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POST waits for legislative fix on AB 89 bachelor’s/modern-policing language; commissioners urge patience
Summary
POST staff told commissioners that ambiguity in AB 89’s language (which reads 'and' where the intent was 'or') leaves POST with conflicting statutory directions; commissioners generally agreed to wait for a legislative fix being pursued by Cal Chiefs, sheriffs and PORAC before adopting agency rules.
The Commission received an update on AB 89, the 2021 law that added higher-education language to Penal Code and directed POST to adopt recommendations made by the California Community Colleges report.
Legislative liaison Megan Polis explained the problem: the report recommended minimum education pathways but the statute’s drafting uses the conjunction "and," which on its face would require both a modern policing degree (45 units) and a bachelor's degree as minimums. "I would like to emphasize the word and as that was not intended by the legislature," she said. "It was meant to be an or, but unfortunately, statute says and."
Polis said the community colleges delivered a model Modern Policing Degree curriculum in October 2023 and that the colleges recommended pathways that could be completed either before basic certification or within 24 months of appointment. Commissioners voiced broad concern about the potential recruiting impacts of an immediate bachelor’s-degree requirement.
Several commissioners urged patience until legislative sponsors move a technical fix. Commissioner Brown said POST should "wait" for the associations (Cal Chiefs, Cal Sheriffs and PORAC) who are preparing remedial legislation; Commissioner Barcelona echoed recruiting concerns and warned that an immediate bachelor’s requirement would make hiring younger recruits significantly harder.
The advisory committee and several commissioners recommended preserving alternative pathways (AA degrees, professional certificates, academy credits and prior military coursework) and limited deadlines to phase requirements if a legislative change is not enacted. Staff and commissioners acknowledged an October 2025 target in the statute for POST adoption of recommendations; they said the Commission’s intent is to monitor legislative activity and not to implement a hard rule until the drafting confusion is resolved.
Why this matters: AB 89’s ambiguity could have major effects on recruitment and academy pipelines. Commissioners sought to avoid preemptive action that would reduce talent flow into policing while the legislature considers corrective language.
What’s next: POST staff will continue to work with associations and the community colleges and report back to the Commission; commissioners asked staff to keep agencies informed about anticipated legislative changes and implementation timing.
