a permanent waiver of Rule 11B-35.0011(1) and (1)(h), F.A.C. by Mark Tawney, Principal and Vice President of Industrial/Organizational Solutions, Inc. (IOS) on behalf of examinees taking the IOS Criminal Justice Basic Abilities Test (CJBAT) for law ...

 

DEPARTMENT OF LAW ENFORCEMENT

Criminal Justice Standards and Training Commission

RULE NO.:RULE TITLE:

11B-35.0011Basic Abilities Test Requirements for Applicant Admission into a Law Enforcement and Correctional Basic Recruit Training Program

NOTICE IS HEREBY GIVEN that on January 13, 2016, the Criminal Justice Standards and Training Commission received a petition for a permanent waiver of subsection 11B-35.0011(1) and paragraph 11B-35.0011(1)(h), F.A.C., by Mark Tawney, Principal and Vice President of Industrial/Organizational Solutions, Inc. (IOS) on behalf of examinees taking the IOS Criminal Justice Basic Abilities Test (CJBAT) for law enforcement between June 1, 2010 and February 1, 2016. Petitioner wishes to permanently waive that portion of the rule that states: (1) Basic Abilities Test. To comply with Section 943.17(1)(g), F.S., applicants who apply for entry into a Commission-approved Basic Recruit Training Program after January 1, 2002, shall obtain a passing score on a Commission-approved Basic Abilities Test (BAT) for the law enforcement or correctional disciplines, prior to entering a program. The BAT shall be administered in the state of Florida. (h) A passing score on a Commission-approved Basic Abilities Test is valid four years from the date of the test. Petitioner states a review by the U.S. Department of Justice, Office of Civil Rights (OCR) found the relative pass rates for Black and Hispanic examinees fell within the criteria for adverse impact in all available law enforcement BATs. Petitioner states that it could make its adverse impact rate comparable to that of other tests by decreasing its cut score from 79% to 70%. Petitioner states that without the waiver, Criminal Justice Standards and Training staff would not be able to offer retroactive reparative remedies suggested by the OCR. Petitioner states that the purpose of Section 943.1791)(g), F.S. will be achieved if the waiver is granted.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Linton B. Eason, Assistant General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302 or by telephone: [phone].