STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HELEN D. STEINHARDT, )

)

Petitioner, )

)

vs. ) CASE NO. 76-042

)

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, Helen D. Steinhardt; and Herbert D. Sikes, Tallahassee, Florida, for the Respondent, Department of Education.

Helen D. Steinhardt ("Petitioner" hereafter) filed a Petition for Formal Proceeding with the Department of Education ("Respondent" hereafter). 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 she was improperly issued a Rank III teacher's certificate by the Respondent, when she was entitled to Rank II certification.

Prior to the hearing the parties entered into a Stipulation of Facts. The Stipulation was received in evidence at the hearing. All of the factual issues involved in the case were resolved in accordance with the Stipulation. No oral testimony was taken at the hearing. The only evidence that was received was the Petition, the Answer, and the Stipulation of Facts with attachments.

Petitioner moved at the hearing to amend her 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 prejudice the Respondent in the preparation of its case.

FINDINGS OF FACT

1. Petitioner is an instructor of mathematics at Glades Junior High School in Dade County, Florida.

2. On May 10, 1967, Petitioner received a Rank III teacher's certificate from the Respondent. Petitioner has been certified as a Rank III teacher since that time. Petitioner most recently requested reevaluation of her certificate status on or about September 15, 1975. Petitioner sought certification as a Rank II teacher. The Respondent denied the request.

   
   

3. Petitioner was awarded a Bachelor of Arts Degree from Hunter College on June 19, 1940. Petitioner was awarded a Bachelor of Law Degree by St. Johns University School of Law in September, 1943.

   
   

4. At the time that Petitioner enrolled in the St. Johns University School of Law, the St. Johns University School of Law did not require that candidates for admission possess an undergraduate Bachelor's Degree in order to be enrolled. Candidates for admission were required to have completed at least two years of college in order to be enrolled.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. 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 public schools.

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

      * * *

      (c) Rank II - 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 II certificate)."

      * * *

      
      

7. Petitioner does hold a Bachelor's degree in a specialized field; however, she was not required to possess a Bachelor's degree as a prerequisite to entering study for the Bachelor's degree in the specialized field. Petitioner did in fact possess such a degree, but the rule makes no provision for this circumstance.

   
   

8. Petitioner was properly issued a Rank III teacher's certificate, and her request for reevaluation of her 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 her certificate status be affirmed, and that the relief requested by the Petitioner in her Petition for Formal Proceeding be denied.

ENTERED this 17th day of May, 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 Commissioner of Education The Capitol

Tallahassee, Florida 32304

Sydney L. Matthew, Esquire

TOBIAS SIMON & ELIZABETH DuFRESNE, P.A.

308 West Pensacola Street Tallahassee, Florida 32304

Herbert D. Sikes, Esquire

400 Barnett Bank Building Tallahassee, Florida 32304

Docket for Case No: 76-000042

Orders for Case No: 76-000042