4 Colo. Code Regs. § 901-1-21

Current through Register Vol. 47, No. 22, November 25, 2024

Rule 4 CCR 901-1-21 - Basic, Refresher and Reserve Training Academies

Effective November 15, 2023

a) General Academy Requirements.

(I) All aspects of an academy must be in compliance with POST Rules and Program requirements before academy approval will be considered.

(II) Only an academy that is approved by POST may provide training required for certified peace officer status; and

(III) Each scheduled academy class of an approved training academy must be approved prior to the start of instruction.

(IV) Effective January 1, 2024, each academy shall implement an anti-hazing policy, including anti-hazing training for all staff that have contact with academy recruits. Hazing, as defined in Rule 1, shall not be tolerated.

(A) Anti-hazing policies shall include a primary reporting mechanism to the academy and will make evident how to report hazing to POST, as a secondary option.

(B) There shall be no retaliation or punishment against individuals for making good faith reports of hazing.

(V) All academy training must be conducted in a safe manner.

(VI) Academies implementing pilot curriculum modules created or approved by POST are deemed to be in compliance with POST requirements for that curriculum module.

b) Continuing academies.

(I) A continuing academy is an approved Basic, Refresher or Reserve academy that conducts and completes at least one approved academy class every three (3) years and operates in compliance with these rules. Three (3) years is defined by the enrollment date of the last academy completed.

(II) If a continuing academy does not complete at least one approved academy class in any consecutive three (3) year period, approval of the academy shall expire. An expired academy must reapply for approval as a new academy and must be approved by POST prior to providing any academy instruction.

(III) Other than as referenced in the preceding paragraph (II), a continuing academy may remain approved unless its status is surrendered, suspended or revoked.

(IV) The academy director must ensure that the following items are submitted electronically to POST at the same time and are received by POST at least thirty (30) days, but no more than sixty (60) days, prior to the start of instruction for each scheduled academy class of the approved training academy:

(A) A completed POST Form 7, Application for Academy Approval;

(B) A completed "Scheduling Request for POST Exam" form (Basic and Refresher academies only); and

(C) A complete and accurate academy schedule with the following information clearly noted on the schedule:

1) Name of the academy and academy class number as listed on the POST Form 7, Application for Academy Approval; and

2) All courses, dates and times in chronological order for each course, major exams and the name of the primary instructor for each course;

3) All dates and times when arrest control drill training, night driving and dim light shooting will be instructed;

4) For arrest control and firearms training, if the schedule shows more than eight (8) hours of instruction in any one day, then the schedule must denote lab or lecture hours, as appropriate; and

5) If multiple courses are listed within the same block of time on the schedule, then either the schedule itself or accompanying documents must specify the amount of time that will be instructed for each course.

6) All courses required by the basic academic training program must be scheduled and completed prior to administration of the POST certification examination.

(V) The academy director shall ensure that an accurate and complete enrollment roster for each academy class, along with the required enrollment documents, are received at POST electronically by the day after the academy commences. The enrollment roster will be completed on the template provided by POST to the academy director. See the enrollment checklist and POST Rule 14, Fingerprint-Based Criminal History Record Check.

(VI) The academy director shall notify POST prior to the occurrence of any change of the academy's approved schedule, to include cancellation of the academy, as submitted to POST on the Form 7, Application for Academy Approval.

(VII) All academies not based at a law enforcement agency shall establish an advisory committee that consists of law enforcement officials, administrators and community members to assist with providing logistical support and validation of training.

(VIII) Existing academies must petition the POST Board every five (5) years to renew their authority to operate a law enforcement training academy.

c) New academies.

(I) A new academy is either a Basic, Refresher or Reserve academy that has never conducted approved training, or a Basic, Refresher or Reserve academy that has not conducted approved training within the previous three (3) years.

(II) Entities interested in creating a new POST Approved Law Enforcement Training Academy must receive approval from the POST Board prior to application. The entity must present a feasibility study to demonstrate the academy could be successful, demonstrate the need for a new academy, as well as mitigation of workload on POST staff and SME's.

(III) The academy director of a proposed new academy shall contact POST at least twelve (12) months prior to the anticipated start date of the new academy to ascertain application procedures and deadlines for submitting documents for new academy approval.

(IV) The following types of academies are considered separate academies that must be individually approved:

(A) Basic, Refresher and Reserve academies even if operated by the same agency, organization, or academic institution.

(B) Academies located either on a satellite campus, or at a different physical location than the primary academy.

(V) The proposed formal name of an academy must neither misrepresent the status of the academy, nor mislead law enforcement or the public.

(VI) Required documentation that must be submitted for new academy approval includes, but is not limited to, a video in a digital media format approved by POST of all proposed sites where academic instruction and skills training will take place, site safety plans, lesson plans for all academic courses and all skills training programs for the Basic, Refresher or Reserve Academic Training Program, resumes for all academic instructors, and documentation of qualifications for all skills instructors.

(VII) The official approval process begins once a proposed new academy's initial application and feasibility study is approved by the POST board. The proposed new academy shall have a maximum of eighteen (18) months to complete the new academy approval process, including approval of all site safety plans, lesson plans, and other associated documents.

(VIII) The director of a proposed new academy shall also ensure that the documents required to be submitted by continuing academies, as listed in paragraph (b)(IV) of this Rule, are received at POST at least thirty (30) days, but no more than sixty (60) days, prior to the start of instruction.

(IX) Prior to approval, the proposed new academy must pass an on-site pre- approval inspection conducted by the Director or the Director's designated representative(s).

d) Training sites, site safety plans and equipment.

(I) An academy shall have the following training sites and facilities:

(A) For academics: A classroom with adequate heating, cooling, ventilation, lighting, acoustics and space, reasonable access to restroom facilities and a sufficient number of desks or tables and chairs in the classroom for each trainee;

(B) For firearms: A firing range with adequate backstop and berms to ensure the safety of all persons at or near the range, and some type of visual notification (range flag, signs, lights, or other) whenever the range is being utilized for live fire;

(C) For driving: A safe driving track for conducting law enforcement driving;

(D) For arrest control: An indoor site for instructing arrest control training with sufficient space and mats to ensure trainee safety;

(E) For practical exercises and wellness training: Appropriate and safe locations for conducting all practical exercises and wellness lab training;

(F) Where practicable, all training sites should be clearly marked denoting that law enforcement training is in progress; and

(G) Online/remote training is not allowed without expressed written permission from POST.

(II) Approval of training sites.

(A) All new training sites for academic classroom instruction and skills training must be approved by POST in consultation with the appropriate subject matter expert committee prior to conducting any training at the site.

(B) Each academy is responsible for obtaining approval for all of its training sites of academic instruction and skills training.

(C) Academy directors shall ensure that all sites for practical exercises and wellness lab training are safe and that appropriate training can be accomplished at the site to achieve the course objectives or performance outcomes.

(D) Presumed approval or use of a specific site by one academy does not extend to automatic approval of the site for use by other academies.

(E) If an approved site is not utilized during any consecutive three (3) year period by any academy for the type of training for which the site was initially approved, then site approval expires. In order to resume training at an expired site, the site must be resubmitted for approval and approved.

(F) The following items must be submitted to POST in order for approval of a new or expired training site to be considered:

1) Video in a digital media format approved by POST that accurately depicts the site where instruction is to take place;

2) A detailed description of the site must be included, either as verbal narrative on the video or as a written supplement; and

3) An up-to-date written site safety plan.

(G) If an approved site has been in continuous use by at least one approved academy for at least the previous three (3) consecutive years and an additional academy seeks approval of the same site:

1) The director of the additional academy may submit a written request to POST that includes the location and/or description of the site, in lieu of the video; and

2) An up-to-date written site safety plan must be submitted to POST that is specific to the site and to the additional academy; and

3) Both the site and the safety plan must be approved by POST in consultation with the appropriate subject matter expert committee prior to conducting any training at the site.

(H) Academy Directors have discretion to utilize other classroom facilities as necessary for academic programs, provided those facilities are appropriate, safe and adhere substantially to the statements set forth in this part (d). This section is intended to allow such use of other facilities due to a facility emergency or for unique situations where a primary facility is not available or it is not desirable for the intended academic class.

1) In such cases where a primary classroom facility is rendered unusable for a period reasonably anticipated to exceed 21 continuous days, the Academy Director shall notify POST and submit an alternative training site plan for approval.

(III) Site safety plans.

(A) Each site of skills training and academic or classroom instruction must have an up-to-date and approved written site safety plan posted on site during any academy training at the site, or issued to, and present on the person of, each recruit and instructor.

(B) Copies of all site safety plans must also be on file at the academy at all times.

(C) Each site safety plan shall include procedures for managing medical emergencies, injuries, or accidents that are probable or likely to occur at the site.

(D) All site safety plans must include the information contained in POST Rule 21 (h), Duty to Report.

(E) All academy staff members, instructors and trainees shall be familiar with the content of each site safety plan as it pertains to the nature and scope of their involvement with the academy.

(IV) Equipment.

(A) An academy shall have and maintain the necessary equipment and instructional aids in sufficient quantities for conducting all aspects of the required academy training program; and

(B) All training sites and facilities, equipment, books, supplies, materials and the like shall be updated and maintained in good condition.

(C) The following items shall be present at each training site during any academy training at the site:

1) An effective means of summoning emergency medical assistance; and

2) A first aid kit that contains appropriate supplies to treat medical emergencies or injuries that are likely to be sustained at the site.

e) Academy directors.

(I) Qualifications. Each academy shall designate an on-site academy director whose qualifications, based upon education, experience and training, demonstrate his or her ability to properly manage the academy.

(II) Compliance. The academy director shall ensure that the academy operates in compliance with all POST Rules.

(III) Records. The academy director shall be responsible for establishing and maintaining a records management system that includes, but is not limited to, enrollment rosters, POST Form 11-E's, trainee files, trainee manuals, attendance records, lesson plans, source material, instructor files, instructor/course evaluations and site safety plans.

(IV) Change of director. The academy director or authorized representative of an academy shall notify POST as soon as practicable of any change of academy director or any change of the academy director's electronic mailing address.

f) Curriculum requirements.

(I) Academic standards.

(A) All training academies shall meet or exceed the required course content and minimum number of hours for each academic course of instruction and for each of the skills programs as required by the Basic, Refresher or Reserve Academic Training Programs.

(B) Successful completion required.

1) Trainees must successfully complete the Basic, Refresher or Reserve Academic Training Programs with a minimum score of seventy percent (70%); and

2) Trainees must successfully complete all skills training as required by the Arrest Control Training Program, Law Enforcement Driving Program and Firearms Training Program.

3) If an academy applies a higher standard than what is required by the preceding paragraphs (1) and (2), the higher standard must be described in the Trainee Manual and in the respective skills lesson plans or course materials, as applicable.

(II) Attendance.

(A) Skills training. For all hours of all skills training programs, 100 percent attendance and participation are required.

1) Skills training classes missed due to circumstances beyond the student's control shall be completed in person and before the end of the academy session.

(B) Academic training. For all hours of academic training, 100 percent attendance and participation are required.

1) Academic classes missed due to circumstances beyond the student's control may be made up in a virtual format. These virtual make up courses may not exceed ten percent of the academy session's total hours and must be completed before the end of the academy session.

(C) Written attendance records are required.

1) For trainees: Written daily attendance records that are accurate and up to date shall be kept for all trainees enrolled in all academic classes and all skills training programs.

2) For instructors: Written attendance records that are accurate and up to date shall be kept for all instructors who teach any portion of a training program.

3) For skills training, the format of the attendance records must clearly substantiate that the minimum ratios required by Rule 24, Skills Training Safety and Skills Program Requirements for Basic, Refresher and Reserve Academies, have been met.

(III) Lesson plans.

(A) All Basic, Refresher and Reserve training academies shall develop and maintain up-to-date lesson plans for each academic course of instruction and for each of the skills training programs.

(B) Academic lesson plans shall be organized and readily accessible and may be maintained either electronically or as physical copies.

(C) Each academic and skills lesson plan must include at least the following information, as applicable:

1) Course title as specified in the POST Academic Training Program (Basic, Refresher or Reserve) or the POST skills training program; and

2) Date the lesson plan was prepared and date of last revision, if applicable; and

3) Name and title of author of lesson plan and name and title of the person who approved the lesson plan; and

4) Number of hours for the course required by the POST Academic Training Program and the number of actual course hours that will be instructed; and

5) Learning goals, course objectives and/or performance outcomes for the course as specified in the POST academic training program (basic, refresher or reserve) or the POST skills training programs. Additional outcomes may be added as long as such outcomes are supported in the content and are consistent with generally accepted academic practices. Any additional learning goals, course objectives, and/or performance outcomes must not conflict with those listed in the applicable POST basic training or skills training programs; and

6) Methods of instruction; and

7) A copy of the handouts, multimedia and/or PowerPoint presentations referenced in the lesson plan that will be used during the instruction; and

8) A list of all source materials used to develop the course, including internet links. In matters of law, primary authority, such as case law, regulations and statutes, shall provide the foundation for source material used in the lesson plan along with any additional secondary authority, i.e., articles and other references, subject to that primary authority; and

9) Testing and/or assessment methods, such as test questions and answers, performance rubrics, or other assessment tools, that are appropriate to measure the learning goal, performance outcomes and/or objectives; and

10) Safety plan control measures specific to any practical exercise, role-play, scenario or other reality-based classroom and outside the classroom; and

11) Comprehensive content information that must be delivered to teach the subject matter to a level of proficiency that allows the student to perform the tasks on the job and that satisfies the required course objectives.

a) The required material can reasonably be taught given the time constraints using appropriate instructional methodologies.

b) Written content must be supported by currently accepted laws, policies, rules, regulations, and generally accepted law enforcement practices if challenged.

(D) All lesson plans must be written to ensure consistency between instructors and between all sessions of the academy over time. Content must be sufficient in scope and specificity to allow an instructor who did not author the lesson plan or develop the supporting materials to effectively teach the course.

(E) The curriculum SME committee may create guidelines to clarify expectations from time to time. These guidelines must be published on the POST website.

(F) Skills lesson plans must additionally include the program- specific documentation referenced within the applicable POST skills training program.

(IV) Daily schedules.

(A) For all skills training programs, daily schedules are required that contain the information referenced in each of the skills training programs, as referenced in Rule 21(b)(IV)(C).

(B) Daily schedules will be submitted on the form provided by POST.

(V) Source material.

(A) For source material identified as required source material in the current POST Curriculum Bibliography, at least one (1) copy of each of the publications or sources must be maintained at the place of academic instruction. For those sources that are referenced with a website address, providing the trainees with readily available Internet access is acceptable in lieu of maintaining at least one (1) copy of each of the publications or sources.

(VI) Academy examinations.

(A) All academies shall administer written, oral or practical examinations periodically during each academy in order to measure the attainment of course objectives or performance outcomes as specified in the Basic, Refresher or Reserve Academic Training Programs.

(B) The academy director shall prescribe the manner, method of administration, frequency and length of academy examinations.

(C) For academic courses, the time allotted for examinations shall be in addition to the number of Required Minimum Hours for each course as specified in the Basic, Refresher or Reserve Academic Training Programs.

(D) For skills training programs, the time allotted for examinations or testing is included within the total program hours of each program.

(VII) Academy and skills programs certificates of completion.

(A) The academy director shall immediately issue certificates of completion to each trainee who successfully completes all requirements of the approved academy. A certificate of completion shall be issued for each skills program and the overall academy.

(B) Only a trainee who has attended and successfully completed a skills program shall be issued a certificate of completion for that skill. A trainee who has attended all academic classes and all required skills training programs shall be issued an academy certificate of completion.

(C) Each certificate of completion shall contain the following information:

1) Trainee's name; and

2) Name of the approved academy; and

3) Type of skills program or academy (Basic, Refresher or reserve); and

4) Date of skills program or academy completion (month, day, year); and

5) Total number of hours of the completed skills program or academy; and

6) Signature of the academy director and/or agency or academic representative; and

7) Reserve academy certificates of completion shall additionally state whether the total number of academy hours does or does not include the approved law enforcement driving program.

g) Instructors

(I) Minimum qualifications.

(A) Academic instructors shall possess the requisite education, experience and/or training necessary, as determined by the academy director, to competently instruct specific academic courses or blocks of instruction.

(B) Skills instructors shall meet the minimum qualifications as described in Rule 23, Academy Skills Instructors.

(II) Instructor files.

(A) A file (electronic or hard copy) shall be maintained for each instructor who teaches any portion of an academic class or skills training class.

1) For academic instructors, the file must contain a current resume and/or other documentation that substantiates the instructor's qualifications.

2) For skills instructors, the file must contain copies of the relevant certificates of completion referenced in Rule 23, Academy Skills Instructors, and/or a copy of the applicable skills instructor approval letter issued by POST.

(B) The academy shall maintain current contact information for each instructor.

(C) Exception. Licensed attorneys from the same office or firm may be included in one instructor file, as long as the file contains the names of all attorneys from that office or firm who provide instruction at the academy.

(III) Instructor/course evaluations.

(A) Trainees shall complete written evaluations for each instructor and/or course of instruction for all academic courses and skills training programs of the approved academy.

(B) Either the POST Form 10, Instructor/Course Evaluation, or comparable academy forms and/or documents may be used for this purpose.

(C) The academy director shall determine the most meaningful format and method of administration of the instructor/course evaluations in order to monitor instructor quality and course content and to meet the needs of the individual academy.

h) Duty to report.

(I) In addition to any notifications that may be required administratively or under federal, state or local law, it shall be the duty of every academy director or the academy director's designee to report the following events to POST immediately or as soon as practicable after the event, in a manner designated by POST:

(A) Any death, gunshot wound, serious bodily injury, diagnosed concussion, or any injury which caused a recruit's departure from the academy that was either caused by, or may have been caused by, any training or activity associated with the academy; or

(B) Any bodily injury that occurs to any person who is not affiliated with the academy, i.e., an innocent bystander, whose bodily injury was either caused by, or may have been caused by, any training or activity associated with the academy.

(C) Academies are encouraged to report any other injuries in order to allow POST to track injury trends statewide in an effort to ensure safe training environments.

(II) Training to cease.

(A) In the event of any death or gunshot wound as described in paragraph (h) (I)(A) of this section, all training shall immediately cease at the training site where the death or gunshot wound occurred.

(B) Training may resume only after the Board or its designated representative(s) have ensured that the program is operating in compliance with POST Rules.

(III) Serious bodily injury means those injuries as defined in § 18-1- 901(3) (p), C.R.S.

(IV) Bodily injury means those injuries as defined in § 18-1-901(3)(c), C.R.S.

(V) All instructors shall be familiar with the information contained in this Section (h) as it pertains to the nature and scope of their involvement with the academy.

i) Academy records requirements.

(I) Trainee files. During the academy, a file shall be maintained for each trainee or a systematic filing system must exist that contains at least the following records:

(A) Trainee's full legal name and date of birth; and

(B) Photocopy of the trainee's high school diploma, high school equivalency certificate or other evidence of successful completion of high school; and

(C) Photocopy of the trainee's valid driver's license; and

(D) Form 11-E, Enrollment Advisory Form; and

(E) Current contact information; and

(F) Signed and dated acknowledgment of privacy and appeal rights forms.

(II) Trainee manual.

(A) Each academy shall maintain an up-to-date trainee manual that contains relevant and accurate information. At a minimum, the trainee manual shall contain the academy's rules and regulations, academic requirements, attendance policies and site safety plans.

(B) Upon entry into the academy, each trainee should be issued a copy of the trainee manual and acknowledge receipt of the manual in writing.

(III) The following records shall be maintained at the academy and shall be readily available for inspection at any reasonable time by the Board or its designated representative(s).

(A) A completed Form 11-E, Enrollment Advisory Form, for each trainee enrolled in the academy in progress; and

(B) Current trainee manual; and

(C) Current lesson plans; and

(D) Current source material; and

(E) Instructor files for current instructors; and

(F) Copies of all site safety plans; and

(G) Trainee files; and

(H) Tests, including a record of written test results and copies of associated rubrics; and

(I) Attendance records; and

(J) Instructor/course evaluations.

(IV) Academy records must be retained for at least the three (3) year period as referenced in the Uniform Records Retention Act, § 6-17-101, et seq., C.R.S.

4 CCR 901-1-21

37 CR 24, December 25, 2014, effective 1/14/2015

39 CR 01, January 10, 2016, effective 1/31/2016

40 CR 08, April 25, 2017, effective 7/1/2017

41 CR 07, April 10, 2018, effective 4/30/2018

42 CR 01, January 10, 2019, effective 1/30/2019

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 20, October 25, 2020, effective 11/15/2020

44 CR 01, January 10, 2021, effective 1/30/2021

44 CR 08, April 25, 2021, effective 5/15/2021

44 CR 20, October 25, 2021, effective 11/15/2021

45 CR 01, January 10, 2022, effective 1/30/2022

45 CR 07, April 10, 2022, effective 5/15/2022

45 CR 19, October 10, 2022, effective 11/1/2022

46 CR 01, January 10, 2023, effective 1/30/2023

46 CR 19, October 10, 2023, effective 11/15/2023