KRS 15A.070: Duties and powers of Department of Criminal Justice Training -- Course

instruction -- Administrative regulations -- Qualification as independent study.

(1) The Department of Criminal Justice Training shall:

(a) Establish, supervise, and coo rdinate training programs and schools for law

enforcement personnel, subject to the limitations of KRS 15.440(1)(d) and (e)

and 15.560, and any other justice or nonlaw -enforcement-related personnel as

prescribed by the secretary; and

(b) Promulgate an admi nistrative regulation pursuant to KRS Chapter 13A by

September 1, 2022, to establish procedures and participation requirements for

basic training and annual in -service course instruction to be offered

electronically and online through remote learning. The administrative

regulation shall include the following provisions:

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) 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 instruction 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 be made available

electronically and online to complete through remote learning;

3. The instruction provided by the Department of Criminal Justice Training

under this paragraph shall not be in subject areas that require the

demonstration or use of physical skill for the purposes of evaluating the

participant's proficiency;

4. The course offerings and instruction required to be provided under

subparagraph 2. of this par agraph be available throughout the entire

calendar year and spread over a reasonable period of time so as not to

require attendance or participation for the entirety of a single work

week; and

5. Any other reasonable procedures and rules to ensure the atte ndance,

active participation, and successful mastery of the subject matters

presented in the courses it provides electronically and online through

remote learning under this paragraph are established.

(2) The Department of Criminal Justice Training shall m ake a continuing study of law

enforcement training standards and upon request may furnish information relating

to standards for recruitment, employment, promotion, organization, management,

and operation of any law enforcement agency in Kentucky.

(3) The Department of Criminal Justice Training shall conduct continuing research on

criminal law and criminal justice subjects related to law enforcement training.

(4) The Department of Criminal Justice Training may by administrative regulation

provide for adminis trative hearings to be conducted in accordance with KRS

Chapter 13B.

(5) The commissioner of the Department of Criminal Justice Training may promulgate

administrative regulations in accordance with KRS Chapter 13A.

(6) (a) Nothing in subsection (1)(b) of this section shall be interpreted to be an

independent study as defined in 38 C.F.R. sec. 21.4267.

(b) In order to ensure that a qualified trainee shall receive all Post -9/11 GI Bill

benefits, or any other similar federal b enefits related to military service, to

which the trainee is entitled to receive while participating in basic training

provided by the Department of Criminal Justice Training pursuant to KRS

15.440(1)(d), the following shall apply in the event that the Ken tucky

Approving Agency for Veterans Education within the Kentucky Community

and Technical College System classifies the training provided pursuant to

subsection (1)(b) of this section as independent study as defined in 38 C.F.R.

sec. 21.4267:

1. The Kentuc ky Approving Agency for Veterans Education shall seek a

formal opinion of the United States Department of Veterans Affairs

regarding its decision to classify the program as independent study;

2. If the United States Department of Veterans Affairs will not issue a

formal opinion or determines or otherwise agrees that the program

qualifies as independent study under federal regulations, the Department

of Criminal Justice Training shall make available in -person course

instruction to those who receive Post -9/11 GI Bill benefits, or any other

similar federal benefits related to military service, as long as this

offering meets criteria established under federal laws and regulations,

provided that the Department of Criminal Justice Training and Kentucky

Approving Agency for Veterans Education seeks a formal opinion of the

United States Department of Veterans Affairs regarding any criteria that

is relied upon to attempt to disqualify the agency;

3. If the Department of Criminal Justice Training cannot provide in -person

instruction as provided in subparagraph 2. of this paragraph because of a

final determination that the trainee would be disqualified from receiving

benefits during his or her participation in the program, the Department

of Criminal Justice Training shal l cause to be paid to the trainee an

amount equal to the benefits the trainee would have received under the

Post-9/11 GI Bill benefits or any other similar federal benefits related to

military service had the program or instruction not been disqualified.

The amount shall be paid to the trainee from the Kentucky Law

Enforcement Foundation Program fund under KRS 15.430; and

4. In the event that insufficient funds exist in the Kentucky Law

Enforcement Foundation Program fund established pursuant to KRS

15.430 to meet the obligations provided in subparagraph 3. of this

paragraph, the law enforcement agency employing the trainee shall cause

to be paid to the trainee an amount equal to the benefits the trainee

would have received under the Post -9/11 GI Bill benefi ts or any other

similar federal benefits related to military service had the program or

instruction not been disqualified.