes, ordinances, and rules and regulations pertaining to the statutes and ordinances.

   (2)  School buildings shall comply with public safety standards set forth in sections 1-14 of the act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. §§ 1221--1235), known as the Fire and Panic Act.

   (3)  A comfortable temperature shall be maintained in all classrooms.

   (4)  Ventilation shall assure a proper supply of fresh air and its circulation in all parts of the school. Provisions shall be made to prevent direct drafts on students and staff members.

   (5)  Noise control will be such that each student can hear all instruction.

   (6)  Smoking shall be prohibited in any training facility authorized, approved or funded by the Commission, except in Commission-approved outdoor smoking areas.

   (7)  Artificial lighting facilities shall provide an adequate light intensity in all rooms used for instructional purposes, dormitory or study facilities.

   (8)  The drinking water facilities shall conform to the requirements prescribed for these facilities by the governmental authority having jurisdiction.

   (9)  There shall be separate, properly ventilated toilet and lavatory facilities for males and females. There shall be a sufficient number of flush toilets for females and a sufficient number of urinals and flush toilets for males. Each toilet room shall have at least one lavatory.

   (10)  Provisions shall be made for separate men's and women's locker and shower facilities. A sufficient number of showers and lockers shall be available.

   (11)  The furniture, equipment and supplies of the school shall be of such type, quality and amount as to meet with the approval of the Commission.

   (12)  Sufficient space shall be available in the classrooms. Classrooms shall be a minimum physical size determined by the Commission.

   (13)  Dining facilities, cafeterias, kitchens, dormitory facilities and recreational facilities shall comply with the construction and maintenance requirements prescribed for these facilities by the governmental authority having jurisdiction.

   (14)  Each school shall have and use a suitable area adequate for conducting physical conditioning and defensive tactics in a safe manner. At a minimum, the facilities shall contain the following:

   (i)  An isokinetic weight machine.

   (ii)  A measured running course.

   (iii)  A sufficient number of batons to be utilized during that portion of training (minimum of 1 baton for every 2 students).

   (iv)  A sufficient number of handcuffs for handcuffing portion of training (minimum of 1 pair of handcuffs for every 2 students).

   (v)  A stopwatch or chronograph.

   (vi)  A sit and reach flexibility evaluation station.

   (vii)  Skinfold calipers or cloth tape to determine body fat.

   (viii)  Additional exercise equipment related to physical conditioning training which may include free weights, an exercycle, a rowing machine and boxing equipment.

   (ix)  Other equipment required by the curriculum.

   (15)  An approved type of outdoor firing range shall be available to the school and used for firearms training. The range does not have to be a part of the school facilities; however, it shall have at least ten firing points with a minimum firing distance of 50 yards. The range shall be within a reasonable traveling distance from the school. The range shall present no apparent danger to the public as determined by the Commission inspector.

   (i)  The school shall ensure that all weapons utilized in this portion of training are safe. A minimum of .38 caliber or .380 auto caliber with a capacity of at least 6 rounds of ammunition shall be required for firing.

   (ii)  No weapon may be utilized during the training program that is not normally carried by police officers while on duty. At the discretion of the firearms instructor, students working for departments that utilize ''exotic'' or ''unusual'' weapons shall utilize a more conventional weapon for training purposes. Upon the student's successful completion of the training program, the student's employing police department shall also qualify the student with the weapon prior to assuming duties as a police officer.

   (iii)  The school can refuse to allow the use of a weapon that the firearms instructor determines to be unsafe, inadequate or not appropriate for police training.

   (iv)  The school shall maintain adequate supplies of common ammunition utilized in law enforcement handguns, shotguns and rifles for training programs.

   (v)  Schools may not permit participation in firearms training that violates 18 Pa.C.S. Chapter 61, Subchapter A (relating to Pennsylvania Uniform Firearms Act).

   (vi)  The school may not utilize students in a training program to reclaim lead from impact areas at any police firearms course, nor may students be involved in any range construction projects whereby they may be exposed to lead or other toxic substances.

   (16)  A sufficient number of parking spaces shall be available to accommodate all students, staff and visitors of the school whether at the firing range, classroom facilities or physical fitness facilities.

   (17)  Insure the availability of all audio/visual equipment necessary to properly present the curriculum prepared by the Commission. The equipment shall, at a minimum, consist of:

   (i)  A 16 mm movie projector.

   (ii)  A 35 mm slide projector.

   (iii)  Overhead transparency projector or Opaque overhead projector.

   (iv)  Projection screens or other appropriate projection surface.

   (v)  A video cassette player.

   (vi)  Nineteen inch or larger color television monitors.

   (vii)  A chalk board or equivalent.

   (18)  Other standards deemed necessary by the Commission to conduct basic police training.

   (19)  Equipment, facilities, supplies, books, and the like, shall be maintained in a safe and proper working condition.

   (b)  In addition to subsection (a), schools shall comply with the following requirements:

   (1)  Conduct at least one basic police training course every year the school is certified.

   (2)  Submit a training calendar to the Commission containing dates and class size for each basic training course to be conducted during the fiscal year. The calendar shall be received by the Commission by June 1st of each year.

   (3)  Develop course outlines and update as changes occur.

   (4)  Prepare and update class schedules.

   (5)  Establish a records management system as needed for the Commission records which shall consist of class rosters, attendance, academic grades, firearms scores, student critiques of course content and a list of instructors.

   (6)  Develop rules and regulations, including discipline, for student conduct, school operation and instructor standards.

   (7)  Develop and update detailed written standards for application procedures, including a statement about the maximum enrollment the school can accommodate within the standards established by the Commission.

   (8)  Prepare a current list of tuition charges for students attending the basic training program.

   (9)  Utilize only certified instructors as described in Subchapter E (relating to instructor certifications).

   (i)  Prepare and update the roster of certified instructors and the areas of their certification.

   (ii)  Instructors may not teach more than 180 hours of any one Basic Police Training Course.

   (10)  Prepare lesson plans and course outlines for each area of the curriculum using the basic training manuals provided by the Commission as source material. Lesson plans and course outlines shall be accessible in the classrooms to Commission inspectors and official visitors.

   (11)  Provide to the Commission a copy of tentative weekly class schedules, including dates, times, locations, instructors, subjects, and the like, by the first day of a basic training program. Changes to the schedule provided shall be submitted to the Commission as necessary.

   (12)  Prepare tests and quizzes as required by the Commission.

   (13)  Obtain required textbooks, supplemental textbooks, movies, videos, overhead transparencies, and the like, that are listed as necessary in the curriculum prepared by the Commission.

   (14)  Prior to administering a written examination, instructors shall inform students taking the examination of the Commission cheating policy. See § 203.54 (relating to Commission cheating policy).

   (15)  Other requirements the Commission deems necessary to conduct basic police training.

   (c)  Upon completion of the basic police training course, the school shall submit a roster of all students, including grades and Social Security numbers, to the Commission within 5 working days of the date of course completion. Under 20 U.S.C.A. § 1232(g) (The Buckley Amendment), no personally identifiable information of a student may be disclosed by the school without the school first obtaining a written waiver from the student.

   (d)  A proposed change in the location of an approved school shall be reported to the Executive Director at least 30 days before the move.

   (1)  If a fire marshall or an inspector from the Department of Labor and Industry deems the new location satisfactory, the Executive Director may give tentative approval of the new location.

   (2)  After the new location has been visited by an inspection committee from the Commission, final approval for the move shall be voted upon by the Commission.

   (3)  If final approval is given for the new location, certification to conduct training at the previous location shall automatically be rescinded.

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