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.
203.37. Minimum standards for school directors.§ 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. The Commission will determine the need for police training schools by:
(1) Considering the police population in the area.
(2) Determining if there is adequate police training available to support the police population.
(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.
Cross References This section cited in 37 Pa. Code § 203.32 (relating to initial school certification procedure).
§ 203.32. Initial school certification procedure.
(a) If 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.
(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 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 those eligible entities applying for certification. The inspection committee shall prepare a report indicating which entities meet the minimum Commission standards. The report, along with all appropriate documentation, shall 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 subchapter, and which promote the policy 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 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 will 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). The school may request a hearing regarding the determination in accordance with Subchapter G.
§ 203.33. Minimum school standards and requirements.
(a) Schools shall initially meet and subsequently main-tain the following standards:
(1) Comply with applicable Federal, State or local statutes, and rules and regulations pertaining to the statutes and ordinances.
(2) Have a school director who meets the standards in § 203.37 (relating to minimum standards for school directors).
(3) School buildings shall comply with public safety standards 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.
(4) A comfortable temperature and proper ventilation shall be maintained in all classrooms.
(5) Noise shall be controlled so 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 the 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 mens’ and womens’ locker and shower facilities.
(11) The furniture, equipment and supplies of the school shall be of a type, quality and amount to meet with the approval of the Commission.
(12) Sufficient space shall be available in the classrooms.
(13) Dining facilities, cafeterias, kitchens, dormitory facilities and recreational facilities shall comply with the construction and maintenance requirements prescribed for the 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 minimum of 1 baton for every 2 students.
(iv) A 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 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, but shall be within a reasonable traveling distance from the school. The range shall be able to accommodate the requirements of the firearms training curriculum. The range shall present no apparent danger to the public as determined by the Commission inspector.
(i) The school shall ensure that 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) A weapon may not 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 the students, staff and visitors of the school whether at the firing range, classroom facilities or physical fitness facilities.
(17) Audio/visual equipment shall be available to present the curriculum prepared by the Commission. The equipment shall include:
(i) A 16 mm movie projector.
(ii) A 35 mm slide projector.
(iii) Overhead transparency projector or Opaque overhead projector.
(iv) Projection screens or another appropriate projection surface.
(v) A video cassette player.
(vi) Nineteen inch or larger color television monitors.
(vii) A chalk board or equivalent.
(18) 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 3 years 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, 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 all students attending the basic training program.
(9) Utilize only certified instructors as described in Subchapter E (relating to instructor certifications).
(10) Prepare and update the roster of certified instructors and the areas of their certification.
(11) Prohibit instructors from teaching more than 180 hours of any one Basic Police Training Course.
(12) 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.
(13) 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.
(14) Comply with testing procedures prescribed by the Commission. The Commission will publish a notice in the Pennsylvania Bulletin and in the Commission newsletter of the testing procedures and whenever they change.
(15) Obtain the required textbooks, supplemental textbooks, movies, videos, overhead transparencies, and the like, that are listed as necessary in the curriculum prepared by the Commission.
(16) Have instructors inform students taking the examination of the Commission cheating policy, prior to administering a written examination. See § 203.54 (relating to Commission cheating policy).
(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), personally identifiable information of a student may not 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 will automatically be rescinded.
Authority The provisions of this § 203.33 amended under 53 Pa.C.S. § 2164(1), (8) and (14).
Source The provisions of this § 203.33 amended October 12, 2001, effective October 13, 2001, 31 Pa.B. 5706; amended December 12, 2003, effective December 13, 2003, 33 Pa.B. 6046; amended September 22, 2006, effective September 23, 2006, 36 Pa.B. 5871. Immediately preceding text appears at serial pages (223390) and (301377) to (301379).
Cross References This section cited in 37 Pa. Code § 203.32 (relating to initial school certification procedure); and 37 Pa. Code § 203.304 (relating to school inspections).
§ 203.34. School inspections.
(a) Frequency of inspections.
(1) An initial inspection will be made of all schools that have applied for certification to conduct basic police training.
(2) The Commission’s inspectors will visit and inspect each approved school at least once a year.
(3) Schools shall meet the minimum school standards in § 203.33 (relating to minimum school standards and requirements).
(b) Commission inspectors. For the purpose of school inspections, the following constitutes a Commission inspector:
(1) Any Commission member.
(2) A full time staff employe so designated by the Executive Director.
(3) Other contractual personnel employed by the Commission to conduct school inspections.
§ 203.35. Emergency suspension of school certification.
If a Commission inspector determines that one or more of the following conditions exist at a school, the Executive Director, on behalf of the Commission, may immediately suspend the school’s certification:
(1) The condition presents a clear and present danger to the public, students or staff of the school.
(2) The condition would cause the students not to receive training required by the act and this part.
(3) The school director does not meet the requirements in § 203.37 (relating to minimum standards for school directors).
(4) An instructor is subject to revocation under § 203.73 (relating to revocation of instructor certification).
Authority The provisions of this § 203.35 amended under 53 Pa.C.S. 2164(1), (8) and (14).
Source The provisions of this § 203.35 amended September 22, 2006, effective September 23, 2006, 36 Pa.B. 5871. Immediately preceding text appears at serial page (301380).
Cross References This section cited in 37 Pa. Code § 203.36 (relating to revocation of school certification).
§ 203.36. Revocation of school certification.
The Commission may, after notice and hearings in compliance with Subchapter G (relating to notice and hearings), revoke the certification of a school for one of the following reasons:
(1) Failure to comply with the minimum school standards in this chapter.
(2) Submission of a known false or fraudulent document or allowing the submission of known false or fraudulent documents to the Commission.
(3) Subcontracting of police training to another noncertified entity.
(4) Failure to take corrective action after suspension under § 203.35 (relating to emergency suspension of school certification).
(5) Failure to conduct one basic police training course every 3 years the school is certified.
(6) The school does not have a school director who meets the standards in § 203.37 (relating to minimum standards for school directors).
Authority The provisions of this § 203.36 amended under 53 Pa.C.S. Chapter 21, Subchapter D.
Source The provisions of this § 203.36 amended October 12, 2001, effective October 13, 2001, 31 Pa.B. 5706; amended September 22, 2006, effective September 23, 2006, 36 Pa.B. 5871. Immediately preceding text appears at serial page (301380).
§ 203.37. Minimum standards for school directors.
(a) After September 23, 2006, school directors shall meet the minimum standards set forth in this section.
(b) School directors approved by the Commission shall demonstrate compliance with at least one standard set forth in paragraph (1) and at least one standard set forth in paragraph (2).
(1) School directors shall satisfy one of the following requirements:
(i) Possess an associate’s or higher degree in criminal justice, public administration, education or related field.
(ii) Be a graduate of one of the following:
(A) The Federal Bureau of Investigation National Academy.
(B) The Southern Police Institute Administrative Officers Course.
(C) The Law Enforcement Instructor Training Course of the Federal Law Enforcement Training Center.
(D) The Northwestern University Staff and Command School.
(E) Other law enforcement training program approved by the Commission.
(2) School directors shall satisfy one of the following minimum professional experience requirements:
(i) Ten years in law enforcement, including 5 years at an administrative level.
(ii) Fifteen years increasingly responsible full-time experience as a Federal, State or municipal police officer with general police powers.
(c) School directors shall be free of convictions for a disqualifying criminal offense.
(d) School directors shall possess at least 2 years experience as a police or adult education instructor.
Authority The provisions of this § 203.37 issued under 53 Pa.C.S. § 2164(1), (8) and (14).
Source The provisions of this § 203.37 adopted September 22, 2006, effective September 23, 2006, 36 Pa.B. 5871.
Cross References This section cited in 37 Pa. Code § 203.33 (relating to minimum school standards and requirements); 37 Pa. Code § 203.35 (relating to emergency suspension of school certification); 37 Pa. Code § 203.36 (relating to revocation of school certification).
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