STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ZHONG ZHENG, )

)

Petitioner, )

)

vs. )

) DEPARTMENT OF BUSINESS AND ) PROFESSIONAL REGULATION, BOARD ) OF PROFESSIONAL ENGINEERS, )

)

Respondent. )

Case No. 05-4046

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was conducted in this case before Administrative Law Judge Michael M. Parrish on January 12, 2006, by means of televideo conference between sites at Tallahassee and Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Garry W. Vermaas

Qualified Representative Ground Floor Engineering

3081 East Commercial Boulevard, Suite 102 Fort Lauderdale, Florida 33308

For Respondent: Lee Ann Gustafson, Esquire

Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050

STATEMENT OF THE ISSUE

The issue in this case is whether the Petitioner's academic record meets the academic requirements that are prerequisites to taking the Fundamentals of Engineering examination.

PRELIMINARY STATEMENT

The Petitioner, who received a degree of Bachelor of Engineering from the Tongji University in China, seeks to take the Fundamentals of Engineering examination, which is required for licensure in Florida. In order to be eligible to take that examination, students who graduate from foreign universities must show that their engineering education is substantially equivalent to an "ABET accredited engineering program." The Respondent, Board of Professional Engineers, (Board) contends that the Petitioner's engineering education fails to meet the required equivalency. Specifically, it is the Respondent's position that the Petitioner is five semester credit hours short in the subjects of Mathematics and Basic Sciences. The Petitioner contends that his engineering education satisfies all prerequisites to the examination he seeks to take.

At the final hearing the parties offered one joint exhibit, which was received in evidence. The Petitioner also offered two Petitioner Exhibits, which were received in evidence. The Respondent did not offer any additional exhibits. The Petitioner testified on his own behalf and also presented the

testimony of one other witness. The Respondent presented the testimony of one witness.

At the conclusion of the hearing the parties were allowed

10 days from the date of the filing of the transcript within which to file their respective proposed recommended orders. For reasons not explained in the record, the transcript was not filed until March 15, 2006. The Petitioner timely filed a post- hearing document titled Summary of Hearing, which has been treated as his proposed recommended order. The Respondent timely filed a Proposed Recommended Order. The post-hearing submissions of the parties have been carefully considered during the preparation of this Recommended Order.

FINDINGS OF FACT

1. The Petitioner submitted an application for approval to take the Fundamentals of Engineering examination. The Petitioner studied engineering at the Tongji University in the People's Republic of China from 1991 to 1995. He majored in Building Engineering and was awarded the degree of Bachelor of Engineering on July 10, 1995.

2. Beginning in September of 1995, the Petitioner studied engineering at the graduate level at Tongji University. His graduate studies lasted until April of 1998, at which time he was awarded the degree of Master of Engineering with a major in Structural Engineering. During the course of his graduate

   studies at Tongji University from September of 1995 until April of 1998, the Petitioner completed a total of 38 semester credit hours. Those semester credit hours included the following courses with their indicated semester credit hours:

   Applied Statistics 2 credit hours

   Numerical Analysis 3 credit hours

   
   

   The courses titled Applied Statistics and Numerical Analysis are both higher mathematics courses.

3. In the fall of 2000, the Petitioner began further graduate studies in engineering at Auburn University. He studied at Auburn University through the spring of 2002. The courses taken by the Petitioner at Auburn University included the following, with the indicated number of semester credit hours:

   Advanced Structural Analysis 3 credit hours Advanced Stress Analysis 3 credit hours

   Structural Dynamics I 3 credit hours Finite Element Methods in

   Structural Mechanics 3 credit hours

   The course titled Finite Element Methods in Structural Mechanics is a higher mathematics class. The other three Auburn courses listed immediately above, if not pure mathematics courses, are certainly courses which involve the application of advanced principles of mathematics. To successfully complete such courses, a person would have to be well-grounded in higher mathematics.

4. In the fall of 2002, the Petitioner transferred to the University of Florida where he continued his graduate studies in engineering. On December 20, 2003, the University of Florida awarded the Petitioner the degree of Master of Engineering with a major in Civil Engineering.

5. Pursuant to Florida Administrative Code Rule 61G15-

   
   

   20.007 the Petitioner submitted his educational credentials to an educational evaluator approved by the Board. The evaluator selected by the Petitioner was Josef Silny & Associates, Inc. (Silny).

6. Following its evaluation of the Petitioner's educational credentials, Silny prepared a Report of Evaluation of Educational Credentials (Silny Report) dated June 15, 2005. The Silny Report reached the conclusion that the Petitioner's undergraduate education at Tongji University was not the equivalent of a degree in engineering earned from a program approved by ABET. Silny was of the view that the Petitioner's undergraduate course of study at Tongji University was not equivalent because his curriculum was deficient five semester credit hours in higher mathematics and basic sciences and was deficient one semester credit hour in humanities and social sciences.1 The conclusions reached in the Silny Report were based on an evaluation of the Petitioner's undergraduate course work at Tongji University from 1991 to 1995. The Silny Report

   did not take into consideration any of the courses taken by the Petitioner during his graduate studies at Tongji University from 1995 to 1998, during his graduate studies at Auburn University from 2000 to 2002, or during his graduate studies at the University of Florida from 2002 to 2003.

7. During his undergraduate engineering studies at Tongji University, the Petitioner completed 36 semester hour credits of course work in the areas of higher mathematics and basic sciences. Silny is of the opinion that semester credit hours completed at Tongji University represent less study than semester credit hours completed at an accredited engineering school in a university in the United States of America. Specifically, Silny is of the opinion that semester credit hours completed at Tongji University are the equivalent of only 75 percent of semester credit hours earned in accredited engineering programs in the United States of America. Accordingly, when Silny evaluated the Petitioner's undergraduate education credentials, Silny multiplied the 36 semester credit hours the Petitioner had completed at Tongji University in the areas of higher mathematics and basic sciences by a factor of 0.75, and concluded that those 36 semester credit hours were equivalent to only 27 semester credit hours at an accredited engineering program in the United States of America.2

8. Florida Administrative Code Rule 61G15-20.007 includes the following requirements regarding applicants with degrees from foreign institutions:

   1. Applicants having degrees from foreign institutions shall be required to document “substantial equivalency” to the 2002 ABET Accreditation Yearbook for Accreditation Cycle Ended September 30, 2002 engineering criteria. This document is hereby incorporated by reference.

   2. In order to document “substantial equivalency” to an ABET accredited engineering program, the applicant must demonstrate:

      1. 32 college credit hours of higher mathematics and basic sciences. The hours of mathematics must be beyond algebra and trigonometry and must emphasize mathematical concepts and principles rather than computation. Courses in probability and statistics, differential calculus, integral calculus, and differential equations are required. Additional courses may include linear algebra, numerical analysis, and advanced calculus. As for the hours in basic sciences, courses in general chemistry and calculus-based general physics are required, with at least a two semester (or equivalent) sequence of study in either area. Additional basic sciences courses may include life sciences (biology), earth sciences (geology), and advanced chemistry or physics. Computer skills and/or programming courses cannot be used to satisfy mathematics or basic science requirements.

      2. 16 college credit hours in humanities and social sciences. Examples of traditional courses in this area are philosophy, religion, history, literature, fine arts, sociology, psychology, political science, anthropology, economics, and no more than 6 credit hours of languages other than English or other than the applicant’s

         native language. Courses in technology and human affairs, history of technology, professional ethics and social responsibility are also acceptable. Courses such as accounting, industrial management, finance, personnel administration, engineering economics and military training are not acceptable. Courses which instill cultural values are acceptable, while routine exercises of personal craft are not.

      3. 48 college credit hours of engineering science and engineering design. Courses in this area have their roots in mathematics and basic sciences but carry knowledge further toward creative application. Examples of traditional engineering science courses are mechanics, thermodynamics, electrical and electronic circuits, materials science, transport phenomena, and computer science (other than computer programming skills). Courses in engineering design stress the establishment of objectives and criteria, synthesis, analysis, construction, testing, and evaluation. In order to promote breadth, at least one engineering course outside the major disciplinary area is required.

      4. In addition, evidence of attainment of appropriate laboratory experience, competency in English, and understanding of the ethical, social, economic and safety considerations of engineering practice must be presented. As for competency in English, transcripts of course work completed, course content syllabi, testimonials from employers, college level advanced placement tests, Test of English as a Foreign Language (TOEFL) scores of at least 550 in the paper- based version, or 213 in the computer-based version, will be accepted as satisfactory evidence.

         
         

         CONCLUSIONS OF LAW

         
         

9. Pursuant to Sections 120.569 and 120.57(1), Florida Statutes,3 the Division of Administrative Hearings has

   jurisdiction over the parties to and the subject matter of this proceeding.

10. The statutory prerequisites for taking the licensure examination in the field of engineering are found in Section 471.013, Florida Statutes. Relevant rule provisions implementing the statutory prerequisites are found in the portions of Florida Administrative Code Rule 61G15-20.007, which are quoted above.

11. The Respondent concedes that the Petitioner has met all of the requirements of Florida Administrative Code Rule 61G15-20.007(2) with the exception of the requirements of paragraph (a) regarding higher mathematics and basic sciences. The Respondent also concedes that the Petitioner has met the requirements of paragraph (a) regarding the types of basic science courses that must be taken. The only remaining disputed issue concerns the Respondent's contention that the Petitioner has completed only 27 of the 32 semester credit hours in higher mathematics and basic sciences required by paragraph (a) of section (2) of Florida Administrative Code Rule 61G15-20.007. The five-credit hour deficiency can be satisfied by either courses in higher mathematics or by courses in basic sciences.

12. Assuming, without deciding, that the Silny evaluation of the Petitioner's undergraduate educational credentials is correct, the Petitioner can still show that he has completed

    sufficient course work in higher mathematics and basic sciences if the courses he completed during his graduate studies at Tongji University, at Auburn University, and at the University of Florida included at least five semester credit hours of coursework in either of those subject matters.

13. During his graduate studies at Tongji University, the Petitioner earned five semester credit hours for completing two higher mathematics courses: Applied Statistics and Numerical Analysis. If multiplied by the Silny 0.75 factor, those five semester credit hours are at least equivalent to 3.75 semester credit hours in an accredited engineering program in a university in the United States of America.

14. During his graduate studies at Auburn University, the Petitioner earned three semester credit hours for completing the higher mathematics course Finite Element Methods in Structural Mechanics. Because those three credits were completed in an accredited engineering program in the United States of America, there is no reason to reduce them by the Silny 0.75 factor. When the 3.75 semester credit hours discussed in the immediately preceding paragraph are added to the three semester credit hours discussed in this paragraph, it is clear that the Petitioner has completed the equivalent of 6.75 semester credit hours in higher mathematics since receiving his bachelor's degree. Such being the case, it must be concluded that the Petitioner has complied

with the educational requirements in Florida Administrative Code Rule 61G15-20.007(2) and is eligible to take the Fundamentals of Engineering examination.4

RECOMMENDATION

On the basis of the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued concluding that the Petitioner has met the requirements of Florida Administrative Code Rule 61G15-20.007, and is eligible to take the Fundamentals of Engineering examination.

DONE AND ENTERED this 29th day of March, 2006, in Tallahassee, Leon County, Florida.

S

MICHAEL M. PARRISH

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 29th day of March, 2006.

ENDNOTES

1/ Although Silny concluded that the Petitioner was deficient in the areas of humanities and social sciences, the Board found the Petitioner's educational credentials to be sufficient in

that regard. In its notice of denial letter of August 3, 2005, the Board advised the Petitioner, regarding the areas of humanities and social sciences: “This deficiency was considered satisfied based on your MS degree from the University of Florida.” (See also page 63 of the transcript of the hearing.)

2/ By reason of the recommended disposition of this proceeding, it is not necessary to decide here whether the Silny methodology for the evaluation of foreign educational credentials is logical, reliable, and fair. It is sufficient to note here that the evidence in this case suggests that the Silny methodology is overly simplistic in its approach and provides a basis for serious doubts as to whether the Silny methodology leads to results that are logical, reliable, and fair to the applicant.

3/ All references to the Florida Statutes are to the current version of the statutes unless otherwise specifically noted.

4/ Common sense would appear to support the same conclusion. Where, as here, in addition to an undergraduate degree in China, a student completes a master's degree in China and another master's degree at the University of Florida, there does not appear to be any logical basis upon which one could have any reasonable concerns as to whether such a student has received an engineering education substantially equivalent to an undergraduate degree in engineering at an accredited engineering program in the United States of America.

COPIES FURNISHED:

Lee Ann Gustafson, Esquire Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050

Zhong Zheng

4900 Bayview Drive, No. 17

Fort Lauderdale, Florida 33308

Garry W. Vermaas, Qualified Representative Ground Floor Engineering

3081 East Commercial Boulevard, Suite 102 Fort Lauderdale, Florida 33308

Paul J. Martin, Executive Director Board of Professional Engineers 2507 Callaway Road, Suite 200

Tallahassee, Florida 32303-5267

Doug Sunshine, Esquire

Vice President for Legal Affairs Florida Engineers Management Corp. 2507 Callaway Road

Tallahassee, Florida 32303-5267

Josefina Tamayo, General Counsel Department of Business and

Professional Regulation Northwood Centre

1940 North Monroe Street Tallahassee, Florida 32399-2202

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 05-004046

Orders for Case No: 05-004046