SECTION 340:100-3-38. Training requirements for community staff

(a)   Application. OAC 340:100-3-38 sets forth training requirements for Developmental Disabilities Services Division (DDSD) staff, specialized foster care (SFC) providers, and agencies contracting for delivery of residential supports per OAC 340:100-5-22.1, habilitation training services, group home services, assisted living services, employment services, or in-home supports through DDSD state funds or a Home and Community-Based Services (HCBS) Waiver per OAC 317:40-1-1. DDSD staff, provider agency staff, and SFC providers complete a course of instruction specific to applicable job duties in accordance with:

(1)   residential supports and group home services per OAC 340:100-3-38.1;

(2)   employment services per OAC 340:100-3-38.2, excluding job coaching services through contracts with industry, per OAC 317:40-7-18. The job coach, per OAC 317:40-7-18, completes contracts with industry job coach curriculum, approved by the DDSD director of human resource development, within 30 days of assignment as job coach;

(3)   supports in the family's or service recipient's home through Community Waiver or Homeward Bound Waiver, other than residential supports, per OAC 340:100-3-38.3;

(4)   SFC per OAC 340:100-3-38.4;

(5)   supports in the family's or service recipient's home through an In-Home Supports Waiver per OAC 340:100-3-38.5;

(6)   DDSD case management services per OAC 340:100-3-38.6;

(7)   program coordination services per OAC 340:100-3-38.7;

(8)   employment program manager services per OAC 340:100-3-38.8;

(9)   DDSD or provider agency supervisory or management support per OAC 340:100-3-38.9;

(10)   respite, homemaker, or homemaker respite services per OAC 340:100-3-38.12; and

(11)   supports in alternative group homes per OAC 340:100-3-38.13.

(b)   Training curricula.

(1)   To fulfill the training requirements of OAC 340:100-3-38, any training course or curriculum must be approved by the DDSD director of human resource development unless the course is:

(A)   designed and offered by a professional training or education organization to enhance the management skills of supervisors; or

(B)   offered by a regional, state, or national professional organization, such as:

(i)   The Association for Persons with Severe Handicaps (TASH);

(ii)   The Council on Quality and Leadership (CQL); or

(iii)   the American Association on Intellectual and Developmental Disabilities (AAIDD).

(2)   In-services to staff and meetings pertaining to agency policies and practices are not subject to approval by the DDSD director of human resource development.

(3)   Trainers of approved courses must be licensed, certified, or otherwise qualified based on requirements of the course or by approval of the DDSD director of human resource development.

(4)   Competency-based courses require a specified level of proficiency to receive credit for satisfactory completion. Competencies are based upon specific identified outcomes. The trainer of each course communicates the required level of proficiency to participants at the beginning of each course.

(5)   Each curriculum developed or sponsored by DDSD is reviewed at least every two years to ensure the curriculum is:

(A)   reflective of current best practice;

(B)   aligned with Oklahoma Department of Human Services (OKDHS) rules; and

(C)   reflective of changes in the service delivery system.

(c)   Classroom expectations. DDSD training staff and contract training staff are authorized to dismiss a participant or observer from a class for the reasons in (1) through (5) of this subsection.

(1)   Dismissal from a training class may occur for:

(A)   sleeping in class;

(B)   disruptive behavior, such as:

(i)   inappropriate comments during class that are considered rude, insensitive, or derogatory;

(ii)   whispering or talking to other participants during class;

(iii)   conducting activities unrelated to the class topic;

(iv)   being called out of class frequently; or

(v)   leaving class frequently other than at designated break times;

(C)   tardiness or absence.

(i)   Tardiness, such as:

(I)   arriving at class more than 30 minutes after class begins on the first day;

(II)   arriving at class more than 15 minutes after class begins on subsequent days; or

(III)   missing a total of more than 30 minutes of any day's presentation.

(ii)   Participants may be granted no more than 30 minutes the first day of class to allow for difficulty in locating the building or parking, except in courses that require a specific number of training hours to meet certification requirements;

(D)   incomplete preparation. Dismissal from class occurs for any participant who has not completed required prerequisite courses, tasks, or preparatory materials prior to attending; and

(E)   violating confidentiality requirements, per OAC 340:100-3-2 and other applicable rules.

(2)   If dismissal from class occurs, the trainer notifies the participant's agency and trainer's supervisor as soon as possible and maintains a brief written summary of the incident.

(A)   Dismissed participants do not receive credit for the class and are required to re-enroll and satisfactorily complete the entire course or module to receive credit.

(B)   The trainer must give approval before re-enrollment is allowed. Appeal of the trainer's decision is made to the DDSD director of human resource development.

(3)   No children, friends, or family members of participants may attend class unless enrolled as participants.

(4)   Service recipients family members, advocates, DDSD staff, and provider agency staff may observe training classes unless they engage in activities disruptive to the class. Service recipients who wish to participate in training and who need staff support must be accompanied by a staff not enrolled in the training.

(5)   When other persons attend class in place of enrolled participants, or in addition to enrolled participants, they are allowed to remain, if the trainer determines there are adequate materials and space.

(d)   Online Training Expectations. Online training courses may be used as an alternative to classroom instruction.

(1)   Online courses must be approved by the DDSD director of human resource development.

(2)   Provider agencies participating in online training have responsibility for preventing misuse of online training.

(3)   Provider agencies participating in online training develop protocols governing use of online training. The protocols include, but are not limited to the following:

(A)   supervision of employees completing online training;

(B)   provision of technical assistance to learners;

(C)   mentoring and assisting learners; and

(D)   completion of on-the-job components of the courses including maintaining documentation of completion.

(4)   DDSD and provider agency staff sign Form 06MP050E, Notice of Responsibilities Regarding Online Training, prior to taking online courses that have been approved to meet the training requirements per OAC 340:100-3-38.

(e)   Course availability. The DDSD Human Resource Development Unit and contract trainers work to ensure the availability of all courses by taking into account:

(1)   location;

(2)   time of day; and

(3)   day of the week.

(f)   Class closings due to inclement weather.

(1)   If the public schools in the town where the class is held are closed due to bad weather, class is canceled. The provider agency is responsible to enroll the staff in the next available class.

(2)   If provider agency staff plans to attend an out-of-town class, but the schools are closed at the staff's work location, the agency may determine that it is not safe for staff to travel.

(A)   The agency is responsible to call the enrollment phone number for the class on the next work day to notify the training provider of this decision.

(B)   The trainer enrolls the staff in the next available class, and the staff is not penalized for not attending.

(C)   The letter confirming re-enrollment serves as notification of the next available class.

(3)   If a class is cancelled due to bad weather, the enrolled staff is expected to notify the provider agency of his or her potential availability to work.

(4)   If a provider agency or staff is uncertain about weather conditions or cancellations, they must call the enrollment phone number for the particular class.

(g)   Quality assurance. To ensure consistency with state laws and regulations and current best practices, training provided by DDSD staff, service providers, or contract agents, and other classes required by DDSD are observed and monitored on a regular basis.

(1)   The components of the monitoring system are listed in (A) through (E).

(A)   The DDSD director of human resource development attends and monitors training classes on a random basis throughout the calendar year.

(B)   DDSD training supervisors and contract training coordinators observe each trainer directly under their supervision at least twice a calendar year.

(i)   At least one review must include foundation training, if applicable.

(ii)   Each review is at least one-half training day, which is three hours in length.

(iii)   The reviews:

(I)   cover the range of primary training topics offered by each trainer;

(II)   are conducted in both metropolitan and rural areas of Oklahoma, when applicable; and

(III)   include announced and unannounced observations.

(iv)   The supervisor or coordinator reviews the training classes as a participant rather than as an observer, when possible.

(v)   Direct feedback is given to the trainer following the class in both written and verbal form.

(vi)   A copy of the written review is sent to the DDSD director of human resource development.

(vii)   If significant areas of concern are noted, the trainer and immediate supervisor develop a specific plan of correction that may include retraining, increased supervision of classes, or co-training. A copy of the plan of correction is sent to the DDSD director of human resource development.

(viii)   The supervisor or coordinator may request an unannounced review by another supervisor, coordinator, or trainer.

(ix)   Exceptional performance is noted in writing with a copy to:

(I)   the trainer's personnel file; and

(II)   DDSD director of human resource development.

(C)   Provider agencies notify DDSD area training staff at least the day before the class of the location and time when offering in-house training courses to meet requirements per OAC 340:100-3-38. DDSD may provide unannounced monitoring at any time.

(D)   To ensure contract trainers support the DDSD mission, values, and philosophies, as well as demonstrate mastery of the subject matter and good training skills, each DDSD trainer is assigned to monitor a specific number of contract trainers per calendar year.

(i)   Each DDSD trainer:

(I)   is assigned to monitor contract trainers based upon the DDSD trainer's areas of expertise and interest;

(II)   reviews each assigned contract trainer at least one time per calendar year for a minimum of one-half training day, which is three hours. The review is unannounced; and

(III)   provides written and oral feedback to the contract trainer following the class.

(ii)   A copy of the written report is provided to the contract trainer, contract trainer's supervisor, and DDSD director of human resource development.

(iii)   If significant areas of concern are noted, the contract trainer and immediate supervisor develop a specific plan of correction that may include retraining, increased supervision of classes, or co-training. A copy is sent to the DDSD director of human resource development.

(iv)   Exceptional performance is noted in writing with a copy to:

(I)   trainer's personnel file; and

(II)   DDSD director of human resource development.

(v)   DDSD training staff reviews the primary training programs and other sensitive training programs provided by contract training staff.

(E)   Service recipients, family members, and advocates, as well as organizations with expertise in disability issues or training may be invited to review training classes or portions of classes.

(i)   These reviews may be announced or unannounced.

(ii)   Service recipients, family members, friends, advocates and legal guardians, or organizations provide feedback to the trainer, trainer's supervisor, and DDSD director of human resource development.

(2)   Training found to violate requirements of OAC 340:100-3-38, including material covered, testing procedures, or DDSD rule requirements may result in:

(A)   corrective discipline for OKDHS employees;

(B)   revocation of approval to provide training;

(C)   supervised retraining; or

(D)   sanctions against the provider per OAC 340:100-3-27.

(3)   Any participant or agency with concerns about course content, a course instructor, or availability of a course immediately notifies the supervisor of the course or instructor. If resolution of the issue does not occur, the participant or agency notifies the DDSD director of human resource development.

(4)   Each class used to fulfill training requirements, per OAC 340:100-3-38, offered by DDSD, contract training agents, or provider agencies offers participants the opportunity to provide feedback. Feedback options include:

(A)   end-of-class evaluation forms;

(B)   periodic surveys; or

(C)   focus group discussions.

(5)   DDSD case managers and providers report to the DDSD director of human resource development any training system issues inhibiting fulfillment of requirements per OAC 340:100-3-38.

(h)   Documentation.

(1)   Provider agencies maintain documentation of completion of required training as defined in OAC 340:100-3-38. Staff who attend training are given certificates or other completion verification and the agency maintains a copy of such documents.

(2)   DDSD case managers monitor training completion through review of progress reports from service providers per OAC 340:100-5-52 and follow up when issues are noted.

[Source: Added at 15 Ok Reg 3934, eff 7-14-98 (emergency); Added at 16 Ok Reg 1056, eff 4-26-99; Amended at 19 Ok Reg 2948, eff 8-1-02 (emergency); Amended at 20 Ok Reg 936, eff 6-1-03; Amended at 22 Ok Reg 882, eff 5-12-05; Amended at 23 Ok Reg 1910, eff 6-11-06; Amended at 25 Ok Reg 986, eff 5-15-08; Amended at 28 Ok Reg 897, eff 6-1-11]