31 Miss. Code. R. 301-7.3

Current through August 31, 2024
Rule 31-301-7.3 - Procedures
1. This section establishes procedures governing the standards to be used by accredited training academies.
A. Admission/enrollment procedure
1. Each academy shall develop an admittance and enrollment procedure. This procedure must ensure that only those applicants who are of good moral character meeting Board standards and are physically and mentally fit are admitted to the academy.
2. The academy may also include other qualifications for admittance to the training program consistent with the LEOTP and law.
3. The academy shall provide the Board staff a preliminary roster (to include standby personnel) not later than 10 working days prior to the class start date. The Board staff will screen the list for LEOTP requirements. If any candidate does not meet the requirements, the Board staff will contact the agency and the academy to resolve the conflict.
4. The academy shall provide the Board staff an updated entrance roster (if applicable), the student's graded entrance fitness score sheet, and the original completed training packets not later than five working days after the class report date. The candidate's NCIC report, certificate of high school/GED completion and verification of First Aid/CPR certification must be attached. All conflicts or missing information in these packets must be resolved. If any candidate does not meet the requirements, the Board staff will contact the agency and the academy to resolve the conflict.
5. Any law enforcement officer who is refused admittance to the academy will be given an impartial hearing at the academy. If the officer is aggrieved of this hearing, they may request a hearing before the Board as per established procedure for revocation/refusal to certify.
B. Readmission procedure
1. Any student who is dismissed or voluntarily withdraws from an academy may be eligible for re-admittance to training as set forth in the procedures section Chapter 7, Rule 7.3, Section 1, Subsection A above. Once a student begins training within an academy, that academy becomes the academy of record. Students must complete their training within their academy of record to obtain certification. In most cases, students shall not be readmitted to any academy other than the academy of record from which the student withdrew.
2. Academy directors may grant a training release provided that the academy of record cannot accommodate the student within the probationary period. Directors may release students who withdraw from their academy of record due to a documented medical problem, death in the immediate family, mandated service in a state or national emergency or other compelling reason as determined by the academy director. The director shall provide a copy of the written release to the board staff and to the student.
C. Academic students must achieve a final academic score of seventy percent (70%) to successfully complete the basic course.
1. The academies shall develop a test plan to evaluate the student's retention of knowledge through the administration of appropriate examinations. The test plan must be a part of the academy rules and regulations which are submitted to the Board. Academic standing must be computed on a weekly basis in order to provide timely feedback to the student. The exams may be written, hands-on, or a combination of the two types. The academy shall establish, in the plan, individual test weights, a student ranking system and a policy on final examinations. The plan must ensure re-dress of missed questions and/or incorrect procedures for each student. The academy shall maintain a sample in the academy files of each test administered during the course.
2. For the purpose of figuring academic standing, the student will be examined a minimum of once a week. The academy staff will use this cumulative average to identify students who are experiencing difficulty. Those students having an academic average below 70% should be given assistance in the form of counseling by staff members, enforced study time, involvement in a student study group, extra help sessions with instructors and the like. All of this effort will be directed toward making the student academically self-sufficient as early as possible in the training program.
3. Any student who fails to achieve a final academic average of 70% will not be allowed to graduate from basic training. Any student who appears to be failing academically, as evidenced by an average below 70% at any time after the second week of training, will be placed on academic probation.
4. Academic probation will operate as follows, depending upon when the student's average drops below 70%.
a. During the first four weeks of training
1. The student will be placed on academic probation for two weeks. Students and their department head will be informed of the problem.
2. If the student's average remains below 70% during those two weeks of probation, the student will normally be dismissed from training, except as provided in Chapter 7, Rule 7.3, Section 1, Subsection (c), Paragraph 4, and Subparagraph (a), Clause (3) below.
3. The student who has failed to successfully remedy the academic insufficiency during probation will be allowed to stay in training only if:
a. Substantial progress has been made in bringing the average near 70%;
b. It appears reasonable that the student may succeed academically if given additional time to conform to the academic standard; and
c. The department head specifically requests that the student be allowed to continue to train.
b. After the first four weeks of training
1. The student will be placed on academic probation for one week if the department head agrees to allow the student to continue to train.
2. The student who corrects the deficiency within one week will be allowed to continue to train. The student who fails to bring this average above 70% will be subject to dismissal except as provided in Chapter 7, Rule 7.3, Section 1, Subsection (c), Paragraph 4, and Subparagraph (a), Clause (3) above.
5. Students who are dismissed from an academy for academic reasons may re- enroll in the next available class presented by the original academy.
D. Scoring Procedures
1. All events shall be scored under supervision of the academy staff using proscribed procedure.
2. Students shall be given feedback on their performance for every graded event. Missed or incorrect answers shall be covered with each student.
3. All scores shall be reported to the Board rounded to the nearest whole number. Fractions of one-half or more shall be rounded up to the next nearest whole number. For example, 78.5 would be reported as 79 and 78.4 would be reported as 78.
4. Students shall appeal a score to the assigned instructor. Further appeal shall be before an impartial review board established by the academy.
E. Firearms
1. Students must achieve a final score of seventy-five percent (75%) on the approved courses of fire to successfully complete the basic course. The passing score of the approved course of fire shall be averaged with other scores recorded during firearms training to determine the students overall score. A final average score of seventy-five percent (75%) must be achieved to successfully complete the basic course. Any student who fails to achieve a passing score on the first attempt shall be given remedial training and not more than five attempts at passing firearms. Although there are numerous opportunities to practice this critical skill at the academy during the scheduled firearms training, agencies should diagnose each candidate's marksmanship ability prior to attendance at the basic course. Candidates who have difficulty achieving acceptable scores should seek additional practice/instruction prior to arrival in the basic course.
2. Emphasis will be placed on the principles of handgun and shotgun shooting and firearm safety.
F. Board Approved Firearms Qualification Course
1. The weapon is a duty revolver or semi-automatic pistol. See Section (C) of Chapter 10 for the approved target list and scoring procedure. This is a 50 round course using duty ammunition or equivalent. The start position is loaded handgun in secured holster. All firing is two-handed standing unless noted otherwise. The initial loading procedure for semi-automatic handguns is to load with full magazine, magazine number two loaded with 5 rounds and all other magazines loaded to capacity. The initial loading procedure for revolvers is to load with 6 rounds. All speed loaders, speed strips, ammunition pouches, or loops loaded to capacity. All reloading must be from secured ammunition pouch. No reloading commands will be given. Ammunition management is the responsibility of the shooter after Stage II. Shooter is responsible for speed reloading or tactical reloading in order to maintain a loaded handgun. Running out of ammunition during a stage is not a valid excuse. Rounds not fired are scored as misses.
a. STAGE 1 3 Yard Line, on command, draw and fire 2 rounds weapon hand only in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds.

Note: After Stage 1, weapon will be loaded with 6 rounds only. Semi-autos will be loaded with the 5 round magazine.

b. STAGE 2 5 Yard Line, on command, draw and fire 6 rounds weapon hand only and reload in 14 seconds. (Mandatory speed reload). On completion of time, scan and holster. Total of 6 rounds.
c. STAGE 3 5 Yard Line, on command, shooter will draw and transfer handgun to support hand and remain at the ready position for the next string. On command, fire 6 rounds support hand only in 6 seconds. On completion of time, scan and holster. Total of 6 rounds.
d. STAGE 4 5 Yard Line, on command, draw and fire 2 rounds center mass and 1 round within the head in 4 seconds. On completion of time, scan and holster. Repeat one additional time. Total of 6 rounds.
e. STAGE 5 7 Yard Line, on command, draw and fire 2 rounds in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds.
f. STAGE 6 15 Yard Line, on command, draw and fire 3 rounds standing, drop to a kneeling position and fire 3 additional rounds in 12 seconds. On Completion of time, scan, stand, scan and holster. Repeat one additional time. Total of 12 rounds.
g. STAGE 7 25 Yard Line, if range has barricades, they will be used as simulated cover for this stage. Barricades may not be used for support. On command, draw and fire 4 rounds standing and 4 rounds kneeling in 45 seconds. On completion of time, scan and holster. Total of 8 rounds.
G. Physical Activities
1. Immediately following academy registration activities, all students will participate in a physical fitness evaluation. Each student must demonstrate an acceptable level of fitness, fifty percent (50%) in each event, to remain in the program. This fitness evaluation at the outset of the training program will ensure that all students have a suitable level of fitness to participate in all the physical activities in the training program, reduce injuries and optimize successful completion of the fitness program.
2. The academy shall conduct physical fitness training at regular intervals (i.e. alternating sessions) during the course. Students are expected to perform at the pace set by the conditioning instructor. Performance of students shall be monitored and students who are not able to meet the pace will be given counseling and extra conditioning periods. The academy shall designate the time and location where individuals enrolled in the program shall conduct additional fitness training. Apathy toward the physical fitness program, as demonstrated by consistent failure to perform at the pace set by the instructor or to fail subsequent fitness tests shall be considered misconduct and subject to disciplinary procedures. The student will be given two diagnostic fitness tests, one at approximately one third and the second at two thirds of the class length. The agency head must inform the academy if the student is to be allowed to continue to train.
3. In the final week of training, the academy will administer the physical fitness test. The student must obtain a minimum score of 70% on each event in the test. The student will be given no more than three opportunities to pass the test during the last week of training.
4. Any enrolled student who cannot complete the fitness program due to an illness, injury or other event beyond their control may submit any previous passing score (seventy percent - 70%) on either the entrance fitness evaluation or a diagnostic fitness test to fulfill the requirements of the program. To receive this credit, students must not exceed the maximum allowance of five percent (5%) for excused absences. Further, each student must satisfy the academy and board that the illness, injury or event was not caused due to willful misconduct or negligent activity. Any illness or injury must be documented by appropriate treatment records submitted by licensed health care professionals. Any student who suffers an illness or injury that would result in a permanent condition that would prevent further participation in any fitness testing must undergo a fitness for duty evaluation. The evaluation must establish that the officer is capable of performing all the essential functions of the position. The record must clearly indicate the student's condition, illness or injury and state limitations for activity. Other events must be documented by the student's department and submitted to the academy for a decision under this program. If a student had not successfully completed a fitness test prior to the injury or illness, the student may be retested sixty days after release from medical treatment including any periods of therapy.
H. Conduct
1. Every accredited training academy shall promulgate a set of written rules and regulations governing the conduct of students who are at the academy for basic training. A copy of the rules and regulations will be submitted to the Board for approval. The written rules and regulations must be given to the students at the beginning of the training class. The rules and regulations should set forth acceptable and unacceptable conduct and should describe the disciplinary action which may be imposed for violation of the rules and regulations.
2. Student conduct which is a serious breach of the written rules and regulations may result in dismissal. However, prior to dismissal for disciplinary reasons, a student should be afforded the opportunity to have a hearing before an impartial review board. The composition of that board should be indicated in the rules and regulations along with notification of the procedure to be followed by the academy director and the accused student. The review board makes a recommendation to the academy director, whose decision is then final.
3. A student who has been previously dismissed from basic training for disciplinary reasons may be considered for admittance to a future training class. When re-admittance is requested by a dismissed student, the academy director must consider all pertinent factors such as the reason for prior dismissal, length of time since prior dismissal, character of the offense, and any other aggravating or mitigating circumstances. The academy director's decision to deny re-admittance may be appealed to the Board by the student's department head.
I. Skill Certification Courses
1. In addition to firearms, the basic law enforcement curriculum contains other skill courses. A student must demonstrate proficiency in Defensive Driving and Defensive Tactics (Mechanic of Arrest). Students must score an average of eighty percent (80%) on each of the aforementioned skill areas to successfully complete the basic course. In addition, students must successfully complete (pass/fail) the Defensive Tactics Practical Exercise.
2. Students who fail their first attempt on defensive driving shall be afforded one opportunity to retest the written portion and not more than six practice runs and three tested runs for score. Students who fail defensive tactics shall be given one additional attempt on the written or practical portions of the exam.
3. Intoxilyzer is an additional specialized skill.

NOTE: No student is excused from any part of the basic course regardless of whether he or she is authorized to use any of the aforementioned skill areas. Successful basic course candidates are certified as professional law enforcement officers in the State of Mississippi and as such, they have a need to know these common law enforcement skills.

4. As a practical matter, every student should be able to achieve an acceptable performance level in the intoxilyzer skill area. When a student is not able to demonstrate proficiency, that student's permanent record will reflect that fact. This failure will not prevent successful completion of the basic course and certification. However, the academy will notify the student's agency head of the insufficiency so that the student might seek additional training in that particular skill. Agencies should carefully consider an officer's lack of expertise in a given skill prior to assignment of any responsibilities in that area.
J. Additional Testing - Any student who should fail firearms, defensive tactics, defensive driving, or physical fitness will be given an opportunity to complete the rest of the course. However, no student shall be given credit for successful completion of the course until any and all failures have been corrected. No student, upon failure of the aforementioned areas, shall be permitted to perform any law enforcement duty in any full-time, part-time, reserve/auxiliary basis until that failure has been corrected.
1. Students shall be given two (2) opportunities, within three (3) months after the completion of the academy, to correct any deficiencies. The deficiency must be corrected at the academy in which the student was enrolled. Should any student fail to correct a deficiency within the three (3) month period the student will be required to repeat the entire course. Students must achieve a passing score in each event included in the test to successfully complete the test. The academy must submit the results of the test to the Board within five (5) working days from the date(s) of the test.
2. The academy director shall provide reasonable opportunity to correct any deficiency however any such opportunity shall be at the director's election as to time and place. Further, no student shall be allowed further attempts to correct a deficiency without documentation of remedial training. Such documentation shall be signed by the department head or supervisory personnel and the content shall be reviewed by the academy director for adequate scope and content of the remedial training.
3. The academy director shall charge a reasonable fee for each opportunity given for re-tests to recoup their administrative costs associated with the management and retesting of applicants. No retesting fees shall be authorized for reimbursement under the LEOTP nor shall any reimbursement be made for failed training.
K. Every student who successfully completes the training program will receive a certificate, signed by the academy director and other appropriate officials, which evidences successful completion of the academy.
L. Within ten (10) working days of the completion of the class, the academy must send a copy of the certificate, the student's final grades, and the final graded fitness score sheet to their department and to the Board. The final roster of students completing the class and their class ranking, written documentation of any student failure, dismissal, or withdrawal with reason from the academy must be submitted to the Board within ten (10 working days after completion of the class.

31 Miss. Code. R. 301-7.3

Miss Code Ann.§ 45-6-7
Adopted 9/16/2019
Amended 2/12/2020
Amended 11/3/2021