1. (a) The commission may issue an academy license to an academy that is operated by or for the state or any political subdivision of the state for the specific purpose of providing law enforcement, corrections, telecommunications, and/or other law enforcement related training. In order for a license to be issued, a comprehensive training needs assessment must be submitted to the commission, justifying the need for an additional academy in the regional planning commission or council of governments area in which the proposed academy will be located. The needs assessment must include as a minimum:

   1. (1) a description of whom the academy will serve, including the identity of each law enforcement agency the academy expects to serve, the number of officers the academy expects to train annually from each agency, and the basis for the academy's expectations;
   2. (2) a description of existing law enforcement training programs in the proposed service area and documentation justifying the need for an additional academy;
   3. (3) the number and types of courses that will be offered;
   4. (4) what specific training need(s) are not currently being provided by licensed academies in the regional planning commission or council of governments area; and
   5. (5) proof of notification by certified mail to all licensed academies within the regional planning commission or council of governments area of their intent to apply for an academy license and what specific training needs the applicant intends to meet.

2. (b) If the commission determines that the training needs assessment justifies an additional academy in the area, and before an academy license may be issued, the proposed academy must pass an inspection of its facilities and instructional materials and must submit for commission approval:

   1. (1) a completed, written application on a commission form that is signed by the chief administrator or head of the organization exercising administrative control over the academy;
   2. (2) a resolution of support from the governing body of the sponsoring organization;
   3. (3) the proposed formal name of the academy, which must not misrepresent the status of the academy or be confusing to law enforcement or to the public;
   4. (4) a proposed startup and operational budget and a proposed course schedule to show that training will be conducted on a continuing basis;
   5. (5) a schedule of tuition and fees, if any, that will be charged;
   6. (6) documentation that an advisory board has already been appointed as provided by the Occupations Code, Chapter 1701.252, including a resume for each board member;
   7. (7) any advisory board minutes necessary to show the decisions which have been made by that board in all areas required by the commission;
   8. (8) the name, social security number and resume of the proposed training coordinator and any academy staff instructors, and a list of instructors who are scheduled to teach the submitted proposed course schedule;

   9. (9) documentation that the academy will be based on at least one of the following sponsoring organizations:

      1. (A) a law enforcement agency that has at least 50 full-time paid peace officers and/or county jailers under current appointment;
      2. (B) an institution recognized by the Texas Higher Education Coordinating Board; or

      3. (C) a regional planning commission or council of governments (COG) board;

         1. (i) the commission will issue only one regional academy license within each regional planning commission or council of governments area at any one time;
         2. (ii) to be or remain a regional academy, that particular academy must substantially meet the training needs of all current or prospective licensees who reside in that region;
   10. (10) certification that the academy meets the requirements of the Americans with Disabilities Act (ADA), to which its entity is subject, and as those requirements apply to the academy's function (including course materials, course presentation, and facilities). The certification will represent that the academy will maintain this compliance during the term of the license;
   11. (11) the physical location and a description of the proposed training facility and any satellite sites; and
   12. (12) an academy may contract as cosponsor with law enforcement agencies and other entities to conduct continuing education classes or basic jail training. The academy is responsible for certifying the quality of the training, compliance with commission rules and guidelines, and maintaining the necessary documentation.

3. (c) The pre-licensing inspection of the academy's facilities and instructional materials shall be conducted by commission staff, or by a team of academy coordinators as appointed by the executive director. An academy must have and maintain:

   1. (1) a dedicated classroom that is sufficiently air-conditioned and heated, well lit, free of noise and other unreasonable distractions, and of sufficient size for the number of students to be served;
   2. (2) instructors and adequate instructional resources to conduct effective training;
   3. (3) adequate and convenient restrooms, breakroom, and parking area;
   4. (4) adequate and convenient law enforcement reference library for student and staff use;
   5. (5) a proprietary interest in, or a written contract providing for a firing range suitable for the course of fire required in the current basic peace officer course with safety rules clearly posted, adequate restrooms, secure storage and first aid equipment while on the premises;
   6. (6) a proprietary interest in, or a written contract providing for at least one driving range designated for criminal justice training. Each academy must have at least one automobile available for criminal justice driving training; and
   7. (7) sufficient access to current and appropriate teaching tools and electronic equipment, including video players and projection equipment, computer hardware, software, and Internet access.
4. (d) The chief administrator or head of the organization exercising administrative control of the proposed academy and the proposed training coordinator must appear before the commissioners to respond to any questions prior to any action being taken on the application.

5. (e) Once an academy license is issued, the chief administrator of the academy or the sponsoring agency must report in writing to the commission within 30 days:

   1. (1) any change in training coordinator;
   2. (2) any substantial failure to meet commission rules and standards;
   3. (3) any rule violation by it or by its training coordinator, instructors, or advisory board;
   4. (4) when non-compliance with ADA or any other federal or State requirements is discovered; or
   5. (5) any change in academy name, physical location, mailing address, electronic mail address, or telephone number.
6. (f) The commission may cancel an academy license if it was issued in error or based on false or incorrect information.

7. (g) The commission may suspend an academy license, or the executive director or his designee may issue a written reprimand to the sponsoring agency, if:

   1. (1) the academy or the sponsoring agency fails to comply with a commission rules or any law; or
   2. (2) the academy has been classified as at risk under §215.13 of this title. If the academy is classified as at risk, the chief administrator of the academy or the sponsoring agency must report to the commission in writing within 30 days what steps have been taken to correct deficiencies and on what date they expect to be in compliance.

8. (h) The commission will award training credit for any course conducted by a licensed academy as provided by commission rules unless:

   1. (1) the course is not conducted as required by commission rules and the advisory board;
   2. (2) the training is not related to a commission license;
   3. (3) the advisory board, the academy, the training coordinator, the course coordinator, or the instructor substantially failed to discharge any responsibility required by commission rule; or
   4. (4) the credit was claimed by deceitful means.

9. (i) The commission may revoke an academy license if:

   1. (1) the academy has been classified as at risk for a 12-month period without substantial improvement;
   2. (2) its training coordinator intentionally or knowingly submits a falsified document or a false written statement or representation to the commission; or
   3. (3) it has not met the needs of the communities it is required to serve.
10. (j) An academy may voluntarily surrender its license at any time for any reason. To voluntarily surrender its license, an academy's chief administrator must send written notice, accompanied by the license, to the executive director. The license is surrendered effective immediately upon receipt by the executive director.
11. (k) The effective date of this section is June 1, 2004.

Source Note:The provisions of this §215.3 adopted to be effective March 1, 2001, 26 TexReg 223; amended to be effective March 1, 2002, 26 TexReg 11039; amended to be effective June 1, 2004, 29 TexReg 3808.