CERTIFICATION LAPSE

 


The Kansas Legislature passed K.S.A.74-5622 on May 2, 1997; it became effective May 22, 1997 and created, for the first time in Kansas, law requiring law enforcement officers to "reinstate" their certification if they leave employment as Kansas law enforcement officer for more than five years.

Specifically, K.S.A.74-5622 creates a certification lapse law which requires officers holding Kansas certification to meet one of three “reinstatement criteria” if they leave service as a Kansas officer for more than five (5) years. To reinstate certification, officers must, within one year of re-employment as a Kansas officer, successfully complete one of the following procedures:



• OPTION ONE: "CHALLENGE" PROCEDURE

PASS A “CHALLENGE” EXAMINATION DEVELOPED BY THE KANSAS LAW ENFORCEMENT TRAINING CENTER AND QUALIFY WITH A DUTY HANDGUN


Officers choosing this option must pass a written examination covering contemporary law enforcement procedures, law, and tactics, with a minimum score of 70%. KLETC will develop and administer the examination and will make available to officers a comprehensive study material package in advance of the test date. Officers who pass the academic examination must then qualify at the KLETC Firearms Range with their duty handgun. A minimum qualification score of 70% is required.

Officers who pass the written and firearms tests will receive proof of reinstatement. Officers who fail the academic portion must attend and successfully complete a full basic training academy class to achieve reinstatement. Officers who pass the academic, but not the firearms portion, of the challenge procedure may return, with the approval of their agency head, to KLETC for not more than two further firearms training sessions; if they successfully qualify following this training, they will receive reinstatement.


• OPTION TWO: ATTEND AND SUCCESSFULLY COMPLETE ANOTHER CERTIFIED BASIC TRAINING COURSE


Officers who do not select the “challenge” examination option may obtain reinstatement by attending and successfully completing another certified basic training program.


• OPTION THREE: OBTAIN A WAIVER OF FURTHER TRAINING


Officers may apply to the Kansas Commission on Peace Officer's Standards and Training (KS CPOST) for a waiver of further training. The Commission may grant a waiver to those officers who, in the opinion of the director of police training, has received sufficient training or experience that such hours of instruction at the training center would be, unless waived, unduly burdensome or duplicative.

Officers seeking such waivers must show extraordinary circumstances – such as being so closely involved with law enforcement during the period they were not active officers that they remain familiar with contemporary law enforcement procedures – to obtain a waiver of training.

.