STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SAMUEL J. POMERANZ, )

)

Petitioner, )

)

vs. ) CASE NO. 76-830

)

STATE OF FLORIDA )

DEPARTMENT OF EDUCATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause came on to be heard before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, on August 3, 1976 at 9:30 a.m. in Room 103, Collins Building, Tallahassee, Florida.

APPEARANCES

For Petitioner: William L. Boyd, Esquire

Post Office Box 5617 Tallahassee, Florida 32303

For Respondent: Gene T. Sellers, Esquire

Counsel, State Board of Education Knott Building

Tallahassee, Florida 32304 ISSUE

Whether Petitioner Samuel J. Pomeranz is entitled to a Florida Teaching Certificate "Rank 1A" under Florida Administrative Code 6A-4.04.

INTRODUCTION

Petitioner Samuel J. Pomeranz contends he is entitled to receive a "Rank 1A" Certificate from the Respondent State of Florida Department of Education inasmuch as he has obtained an advanced certificate in Educational Administration Supervision in June of 1970 from City College of New York. He contends that course work he has completed and the work he has done qualifies him for the "Rank 1A - Sixth year postmaster's level degree." Respondent Department of Education contends that Petitioner is not entitled to a "Rank 1A" teaching certificate inasmuch as the regulation requires a degree and not a certificate; that the work completed by Petitioner Pomeranz is not in fact equivalent to the work required for a sixth year postmaster's level degree program inasmuch as he took no comprehensive examination, did not write a major research thesis and his course work was not supervised by a graduate committee of requisite standing and dignity; that the State of New York does not recognize

Petitioner's work as a degree although the State of New York has a number of programs for which a degree is awarded.

FINDINGS OF FACT

1. Petitioner Samuel J. Pomeranz holds a "Rank 2" certificate issued by the Florida Department of Education.

   
   

2. Petitioner Samuel J. Pomeranz obtained an advanced certificate in Educational Administration and Supervision in June 1970, from City College of New York. He obtained a Bachelor of Arts Degree in 1957 and a Master of Arts Degree in Education in 1959.

   
   

3. Petitioner was licensed as a teacher in the State of New York and served as head of Curriculum Development in a senior high school in New York, New York. At the time of the hearing, he had not taught school in the State of Florida.

   
   

4. Petitioner applied for a "Rank 1A" teaching certificate from the Respondent Department of Education Certification Section, but certification as "Rank 1A" was denied.

   
   

5. Florida Administrative Code Rule 6A-4.049(1)(b) 1. requires that an applicant hold a "sixth year postmaster's level degree." Applicant received a certificate rather than a degree at the conclusion of his postmaster's work.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

7. "Section 231.17, Florida Statutes, Certificates granted on application to those meeting prescribed requirements.-

   
   

   1. The Department of Education shall issue a certificate of the proper type to any person possessing the qualifications

      for such a certificate as prescribed herein, and by rules and regulations of the state board, who pays the required fee, makes application in writing on the form pre- scribed by the department, submits satis- factory evidence that he possesses said qualifications and meets the other require- of law.

      
      

8. The Petitioner complies with the requirements of the foregoing statute for the issuance of a certificate but fails to come within the following rule:

   
   

9. Florida Administrative Code Rule "6A-4.04 Ranks and types of Florida teaching certificates.

   
   

   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 public schools.

   1. Ranks of certificates shall be based on

      academic degrees and semester hours credit as specified below:

      1. Rank 1 - Doctor's degree

      2. Rank 1A -

         1. Holds a sixth year postmaster's level degree in education from a standard insti- tution of higher learning (e.g., Specialist in Education Degree) or

         * * *

      3. Rank 2 - Master's 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 the specialized field, shall be considered equivalent to the Master's degree for the Rank 2 certificate.)"

         
         

10. The certificate held by Petitioner Pomeranz is within the meaning of subparagraph (1)(c), supra, and not within subparagraph (1)(b). The rule requires a degree and a certificate is not an equivalent. Therefore, the Petitioner fails to come within the ambit of the rule.

    
    

11. Petitioner was properly issued a "Rank 2" teacher's certificate, and his application for certification as "Rank 1A" was properly denied.

RECOMMENDATION

Affirm the Respondent's action in denying Petitioner's request for "Rank 1A" certificate.

DONE and ORDERED this 22nd day of October, 1976 in Tallahassee, Florida.

COPIES FURNISHED:

William L. Boyd, Esquire Post Office Box 5617 Tallahassee, Florida 32303

Gene T. Sellers, Esquire State Board of Education Knott Building

Tallahassee, Florida 32304

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

Docket for Case No: 76-000830

Orders for Case No: 76-000830