STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JEFFREY ROSINEK, )

)

Petitioner, )

)

vs. ) CASE NO. 76-041

)

DEPARTMENT OF EDUCATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on April 26, 1976, in Tallahassee, Florida.

The following appearances were entered: Sydney L. Mathew, Tobias Simon and Elizabeth DuFresne, P.A., Tallahassee, Florida, for the Petitioner, Jeffrey Rosinek; and Herbert D. Sikes, Tallahassee, Florida, for the Respondent, Department of Education.

Jeffrey Rosinek ("Petitioner" hereafter) filed a petition for formal proceeding with the Department of Education ("Respondent" hereafter). In accordance with Florida Statutes Section 120.57(1)(b)(3) the Respondent caused the petition to be filed with the Division of Administrative Hearings on January 15, 1976. The Respondent filed its Answer to the petition on January 20, 1976. The final hearing was scheduled by notice dated February 18, 1976, and was rescheduled at the request of the Respondent by order entered March 5, 1976.

Petitioner has alleged that he was improperly issued a Rank II certificate for teaching in the secondary schools, when he was entitled to Rank I certification.

Prior to the hearing the parties entered into a stipulation of facts. The stipulation was received in evidence at the hearing. Petitioner's Exhibits A - F were received in evidence in accordance with the stipulation. The Petitioner called the following witnesses: Edwin M. Schroeder, a Professor of Law at the Florida State University College of Law; Jeffrey Rosinek, the Petitioner; Robert

1. Johnson, Provost of graduate studies and research at Florida State University; and John S. Staples, the Administrator of the Teachers Certification Section of the Respondent. Petitioner's Exhibits G, H, and I were received in evidence during the course of the hearing. The Respondent called the following witnesses: Cecil Golden, the Associate Deputy for Educational Management of the Respondent; and Margaret Stickler, an educational consultant in the Teachers Certification Section of the Respondent. Respondent's Exhibits 1 - 4 were received in evidence. The Petitioner and the Respondent have submitted Post Hearing Memoranda of Law.

   
   

   Petitioner moved at the hearing to amend his petition so as to allege that certain rules and regulations of the Respondent are invalid. The Respondent opposed the motion. The undersigned denied the motion on the grounds that the amendment would inevitably raise factual and legal issues which were not

   involved in the case prior to the date of the final hearing. Allowing introduction of new issues at the last possible moment would inevitably have prejudiced the Respondent in the preparation and presentation of its case.

   
   

   FINDINGS OF FACT

   
   

   1. Petitioner is an Instructor of Social Studies presently teaching History of Law and Law and Society at Coral Gables Senior High School in Dade County, Florida. Petitioner has been an Instructor of Social Studies at Coral Gables High School since August, 1963.

      
      

   2. Petitioner received a Bachelor of Arts degree from the University of Miami in 1963. Petitioner was awarded a Juris Doctor degree from the University of Miami College of Law in May, 1974.

      
      

   3. Prior to July 1, 1974, the Petitioner had been certified as a Rank III teacher in the elementary and secondary schools. On August 20, 1974, the Respondent issued a Rank II Teacher's Certificate to the Petitioner. The effective date of the certificate was July 1, 1974. Petitioner was certified to teach social studies in secondary schools, English in junior high school, and to teach in the junior colleges. On October 25, 1974, the Respondent issued a Rank I teacher's certificate for teaching in junior college to the Petitioner.

      
      

   4. In July and August, 1975, the Petitioner sought certification as a Rank I teacher. This request was denied by the Respondent by letter dated September 2, 1975. (See: Petitioner's Exhibit F). This action followed the denial of Rank I status.

      
      

   5. A Juris Doctor degree is the initial legal degree that is available. The Juris Doctor degree is considered the terminal professional legal degree in that no additional degrees are necessary in order to engage in the practice of law. Advanced legal degrees are available at some, but not all, law schools. These degrees are an L.L.M., or Master of Law degree, and a J.S.D. or S.J.D., or Doctor of Juridical Science degree. The J.D., or Juris Doctor degree, is of fairly recent vintage. The initial legal degree at most law schools was, until the past ten or twenty years, designated an L.L.B., or Bachelor of Law degree. The J.D. designation has become popular due to added prestige add recognition that it provides. A J.D. degree is not in any way substantively different from an L.L.B. degree. A J.D. degree is in fact a Bachelor's degree in the specialized field of law.

      
      

      CONCLUSIONS OF LAW

      
      

   6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.

      
      

   7. Rule 6A-4.04, Florida Administrative Code, provides in pertinent part as follows:

      
      

      "The following 'ranks' and 'types' of certi- ficates may be issued to, or are now held by individuals employed or eligible to be employed in Florida pubic schools.

      
      

      1. Ranks of certificates shall be based on academic degrees and semester hours credit as specified below:

         (a) Rank I - Doctors degree

         * * *

         (c) Rank II - Masters degree (also a Bachelor's degree in any specialized field [e.g. Library

         Science] which required a Bachelor's degree as a prerequisite to entering study for the Bachelor's degree in a specialized field, shall be con- sidered equivalent to the Master's

         degree for the Rank II certificate.)"

         * * *

         
         

   8. The Juris Doctor degree is a Bachelor's degree in a specialized field within the meaning of subparagraph (c) of the above cited rule, and not a Doctor's degree within the meaning of subparagraph (a) of the above cited rule.

      
      

   9. Petitioner was properly issued a Rank II teacher's certificate, and his request for reevaluation of his certificate was properly denied.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is,

RECOMMENDED that the Respondent's action in denying Petitioner's request for reevaluation of his certificate status be affirmed, and that the relief requested by the Petitioner in his petition for formal proceeding be denied.

ENTERED this 1st day of June, 1976, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

COPIES FURNISHED:

Honorable Ralph Turlington Sydney Mathew, Esquire Commissioner 208 West Pensacola Street Department of Education Tallahassee, Florida

The Capitol

Tallahassee, Florida Herbert D. Sikes, Esquire Knott Building

Tallahassee, Florida 32304

Docket for Case No: 76-000041

Orders for Case No: 76-000041