Title 503 | Chapter 003 | Regulation 130


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JUSTICE AND PUBLIC SAFETY CABINET
Department of Criminal Justice Training
(New Administrative Regulation)

503 KAR 3:130.Online Basic and In-Service Training.

Section 1.

Definitions.

(1)

"Asynchronous learning" means online instruction that allows students to access content or participate in learning, but does not require students and instructors to participate at the same time or in the same place.

(2)

"Blended learning" means a course of study that includes both traditional in person classroom instruction and synchronous learning or asynchronous learning.

(3)

"Online learning" means instruction that takes place through electronic technologies and media over the internet.

(4)

"Recruit" is defined by 503 KAR 3:005(9).

(5)

"Student" means a trainee or recruit as defined by 503 KAR 3:005.

(6)

"Synchronous learning" means online instruction that occurs between students and instructors at the same time, but not in the same place, using video technology.

(7)

"Trainee" is defined by 503 KAR 3:005(12).

Section 2.

Implementation.

(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) shall 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 offerings 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 shall be made available electronically and online to complete through remote learning;

(3)

The instruction provided by the Department of Criminal Justice Training under this section shall not be in the subject areas that require the demonstration of use of physical skill for the purposes of evaluating the participant's proficiency; and

(4)

The course offerings and instruction required to be provided under subsection (2) of this section shall be available throughout the entire calendar year and spread out over a reasonable period of time so as not to require attendance or participation for the entirety of a single work week.

Section 3.

Instruction Offered. Online and blended courses shall be identified annually through the department's Web site at https://www.docjt.ky.gov/ in the training area including through the registration system and course listings. The schedule of classes shall state whether a course is synchronous or asynchronous and identify any software and hardware requirements for participation in online class sessions.

Section 4.

Online Learning.

(1)

A student participating in online learning through the department shall:

(a)

Actively participate in class learning activities regardless of the delivery method;

(b)

Successfully complete and submit all assignments for the online learning event within the deadline set for the specific online training event including:

1.

Electronic documents;

2.

Discussion boards;

3.

Blogs;

4.

Polls;

5.

Group assignments; and

6.

Any other assigned work from the instructor.

(c)

Complete assignments, online lessons, and tests only in a location conducive to learning, free of distraction, that ensures the safety of the student.

(d)

Comply with all course requirements within the time required as described in the Kentucky Law Enforcement Council approved curriculum or schedule book on the department's Web site at https://www.docjt.ky.gov/ in the training area;

(e)

Have equipment that meets the minimum requirements for the course;

(f)

Have an approved internet browser as well as a stable internet connection and sufficient internet speed capable of meeting course requirements, including the ability to:

1.

Stream online video;

2.

Engage in web conferencing;

3.

Receive information and documents; and

4.

Use software programs required within the course; and

(g)

Test equipment that will be used for the online course pursuant to individual course requirements at least five (5) days prior to the start of the online training.

(2)

If a student is unable to meet technology requirements for the course or the student's testing indicates a problem for participation, the student shall contact the department at least five (5) days prior to the start of the online training to try to address the issue.

(3)

If a student is unable to correct the issue prior to the start of the course, the student shall be removed from the course roster and may reenroll in another course at a later time.

(4)

A student shall comply with 503 KAR Chapter 3.

Section 5.

Synchronous Learning.

(1)

A student shall be:

(a)

Viewed and able to be heard online by the instructor and other students; and

(b)

Present online with appropriate equipment pursuant to individual course requirements.

(2)

A student shall acknowledge as requested the student's attendance at all attendance checks during an online learning event.

Section 6.

Asynchronous Learning.

(1)

For asynchronous learning that is not performed on the department campus, a trainee shall be exempt from the:

(a)

Attendance requirement in 503 KAR 3:020 Section 5(8);

(b)

Grooming and uniform requirements in 503 KAR 3:020 Section 5(3); and

(c)

Tobacco products usage and consumption of food or drink prohibitions in 503 KAR 3:020 Section 5(10)(b).

(2)

For asynchronous learning that is not performed on the department campus, a recruit shall be exempt from the:

(a)

Attendance requirement in 503 KAR 3:010 Section 6(9);

(b)

Grooming and uniform requirements in 503 KAR 3:010 Section 6(3); and

(c)

Tobacco products usage and consumption of food or drink prohibitions in 503 KAR 3:010 Section 6(11)(c).503 KAR 3:130. Online Basic and In-Service Training

APPROVED BY AGENCY: August 9, 2022
FILED WITH LRC: August 18, 2022 at 9:30 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 30, 2022, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. November 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker, Staff Attorney Manager/ Assistant General Counsel
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes requirements for basic and annual in-service course instruction to be offered electronically and online through remote learning.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory requirements in KRS 15A.070 and allows for online training of law enforcement trainees and recruits.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.070(1) requires the Department of Criminal Justice Training to establish, supervise, and coordinate training programs and schools for law enforcement personnel. KRS 15A.070(5) authorizes the Department of Criminal Justice Training to promulgate administrative regulations.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation makes provision for online training of law enforcement trainees and recruits.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The filing is not an amendment.
(b) The necessity of the amendment to this administrative regulation:
The filing is not an amendment.
(c) How the amendment conforms to the content of the authorizing statutes:
The filing is not an amendment.
(d) How the amendment will assist in the effective administration of the statutes:
The filing is not an amendment.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 112 DOCJT employees, 8,159 law enforcement trainees, and 427 law enforcement agencies.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Agencies with staff taking online learning courses and classes will have to procure the following equipment if not already within their agency. Computer equipment capable of web-conferencing and video streaming. System: minimum speed of 1.5 Mbps; audio 48 kbps; application sharing from 70 kbps to 500 kbps; webcams and microphones are required while connecting to Blackboard. Current Hardware Requirements Operating System: Windows 10 or newer; Mac OS 10.14 Mojave or newer. Processor: 1 GHz or faster. RAM: 4 GB or higher. 20 GB of available hard-drive space. Screen resolution: 1280x1024 or higher .Reliable and capable internet connection (preferably wired) with download speed of at least 1.5 Mbps, 750 kbps upload. Software programs necessary to complete online class assignments Firewall modifications to allow for online course completion and allow for sending and receiving of documents from DOCJT’s online learning management system. In addition, agencies’ personnel will need functional and technical knowledge to allow them to take online learning events. This may require additional training for agency personnel.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Predicting estimated costs is largely unpredictable depending on whether an agency already possesses compatible equipment, infrastructure, and/or computer training. There are several cost factors that could be incurred to comply with the regulation. If figures are based on a full computer setup, the estimate for a computer setup is $1,200 to include the hardware as well as any necessary software, local IT support, and a printer.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Client travel costs associated with travel to Richmond or other training locations will be reduced (e.g., mileage, vehicle depreciation, per diems, lodging, etc.). In addition, this will allow agencies to have more options regarding scheduling their personnel for required training.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$521,100 (personnel cost and technology fee)
(b) On a continuing basis:
approximately $521,100 annually (personnel cost and technology fee)
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Kentucky Law Enforcement Foundation Program Fund (KLEFPF).
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no increase in fees. The regulation will require an additional $521,100 for DOCJT staff and technology resources. $212,400 for 2 additional staff members for online training who would not otherwise be needed, $231,600 for blackboard based upon the estimated cost of additional users, and $77,100 cost for classroom equipment and upgrades.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The administrative regulation does not establish any fee.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Department of Criminal Justice Training, cities, counties, city and county law enforcement agencies, state law enforcement agencies, state university police departments, school district police departments, and special law enforcement officers.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.070
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The regulation does not create any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The regulation does not create any revenue.
(c) How much will it cost to administer this program for the first year?
The statute and regulation will require an additional $521,100 for DOCJT staff and technology resources to implement the requirements set forth in 15A.070 and this administrative regulation. $212,400 for 2 additional staff members for online training who would not otherwise be needed, $231,600 for blackboard based upon the estimated cost of additional users, and $77,100 cost for classroom equipment and upgrades. This regulation will provide positive impacts on affected agencies by lowering travel costs associated with traveling to Richmond or other training locations (e.g., mileage, vehicle depreciation, per diem, lodging, etc.). It will also allow agencies to have more options regarding scheduling their personnel for required training. It will possibly require some agencies to incur increased costs to meet online course requirements to include equipment, hardware, and modifications to their agencies firewall configurations. However, online classes are only one option for statutorily required training. Agencies not wishing to incur the potential costs will have several other options to receive their required training that are in a traditional face-to-face class.
(d) How much will it cost to administer this program for subsequent years?
The statute and regulation will require an additional $521,100 for DOCJT staff and technology resources to implement the requirements set forth in 15A.070 and this administrative regulation. $212,400 for 2 additional staff members for online training who would not otherwise be needed, $231,600 for blackboard based upon the estimated cost of additional users, and $77,100 cost for classroom equipment and upgrades. See answer to (c).
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
For annual 40-hour in-service training, regulated entities who currently pay employees’ per diem and motel expenses for training, are estimated $380 per-person savings. However, this savings does not include the additional expenses of mileage and overtime travel costs that would be dependent on the length of travel for each entity. For basic training, regulated entities do not currently pay for per diem or motel expenses for recruits, so their savings for mileage and overtime travel costs are unable to be determined, as it will vary based on the length of travel for each entity.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Subsequent savings of the quantifiable in-service expenses will be accumulated per-person, per-year for each regulated entity, in addition to the unquantifiable expenses of mileage and overtime travel costs. Similarly, basic training savings per regulated entity are unable to be calculated because of the variable travel distance per client.
(c) How much will it cost the regulated entities for the first year?
In the initial year, regulated entities will be required to purchase laptop computers to include software and support for online training, estimated at $1,200 per computer setup. This will be required for both basic training and in-service training. The total cost to regulated entities is variable based on the size of the department.
(d) How much will it cost the regulated entities for subsequent years?
It is estimated that the lifespan of laptop computers purchased for online training will be approximately three years. Regulated entities should plan for the recurring cost of $1,200 per purchased computer setup every three years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] The change in the statute requiring online training and this administrative regulation together will cost the department over $500,000.

7-Year Expiration: 4/4/2030

Last Updated: 4/6/2023


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