The Issue Whether Petitioner qualifies for licensure by examination as a psychologist.
Findings Of Fact From 1968 to 1972, Petitioner, Shirley Czukerberg (Czukerberg), attended Anahuac University in Mexico City, where she studied for the degree of Licentiate in Psychology. She left Anahuac University before receiving the degree. In 1973, Czukerberg received a Bachelor's of Arts degree in psychology from New York University in New York. In 1975, Czukerberg received a Master of Arts degree in psychology from New York University. In 1977, Czukerberg obtained the title of Clinical Psychology Specialist by completing a two-year, post-graduate program through the University of Costa Rica. In the post- graduate program in clinical psychology, students complete 40 credits of academic coursework and 20 credits of practice and training at a hospital. In 1978, Czukerberg obtained the title of Clinical Psychologist from the School of Physicians and Surgeons of Costa Rica. In 1991, Czukerberg published a book in Mexico City entitled Polvo de Anos (Dust of Years) about the coming of age in women. Czukerberg is highly regarded by the psychiatrist at her exempt-setting employment and by others familiar with her work. On June 21, 1995, Czukerberg submitted an application to the Respondent, Department of Health (Agency), formerly Agency for Health Care Administration, for psychologist licensure. By letter dated July 19, 1995, the Agency advised Czukerberg that her application had been received and that she needed to submit the following documentation: Transcripts for all graduate level coursework you completed. Transcripts must be sent directly to our office from the university(ies). We have received transcripts from: Education Coursework Sheet must be completed. ADDTIONALLY YOU MUST ATTACH A PHOTOCOPY OF THE COURSE DESCRIPTION FOR EACH COURSE. COURSE DESCRIPTIONS MUST BE PHOTOCOPIES FROM YOUR SCHOOL CATALOG. Program analysis form, completed and signed by the Chairman of the department in which your doctoral program was housed, even if your program was approved by the American Psychological Association. (from school) On August 31, 1995, staff of the Agency told Czukerberg that her file was still incomplete and that the only transcript that had been received was from New York University. Czukerberg was also advised that because she was a foreign student that she would need to have her educational credentials evaluated by a credentialing agency. On October 9, 1995, the Agency again sent Czukerberg a notice that her application was incomplete and that the documentation requested must be received by the Agency by December 18, 1995, for the April 17, 1996, examination. In addition to the information which had been previously requested the notice also stated: All foreign education must be accompanied by a certified English translation. In addition, please have a degree equivalency determination completed and submitted to this office by one of the certified credentialing agencies listed in the application previously sent to you. As of November 2, 1995, the Agency had not received the additional documentation. Czukerberg was again told that she needed to submit the documentation and that she needed to have her educational credentials evaluated. By letter dated January 23, 1996, the Agency sent Czukerberg a new application package to comply with the new application procedures, which required that verification of her educational credentials be made by the director of an APA accredited psychology program. The letter stated: What you must submit at this point to complete your file is your doctoral level transcripts, verification of your supervised experience as outlined in the application materials, and verification of whether or not your educational credentials were comparable to an APA approved program at the time of your graduation. I referred you to either Dr. Evelyn Diaz of the Miami Institute of Psychology or Dr. Frank DiPiano of Nova University for the review of your educational credentials as is now allowed by rule of the board. You are not restricted to either of the above for this review; you may have your educational credentials reviewed by the director of any doctoral psychology program accredited by the APA. Further information about this is included in application materials that are forthcoming. There is also the Domestic Violence form that must be submitted; instructions regarding that are on the form. Czukerberg retained Josef Silny & Associates, Inc. (Silny), to do an evaluation of her educational credentials. By letter dated September 6, 1996, Silny opined that "Ms. Czukerberg has the equivalent of four years of undergraduate study in Psychology at a regionally accredited U.S. institution of higher education." In a letter to the Agency dated September 9, 1996, Dr. Donald K. Routh, Director of Clinical Training for the Department of Psychology at the University of Miami, gave the following opinion on Czukerberg's educational credentials: In my opinion, Ms. Czukerberg has completed a course of training in clinical psychology equivalent to that offered by the University of Miami's APA-approved Ph.D. program in clinical psychology. The equivalence of her training to ours in terms of coursework, master's thesis, practicum and internship was obvious. The only question in my mind was whether she could be regarded as having completed the equivalent of a doctoral dissertation. I do believe that the book, Polvo de Anos, (the English translation of the title would be: "Dust of Years") published in 1991 by Editorial Diani, in Mexico City, is comparable in scope and contribution. In forming his opinion, Dr. Routh had not evaluated the level of difficulty of the courses taken by Petitioner, had not reviewed a syllabus from the University of Costa Rica, and had not read the book Czukerberg had written years after she had graduated from the University of Costa Rica. At the final hearing, Dr. Routh admitted that his opinion was equivocal. In 1997, while Czukerberg's incomplete application was still pending, the rules for establishing the equivalency of a degree from a foreign university were again amended. Czukerberg was advised that in addition to the other requirements outlined in the January 23, 1996, letter, the rule required an evaluation of educational credentials by a credential's evaluation service acceptable to the Agency. On March 21, 1997, the Agency received a letter from Czukerberg, along with several items including a portion of Silny's evaluation. Czukerberg expressed her hope that the Agency would soon review her application. As of May 2, 1997, Czukerberg's application was still incomplete. The Agency had not received the official transcript from the University of Costa Rica nor had it received verification of her supervision. The incomplete application was forwarded to the Agency's credentials committee, who tabled the matter for consideration by the full Board of Psychology. On June 6, 1997, the Agency voted to deny Czukerberg's application for licensure by examination. In a letter to Josef Silny & Associates, Inc., dated July 7, 1998, the Director of the Graduate Program in Clinical Psychology at the University of Costa Rica opined on the degrees that are awarded by the University of Costa Rica in Psychology and stated: In reply to your fax of 07-06-98, I proceed to answer the questions you ask me: The University of Costa Rica does not offer a Doctor Degree in the field of Psychology. There are Licentiate and Master Degree Programs in different areas of Psychology and Graduate Studies in Clinical Psychology. The University of Costa Rica offers Doctor in Philosophy Degrees in other sciences and two types of Masters Degrees: Academic and Professional. The first one emphasizes research in a specific area. The second emphasizes practical training in skills and abilities on a specific area. At the present time the Graduate degree in Clinical Psychology is equivalent to a Professional Master Degree, which is the highest degree a student can obtain in the field of Psychology. We are not aware if in other countries, due to the number of hours of practice and academic courses required, and the time dedicated to training, as I mentioned in my previous fax, said degree could be the equivalent to a Doctor of Clinical Psychology Degree. Furthermore, I would like to clarify that, in order to be accepted in the Graduate Program in Clinical Psychology, the Psychologist must have a Licentiate Degree in Psychology and be a member of the Association of Psychologists. Bachelor Degrees in Psychology are not accepted. In reply to Point 2, I insist on the following: Graduate studies in Clinical Psychology are the highest level studies that can be done in Costa Rica. There are no Doctor Degree Programs in any area of Psychology. After reviewing the correspondence from the University of Costa Rica, Silny re-evaluated Czukerberg's educational credentials and issued another report dated August 10, 1998, in which Silny gave the following opinion: In summary, it is the judgment of Josef Silny & Associates, Inc., International Educational Consultants, that Ms. Czukerberg [sic] education in Mexico and Costa Rica is the equivalent of four years of undergraduate study in Psychology, and completion of the U.S. degree of Master of Science in Clinical Psychology earned at a regionally accredited institution of higher education in the United States. The Agency accepts educational evaluations performed by Silny. The degrees which Czukerberg received from the University of Costa Rica are not equivalent to a Pys.D., an Ed.D. in psychology, or a Ph.D. in psychology.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered denying Shirley Czukerberg's application for licensure by examination for a psychologist. DONE AND ENTERED this 23rd day of November, 1998, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of November, 1998. COPIES FURNISHED: Dr. Kaye Howerton, Executive Director Board of Psychology Department of Health 1940 North Monroe Street Tallahassee, Florida 32399-0788 Angela T. Hall, Agency Clerk Department of Health Bin A02 2020 Capital Circle, Southeast Tallahassee, Florida 32399-1703 Donna Erlich, Esquire Office of the Attorney General Administrative Law Section The Capitol, Plaza 01 Tallahassee, Florida 32399-1050 Shirley Czukerberg, pro se 5809 Northwest 21st Way Boca Raton, Florida 33496
The Issue Whether Petitioner, who is employed as an occupational therapist by a local school board, is considered a “teacher” eligible for the 2015 State of Florida Best and Brightest Scholarship Program.
Findings Of Fact The 2015 Florida Legislature Appropriations Act created the Best and Brightest Teacher Scholarship Program, chapter 2015- 232, p. 27, Item 99A. The eligibility pre-requisites for applying to and being awarded the Scholarship (up to $10,000) were established in the Scholarship. The Scholarship provides as follows: Funds in Specific Appropriation 99A are provided to implement Florida's Best and Brightest Teacher Scholarship Program. The funds shall be used to award a maximum of 4,402 teachers with a $10,000 scholarship based on high academic achievement on the SAT or ACT. To be eligible for a scholarship, a teacher must have scored at or above the 80th percentile on either the SAT or the ACT based upon the percentile ranks in effect when the teacher took the assessment and have been evaluated as highly effective pursuant to section 1012.34, Florida Statutes, or if the teacher is a first-year teacher who has not been evaluated pursuant to section 1012.34, Florida Statutes, must have scored at or above the 80th percentile on either the SAT or the ACT based upon the percentile ranks in effect when the teacher took the assessment. In order to demonstrate eligibility for an award, an eligible teacher must submit to the school district, no later than October 1, 2015, an official record of his or her SAT or ACT score demonstrating that the teacher scored at or above the 80th percentile based upon the percentile ranks in effect when the teacher took the assessment. By December 1, 2015, each school district, charter school governing board, and the Florida School for the Deaf and the Blind shall submit to the department the number of eligible teachers who qualify for the scholarship. By February 1, 2016, the department shall disburse scholarship funds to each school district for each eligible teacher to receive a scholarship. By April 1, 2016, each school district, charter school governing board, and the Florida School for the Deaf and the Blind shall provide payment of the scholarship to each eligible teacher. If the number of eligible teachers exceeds the total the department shall prorate the per teacher scholarship amount. The Scholarship does not define the word “teacher.” Petitioner, who timely filed an application for the Scholarship, contends that she is a “teacher” and is therefore eligible for the award. Respondent and Intervenor contend that Petitioner is an occupational therapist, and, as such, she is not considered a “classroom teacher,” which is the target group that the Legislature intended for the teacher scholarship program to cover. Petitioner contends that even if the Scholarship is limited to “classroom teachers,” she meets the statutory definition of a “classroom teacher” and is therefore eligible to receive the Scholarship. It is undisputed that the 2015 Scholarship language is vague as to whether the Scholarship is limited to classroom teachers. In 2016, the Legislature made it clear that the award is intended to only cover “classroom teachers.” Legislation enacted in subsequent legislative sessions may be examined to ascertain legislative intent. See Crews v. Fla. Pub. Emp’rs Council 79, AFSCME, 113 So. 3d 1063, 1073 (Fla. 1st DCA 2013)(citing Dadeland Depot, Inc. v. St. Paul Fire & Marine Ins. Co., 945 So. 2d 1216, 1230 (Fla. 2006)). Recently, the Governor signed chapter 2016-62, Laws of Florida. Section 25 of chapter 2016-62 enacts section 1012.731, Florida Statutes, the Florida Best and Brightest Teacher Scholarship Program.1/ Section 1012.731(2) provides that the “scholarship program shall provide categorical funding for scholarships to be awarded to classroom teachers, as defined in s. 1012.01(2)(a), who have demonstrated a high level of academic success.” The Legislature's amendment of the language, just a year after the first appropriation, confirms that the Legislature intended the award to go to "classroom teachers," as defined in chapter 1012. Petitioner was hired by Respondent as an occupational therapist. She has worked as an occupational therapist for Respondent for approximately 17 years. Petitioner does not hold a Florida teaching certificate and her position as an occupational therapist does not require a Florida teaching certificate. Instead, Petitioner is licensed by the Florida Department of Health, which has jurisdiction over ethical violations committed by occupational therapists licensed in Florida. In her position as an occupational therapist, Petitioner reports to Respondent’s director of Pupil Support Services, who supervises all therapists within Sarasota County Public Schools. Petitioner’s stated job goal is “[t]o facilitate the handicapped student’s independent functioning in the school setting.” Petitioner’s performance responsibilities, as set forth in her job description, are to: Conduct appropriate evaluation of students referred for possible exceptional student education needs and prepare reports of the evaluation and findings. Plan intervention and service delivery programs to meet student’s individual needs. Implement and direct interventions essential to meeting targeted students’ needs. Provide information and consultative services to appropriate personnel in support of students with disabilities. * * * Establish schedules for meeting with students, conferencing with parents and assisting in rehabilitation techniques. Provide resources to all stakeholders involved in the evaluation, identification of student needs and rehabilitation of students. Petitioner delivers therapeutic services individually or in a small group setting, in a room assigned to her, or in a classroom, usually at the same time a teacher is delivering instruction to the entire class. Petitioner completes “lesson plans,” which are referred to in the therapy setting as “plans of care.” Plans of care differ in substance from lesson plans prepared by teachers because lesson plans set out a teaching plan for the entire class, whereas plans of care set out therapeutic goals and activities directed to one student that complies with the goals set forth in a student's Individualized Education Plan (IEP). As an occupational therapist, Petitioner is responsible for maintaining a “class roster,” which is referred to in the therapy setting as a “caseload.” Occupational therapists maintain a caseload for student accountability purposes and for Medicaid billing purposes. Petitioner’s therapy sessions are assigned a “700” course code, which correlates in the Florida Department of Education's course directory to “related services.” Joint Exhibit O is an example of courses offered to students by Respondent. The course list includes math, language arts, physical education, science, social studies, art, Chinese, music, and occupational therapy. Petitioner is listed as the “teacher” for the occupational therapy course. Unlike the other listed “teachers,” Petitioner is not instructing students in a subject area; she is delivering a service. See § 468.203(4)(b), Fla. Stat. (2015). Succinctly stated, the difference, in this context, between “occupational therapy” and the other listed “courses,” is that occupational therapy is not a subject area that a student learns about; it is a service that a student receives to help them to achieve independent functioning. Although listed as “course” by Respondent, occupational therapy, as compared to the other listed “courses,” is not a “course” within the meaning of section 1012.01(2)(a).
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Sarasota County enter a final order finding Petitioner ineligible for the Best and Brightest Teacher Scholarship Program. DONE AND ENTERED this 8th day of April, 2016, in Tallahassee, Leon County, Florida. S LINZIE F. BOGAN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 8th day of April, 2016.
Findings Of Fact Petitioner applied for licensure as a psychologist on or about June 26, 1984 and Petitioner's application was considered by the Board of Psychological Examiners (Board). Petitioner's application for licensure was denied by the Board on the basis that Petitioner's doctoral program was not comparable to an American Psychological Association (APA) approved program in that the biological bases of behavior was not a requirement of Petitioner's doctoral program as required by Rule 21U-11.06, Florida Administrative Code. The Board adopted Rule 21U-11.06, Florida Administrative Code and essentially codified the criteria for APA approved program for the first time in this rule. The rule took effect an April 5, 1984. The pertinent part of the rule is provided below. In order to be certified by the Board as eligible for examination pursuant to Section 40.005(1), Florida Statutes, an applicant must: Complete the application form and remit the examination fee set by rule of the Board. Submit proof of the completion of a doctoral degree with a major in psychology from a university or professional school that has a program approved by the American Psychological Association or a doctoral degree in psychology from a university or professional school maintaining a standard . of training comparable to those universities having programs approved by the American Psychological Association. For the purpose of determining whether an applicant's doctoral degree in psychology was received from a university or professional school maintaining a standard of training comparable to those universities having programs approved by the American Psychological Association the Board will apply the following criteria: Education and training in psychology must have been received in an institution of higher education accredited by one of the regional accrediting bodies recognized by the Counsel on Postsecondary Accreditation. The doctoral program must be publicly identified as a psychology program, and must specify in pertinent institutional catalogs and brochures its intent to educate and train psychologists. The psychology program must stand as a recognizable, coherent organizational entity within the institution. There must be a clear authority and pri mary responsibility for the academic core and speciality preparation, whether or not the program involves multiple administrative lines. The doctoral program must be an organized integrated sequence of study designed by the psychology faculty responsible for the program. There must be an identifiable psychology faculty. The program director must be a psy chologist. The program must have an identifiable body of students who are matriculated in that pro gram for a doctoral degree. The doctoral program must include super vised practicum and/or laboratory experiences appropriate to practice, teaching or research in psychology. The doctoral program shall require a minimum of: The equivalent of three full-time academic years of graduate study; Two academic years of the three shall be in full-time residence at the institution from which the doctoral degree is granted. The doctoral program shall require each student to demonstrate knowledge and use of scientific and professional ethics and standards, research design and methodology, statistics, psychological measurements, and history and systems of psychology. Further, the program shall require each student to demonstrate knowledge in the following subs tantive areas of psychology: Biological bases of behavior (e.g., physiological, psychology, comparative psychology, neuropsychology, psychopharmacology) Cognitive-affective bases of behavior (e.g., learning, memory, perception, cognition, thinking, motivation, emotion), Social bases of behavior (e.g., social psychology, cultural-ethnic and group pro cesses, sex roles, organization and systems theory), and Individual behavior (e.g., personality theory, human development, individual differ ences, abnormal psychology, psychology of women, psychology of the handicapped). (Emphasis supplied.) Rule 21U-11.06, Florida Administrative Code was adopted to implement Section 490.005, Florida Statutes (1983). The American Psychological Association Accreditation Handbook, Criteria For Accreditation of Doctoral Training Program and Internship in Professional Psychology (Handbook) adopted in January 1979 and amended in January 1980; sets out criteria that the doctoral programs must meet to be eligible for accreditation by APA and are listed below. Training in professional psychology is doctoral training offered in an institution of higher education accredited by one of the six regional accrediting bodies recognized by the Council of Postsecondary Accreditation (COPA). The program, wherever it may be administratively housed, must be clearly and publicly identified and labeled as a professional psychology program. A recognizable, coherent organizational entity must be responsible for the program. The faculty of the program must have clear authority and primary responsibility for all aspects of the program (even if the program cuts across institutional administrative lines). The program must include an integrated, organized plan of study and must ensure a breadth of exposure to the field of psychology. The program must include supervised practicum, internship, field, or laboratory training appropriate to the practice of psychology. There must be an identifiable psychology faculty and a psychologist responsible for the program. The program must have an identifiable body of students who are matriculated in that pro gram for a degree. The institution must demonstrate its commitment to the program by appropriate financial support. APA recognizes that certain principles are basic to sound training in professional psychology and requires that these principles be adhered to in an APA approved doctoral program. These principles are found in the Handbook under Training Models and Curricula, and in pertinent part are provided below. It is the responsibility of the faculty to integrate practice with theory and research early in the program. Students should form an early identification with their profession. Faculty should be available to demonstrate and model the behaviors that students are expected to learn. A close working relationship between faculty and student is essential. The foundation of professional practice in psychology is the evolving body of knowledge in the discipline of psychology. While programs will vary in emphasis and in available resources, sound graduate education in general psychology is therefore essential in any program. The curriculum shall encompass the equivalent of a minimum of three academic years of full time resident graduate study. Instruction in scientific and professional ethics and standards, research design and methodology, statistics, psychological measurement, and history and systems of psychology must be included in every doctoral program in professional psychology. The program shall, further, require each student to demonstrate competence in each of the following substantive content areas: biological bases of behavior (e.g., physiological psychology, comparative psychology, neuropsychology, sensation, psychopharmacology. cognitive-affective bases of behavior (e.g., learning, memory, perception, cognition, thinking, motivation, emotion), social bases of behavior (e.g., social psychology; cultural, ethnic, and group processes; sex roles; organizational and systems theory), and individual behavior (e.g., personality theory, human development, individual differences, abnormal psychology). (Emphasis supplied). The uncontroverted testimony of Dr. Perry was that competency in the area of biological bases of behavior is a fundamental requirement which a doctoral psychology program must require to properly train psychologists and the policy of the Board has been since its inception in 1981 that applicants for examination must have graduated from a program which required demonstration of competence in the foundation area of biological bases of behavior. There has been no standard criteria established for all the doctoral psychology programs of the state universities in the United States. There has been no standard criteria established for all the doctoral psychology programs of the state universities in Florida. Dr. Perry testified that he had not reviewed all the doctoral psychology programs of the state universities in Florida but that it was his belief that those programs were comparable to APA approved doctoral psychology programs. Based on Dr. Perry's service with the Board, he testified that the Board is not concerned with whether the doctoral psychology programs of the state universities of Florida are comparable with APA approved doctoral psychology programs when the applicant has graduated from one of the state universities of Florida.
Findings Of Fact As of the end of July, 1983, Petitioner had completed all the course work required for her master's degree in counseling psychology at Wheaton College. She had not, however, taken and passed a mandatory test in the New Testament required by the college of all degree candidates prior to award of the degree earned. This test in no way concerned any academic matters relating to her specialty but was strictly limited to a knowledge of the New Testament. At the time, Petitioner had satisfactorily completed all the academic courses relating to her specialty. Because of her failure to take and pass this test, however, she was not awarded her degree at that time. Petitioner took the required test in October, 1987 and was found to have passed it and to have met all requirements for her master's degree on February 8, 1988. However, because Wheaton College does not date or award degrees until the next regularly scheduled commencement exercise, she was not actually awarded the master's degree until May 12, 1988. Transcripts of course work completed indicate Petitioner has completed more than 21 hours of graduate work with course content in human development theory and personality thereof, psychotherapy, and abnormal psych-personality courses. However, she did not offer any official course outlines, course descriptions, or course syllabi or any testimony, outside her own, to indicate that her course work meets the requirements of the statute and the Board's rule indicating the necessary course work. Petitioner has worked under the supervision of Dr. Vinod K. Bahtnagar, a Board certified psychiatrist, since June 1, 1987. Dr. Bahtnagar's credentials meet the requirement set forth in the statute and rules. The degree of supervision is also acceptable. Upon completion of her course work at Wheaton College, Petitioner interned at the Manatee Mental Health Center and then worked as a counselor there for two years. From there she went to Sarasota Palms hospital for several years where she worked under Dr. Bahtnagar's supervision and since 1987, she has worked directly for the Doctor. In each of her working years, she worked more than 1500 hours of which at least 750 was face to face dealings with clients.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that Petitioner's application for licensure as a mental health counselor by examination be denied. RECOMMENDED this 27th day of March, 1989 at Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of March, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 88-5247 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. FOR THE PETITIONER Accepted and incorporated herein.* Accepted and incorporated herein.* Accepted and incorporated herein. Accepted and incorporated herein. Not a Finding of Fact but a comment on the evidence. Rejected as not established. Accepted and incorporated herein. Accepted. Accepted and incorporated herein. Accepted and incorporated herein. Accepted and incorporated herein. *This does not concede Petitioner's course work meets the statute or rule requirements. FOR THE RESPONDENT Accepted. Accepted. Accepted. Accepted and incorporated herein. Accepted and incorporated herein. Accepted and incorporated herein. Accepted and incorporated herein. Accepted and incorporated herein. Accepted and incorporated herein. COPIES FURNISHED: Robert L. Moore, Esquire Kanetsky, Moore & DeBoer, P. A. P.O. Box 1767 227 Nokomis Avenue South Venice, Florida 34285 David M. Maloney, Esquire Asst. Attorney General Suite 1603, The Capitol Tallahassee, Florida 32399-1050 Kenneth A. Easley, Esquire General Counsel DPR 130 North Monroe Street Tallahassee, Florida 32399-0750 Linda Biederman Executive Director Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue The ultimate issue to be resolved in this proceeding is whether the Petitioner should be awarded a doctor of education degree by Florida State University. Petitioner contends that he properly completed the requirements for the degree, that a valid offer of the degree was made to him, that he accepted the offer, and that the degree was then wrongfully withheld. The university contends that Petitioner did not meet the requirements for the degree and that no valid, enforceable offer of it was made to Petitioner.
Findings Of Fact In 1976, Petitioner was admitted into the doctoral program in biology at Florida State University. He applied to transfer to the science education program and was admitted to the doctoral program in science education within the College of Education at Florida State University on June 24, 1977. He was pursuing a doctor of philosophy (Ph.D.) degree. Among the requirements that Petitioner needed to meet in order to receive the degree were successful completion of a diagnostic examination, completion of thirty-six resident hours of course work, course work in the field of statistics, a preliminary examination, approval of a prospectus for a doctoral dissertation, and presentation of an acceptable dissertation and a successful dissertation defense. Following his admission into the Ph.D. program in science education, a supervisory committee was established for the Petitioner, and a major professor was appointed. It was the major professor's and supervisory committee's function to monitor Petitioner's progress and ultimately to make a recommendation as to whether petitioner should be awarded a degree. By November 7, 1980, Petitioner had completed all of the requirements for a Ph.D. degree except for the presentation of his dissertation and the dissertation defense. These were scheduled to be conducted by the supervisory committee on November 7, 1980. Petitioner had been advised by at least two members of the committee that he might not be ready to present and defend his dissertation. Petitioner felt that he was. On November 7, 1980, Petitioner met with his supervisory committee and presented and defended his dissertation. After his presentation, Petitioner left the room, and the committee evaluated the dissertation and defense. The committee unanimously concluded that the dissertation and defense were inadequate. The dissertation was not marginally inadequate. It was grossly below standards. The committee unanimously and appropriately concluded that the dissertation and defense were not acceptable, and that Petitioner had not met the requirements for a Ph.D. degree. Petitioner's major professor felt that the Petitioner had devoted considerable time, energy, and hard work to the degree program. He was concerned that the effort not be totally wasted. He requested that the committee consider accepting the dissertation as adequate for the award of a doctor of education (Ed.D.) degree or a "master's specialist" degree, and that the committee recommend that Petitioner be awarded one of those degrees or that he be allowed to continue working toward a Ph.D. degree. None of the members of the supervisory committee had had experience with the Ed.D. degree. They all considered it an inferior degree and felt that awarding it to Petitioner would constitute something of a "consolation prize." In fact, an Ed.D. degree from Florida State University is not intended to be an inferior degree. Its focus is somewhat different, but the requirements for obtaining the degree are basically the same. The committee was mistaken in considering the offer of such a degree to Petitioner. Indeed, the requirements for an Ed.D. degree being similar, and in some cases identical to those for the Ph.D. degree, Petitioner had not qualified for the award of an Ed.D. degree. After the committee adjourned its proceedings on November 7, Petitioner's major professor discussed the committee's actions with Petitioner. He told Petitioner that pending proper approval, Petitioner would have the options of continuing to work toward a Ph.D. degree, or receiving an Ed.D. or master's specialist degree. It appears that the major professor was overly sensitive about the Petitioner's feelings, and he may not have bluntly advised Petitioner that he failed his dissertation, presentation, and defense. Petitioner considered his options and told his major professor that if it was possible, he would be amenable to accepting an Ed.D. degree. The major professor contacted administrative officials and was advised that the award of an Ed.D. degree would be possible. The major professor advised the Petitioner of that and told him that pending approval from the department chairman who had charge of the science education program, Petitioner could receive the Ed.D. degree. The major professor also advised Petitioner that some revisions would need to be made in the dissertation and that the title page would need to be retyped in order to reflect that it was being submitted in support of an Ed.D. degree. Petitioner complied with the direction to retype the first page, but made only minor revisions in the dissertation. Members of the supervisory committee signed off on the dissertation as being acceptable in support of an Ed.D. degree. The matter was submitted to the department chairman. The department chairman read the dissertation and concluded that it was grossly inadequate. He determined that he would not authorize the award of an Ed.D. degree because Petitioner would need to be properly accepted into an Ed.D. program before he could be awarded such a degree, and additionally because he considered the dissertation inadequate to support an Ed.D. degree. This action was communicated to the supervisory committee. The committee met again and determined that since the Ed.D. degree could not be awarded, that Petitioner should be given failing grades for the dissertation, presentation, and defense. Prior to the department chairman's review of the dissertation, Petitioner had paid his fees and was anticipating being awarded an Ed.D. degree. Since it was not approved by the department chairman, the degree was not awarded. Thereafter, the Petitioner opted not to apply to have his work considered in support of an Ed.D. degree or master's specialist degree. He continued working toward a Ph.D. degree for approximately six months. Ultimately, he decided to drop out of the program, and he initiated this proceeding.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby, RECOMMENDED: That a final order be entered by Florida State University denying Petitioner's application for award of an Ed.D. degree and dismissing the Petition for Administrative Hearing. RECOMMENDED this 24th day of January, 1983, in Tallahassee, Florida. G. STEVEN PFEIFFER Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of January, 1983. COPIES FURNISHED: John D. Carlson, Esquire Woods, Johnston & Carlson 1030 East Lafayette Street Suite 112 Tallahassee, Florida 32301 Patricia A. Draper, Esquire Charles S. Ruberg, Esquire Florida State University Suite 311, Hecht House Tallahassee, Florida 32306 Dr. Bernard F. Sliger President Florida State University 211 Westcott Tallahassee, Florida 32306
Findings Of Fact By letter dated February 4, 1976, the Board denied the Petitioner's application for licensure as a psychologist in the State of Florida (Petitioner's Exhibit 1). As grounds for its denial the Board stated that the Petitioner's doctoral degree does not meet the requirements of Florida Statutes Chapter 490.19(1)(d). Petitioner received a master's degree in clinical psychology from the University of Tennessee, Knoxville, Tennessee in March, 1949. A transcript of the Petitioner's record at the University of Tennessee was received in evidence as Petitioner's Exhibit 2. Petitioner took two academic quarters of course work at the University of Tennessee, Knoxville, and two quarters at the University of Tennessee, Memphis, School of Medicine, Department of Psychiatry. While at Knoxville the Petitioner completed, inter alia the following courses: Philosophy 401, a course in esthetics; Psychology 431 and Psychology 432, courses in clinical psychology with an emphasis on testing materials; and Psychology 542, a course in advanced statistics. While at Memphis the Petitioner completed the following courses: Psychiatry 403, a course in fundamentals of human behavior; Psychology 461, a course in applied psychological psychology; Psychology 651, a course in which clinical practices were demonstrated and discussed; Psychology 681, a practicum course in testing, diagnosis, and evaluation of patients at the psychiatric hospital; Psychology 594, a course in advanced testing techniques; and Psychology 682, an additional practicum course. In addition to the course material Petitioner completed a thesis, and oral examinations. The Petitioner then completed an internship at the University of Tennessee, Department of Psychiatry, which is called the Gailor Psychiatric Hospital. Following her internship the Petitioner joined the staff at the Gailor Psychiatric Hospital, where she worked for four years. During the fall of 1967 the Petitioner attended George Washington University. A transcript of her record at George Washington University was received in evidence as Petitioner's Exhibit 4. Petitioner took the following courses: Learning Problems and Disabilities, a course on how to teach and handle misbehaving, disturbed children; and the Adolescent in School and Work, a course dealing with behavioral adjustment of adolescents. Before she could complete a degree program at George Washington, the Petitioner's husband was relocated, and she moved to Las Alamos, New Mexico. During 1970 the Petitioner enrolled in the University of New Mexico in Albuquerque, New Mexico. Petitioner entered the College of Education, Department of Guidance and Counselling. Petitioner was seeking a degree in clinical psychology. There is a Department of Psychology at the University of New Mexico, but the program in that department dealt almost exclusively with experimental psychology, a program in which the Petitioner had no interest. The transcript of the Petitioner's record at the university of New Mexico was received in evidence as Petitioner's Exhibit 5. During the spring academic quarter of 1970, the Petitioner took a workshop course which focused upon working with children who have learning disabilities. During the summer academic quarter of 1970 Petitioner took a course dealing with the treatment of special education children in the regular classroom, and a seminar which dealt with education and treatment of neurologically impaired children. During the fall, 1970 academic quarter Petitioner took a course in group techniques for guidance; a course dealing with the education of emotionally disturbed children; and an advanced course dealing with education and treatment of neurologically impaired persons. During the spring academic quarter, 1971 the Petitioner took a course in techniques of counselling, an advanced practicum course in guidance and counselling, and an additional course in working with physically and neurologically impaired persons. During the summer quarter, 1971 Petitioner took a course titled "Research Design and Statistics". During the fall quarter of 1971, the Petitioner took a course on techniques of parent and teacher counselling, and a course on advanced theories of counselling and psychotherapy. During the spring quarter of 1972, the Petitioner took an additional advanced practicum in counselling and guidance. In addition to her course work the Petitioner completed a dissertation. The Petitioner's dissertation was a study of the way school counsellors view their work, both as they actually perform it and as they ideally perceive it; and the way students view what counsellors do, both in reality and ideally. Petitioner received a Doctor of Philosophy degree from the University of New Mexico. Her degree was labeled a degree in Pupil Personnel Services, which is an umbrella degree for all doctoral programs in the School of Education. Petitioner's major field of study was titled Counselling Psychology. No program in the University of New Mexico School of Education was approved by the American Psychological Association at the time that Petitioner was at the University of New Mexico, and no program has been approved since that time. The course of study undertaken by the Petitioner at the University of New Mexico is not a program with a standard of training comparable to universities having programs approved by the American Psychological Association. Petitioner's program was primarily limited in scope to one specific facet of a general program in psychology, that being school guidance and counselling. Some of the courses taken by the Petitioner included aspects of a general course in psychology, but the courses were not designed to provide a comprehensive background in psychology. The post-graduate programs pursued by the Petitioner prior to her enrolling in the University of New Mexico do not adequately fill the void. Petitioner's course work at the University of Tennessee, and at George Washington University does not provide her with a comprehensive academic background in psychology.
The Issue Whether Respondent, University of Central Florida (“UCF”), engaged in a discriminatory employment practice and/or retaliated against Petitioner, Michael Flint.
Findings Of Fact UCF is a state university located in Orlando, Florida, with an enrollment of about 60,000 undergraduate students and 10,000 graduate students. Mr. Flint is a 71-year-old Vietnam combat veteran who suffers from post-traumatic stress disorder (“PTSD”), chronic fatigue, bipolar disorder, traumatic brain injury (“TBI”), and diabetes. He spent 30 years as a police officer. He graduated from Yale University with a degree in Psychology and, in 2002, obtained a master’s degree in Criminal Justice from UCF. Mr. Flint is currently a full-time instructor at UCF in the Criminal Justice Department and has held that position for over 15 years. In 2006, Mr. Flint learned that some faculty members were taking doctoral classes for free pursuant to a UCF policy. Like other state workers, UCF allowed its employees (and their spouses and children) to take up to six credit hours per semester for free so long as the course had an open seat and did not cost the school money. The privilege also applied to coursework towards a doctoral degree, though employees had to pay for their required dissertation credit hours. Mr. Flint believed that obtaining his doctorate degree would make him a better instructor and ensure he had cutting edge knowledge in his teaching field. But, he understood that pursuing this degree was both completely independent from and secondary to his full-time faculty position. Indeed, UCF neither encouraged nor required him to pursue a doctorate degree, as a condition of continued employment or for training, job security, or advancement purposes. His job as a full-time instructor would remain unaffected by the classes he took. The process for obtaining a doctorate degree is rigorous. First, students must complete their coursework, which often takes about two years, and pass a set of comprehensive exams. Then, they decide on their area of research and choose a dissertation committee, which is typically comprised of five faculty members: a chair, often with expertise in the student’s area of research, and four other faculty members, one or two within the student’s area of research and one or two outside of that area. Next, they draft a prospectus outlining the focus of the research, which has to be approved by and defended before the committee, after which they conduct intense research for about a year. Students then complete their dissertation, which must be approved by and defended before the committee. If successful, they are approved to graduate. Like most universities, UCF follows the seven-year rule, which required all doctoral students to complete their degrees within seven years of admission so as to ensure that the research and coursework does not become stale. Although exceptions could be granted, they are discretionary academic decisions based on the circumstances of the particular student. Exceptions beyond ten years are extremely rare and, of those granted such an exception, only about half ultimately graduated. Understanding that pursuing this degree would be secondary to his full-time job and that he had to complete the process in seven years, Mr. Flint applied for and was accepted into the PAF Program in the College of Health and Public Affairs (“COHPA”). He began his doctoral coursework in August 2006. From 2006 through 2009, Mr. Flint worked full-time teaching five to six courses in the Fall and Spring semesters and three to four courses in the Summer semesters. During this same period, he took about one to two substantive courses towards his degree for free each semester, although he backed off his coursework (with approval from Dr. Thomas Wan, the PAF Program director at the time) for a brief period when his wife was diagnosed with cancer. However, in late 2009, Mr. Flint developed Guillain- Barre Syndrome (“GBS”), which caused him to be hospitalized, placed on life support for almost two months, after which he spent an additional six months at home recovering. While in the hospital, he developed diabetes. He also developed chronic fatigue syndrome, from which he continues to suffer years after his recovery. UCF placed him on administrative medical leave from his teaching responsibilities for Spring and Summer 2010, but he resumed teaching a full course load in Fall 2010 and has continued to do so ever since. As for his doctorate degree, Mr. Flint requested a special leave of absence from CGS, which oversaw all of the graduate programs across the university. CGS granted the request and placed a hold on his enrollment for all of 2010. Mr. Flint returned to taking classes in Spring 2011 and completed his substantive coursework in Fall 2011. Still teaching full-time each semester, Mr. Flint moved on to the comprehensive exam phase of his studies. He studied for those exams in 2012 and passed them after one unsuccessful attempt in Fall 2013. Although the average student finished their coursework and exams in about two years, it took Mr. Flint seven years. While continuing to meet his full-time teaching obligations, Mr. Flint spent 2013 and 2014 trying to conduct dissertation research and prepare his prospectus, now having to pay for those credit hours. His dissertation committee initially consisted of Dr. Bob Langworthy, as chair, and Dr. Matt Matusiak, Dr. Jeff Rosky, and Dr. Sophia Dziegielewski. However, by Fall 2014, Mr. Flint had not yet submitted his prospectus to his committee. Ranetta Guinn, the director of Graduate Affairs for COHPA, met with him because it had been over seven years since he began the program. They created a timeline for finishing his prospectus by March 2015, defending it by May 2015, and defending his dissertation by April 2016. Ms. Guinn explained that he would need to apply for an exception from CGS to extend the deadline to ten years. Unfortunately, around the same time, Dr. Langworthy retired and Mr. Flint had to find a replacement chair for his committee. Dr. Dziegielewski ultimately agreed to serve as the chair, but that required Mr. Flint to find another faculty member in his area of expertise to serve on the committee. Dr. Cory Watkins ultimately agreed. In March 2015, Mr. Flint petitioned CGS to extend the graduation deadline to ten years based on his 2009 GBS diagnosis, chronic fatigue, diabetes, and his disability rating as a combat veteran. He did not inform CGS, or anyone else at UCF, about his PTSD, bipolar disorder, or TBI. Dr. Dziegielewski wrote a letter supporting his petition based on a Summer 2016 graduation. The director of the PAF Program also wrote a supporting letter based on his medical issues and recent setback in having to find a new committee chair. In April 2015, CGS approved the petition and extended the deadline for Mr. Flint to graduate through Summer 2016. The letter noted that no further petitions would be considered. At the time, Mr. Flint believed it was a reasonable accommodation and that he would be able to meet the timeline, but ultimately was unable to do so. He did not defend his prospectus until January 2016, though he was supposed to complete that task by May 2015. He began drafting his dissertation in the Spring 2016 (again, having to pay for those credit hours), but did not timely defend it by May 2016. Notwithstanding, he was permitted to continue working in the hopes he could defend and graduate by the end of 2016. When Mr. Flint had not yet submitted his dissertation in October 2016, he informed Dr. Dziegielewski that he was struggling with his normal workload, periodic illnesses, and chronic fatigue but would try to finish. But he did not petition CGS for another exception. He also failed to notify her or anyone else at UCF about his PTSD or bipolar disorder.2/ Because he ultimately failed to submit even a draft of his dissertation, he received an unsatisfactory dissertation grade for the Fall 2016 semester. In January 2017, CGS dismissed Mr. Flint from the PAF Program. He filed an appeal to be reinstated but the grievance committee, limited to the issue of whether CGS followed proper procedure in reaching its decision, denied relief in March 2017. While his appeal was pending, Mr. Flint submitted a draft of his dissertation. Upon review in March/April 2017, his committee members generally believed that it was almost ready and that he could complete his revisions and defend it in Fall 2017 or Spring 2018 at the latest. However, the PAF Program director confirmed nothing could be done because the draft was not then defensible, no more extensions could be given, and his appeal already had been denied. Notwithstanding his dissertation issues, Mr. Flint met his full-time teaching obligations throughout this period. He never asked for leave or a reduced schedule to have more time to devote to his studies. He taught consistently each summer to earn additional compensation, though doing so was not required, instead of focusing his attention on his studies. Even when his supervisor asked him to take a certification course on top of teaching in Fall 2016, he did not even think to ask if he could delay that course for a semester so he had more time to finish his dissertation. He also could have reduced his teaching load that semester by one course to account for the certification class, but chose not to do so. Mr. Flint was clearly a devoted employee who made his teaching position his main priority. Unfortunately, the combination of putting his studies second and the many medical conditions from which he suffered caused him to fail to meet the extended deadlines and to be dismissed from the PAF Program. Mr. Flint then filed a complaint with the Commission, alleging that UCF wrongfully dismissed him from the PAF Program and retaliated against him based on his age and handicaps. To establish that UCF discriminated against him, Mr. Flint presented the testimony of two other UCF faculty members, Robert Wood, Esquire (62 years old), and Abby Milon, Esquire (59 years old), who believed UCF had taken adverse employment actions against them and other older faculty members relating specifically to their teaching positions, such as reducing their course loads. However, neither of them were in a doctorate program like Mr. Flint and, moreover, their complaints related solely to their jobs as faculty members. Conversely, Mr. Flint suffered no such adverse actions relating to his job as a faculty member. He could not complain about the way UCF treated him in that role, even after he challenged his dismissal from the PAF Program, as that academic decision did not adversely impact his faculty position. He also is still permitted to take up to two courses for free per semester at UCF, just as he was before. Both UCF and Mr. Flint also presented the testimony of several UCF faculty members involved in Mr. Flint’s studies, from his committee members to PAF Program directors to the associate dean of CGS. Every such witness who testified about Mr. Flint’s dismissal confirmed that the decision was based on his failure to meet the agreed-upon extended deadlines and that his age and handicaps, most of which were unknown to the decision makers, had nothing to do it. Though his committee members confirmed that they were supportive of him being given a chance to graduate, they acknowledged that CGS made the final decision, that he had not adhered to the deadlines after they were extended, and that it was quite rare for any student (young or older, healthy or sick) to graduate beyond the ten-year mark.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order finding that Petitioner, Michael Flint, failed to establish that Respondent, University of Central Florida, committed an unlawful employment practice against him and dismissing his Petition for Relief. DONE AND ENTERED this 17th day of June, 2019, in Tallahassee, Leon County, Florida. S ANDREW D. MANKO Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of June, 2019.
Findings Of Fact Petitioner is a longtime Florida resident, having moved to the state when she was five, and thereafter was reared and educated in Dade County Florida. Petitioner received an AA degree from Dade County Junior College, a BA from Florida Atlantic University in Boca Raton, Florida, and a Masters Degree from Lone Mountain College in San Francisco, California via an external program based in the Miami/Dade area. In pursuit of a Ph.D. in psychology, Petitioner applied to Union was accepted and matriculated there from 1981 through 1953, and received her Ph.D. in psychology on June 29, 1953. Upon receipt of her Ph.D. degree in psychology, Petitioner was required to fulfill a one-year post-doctoral supervision prior to applying for certification to take the psychology licensure examination. Section 490.005, Florida Statutes (1953). Petitioner satisfied this requirement from June 30, 1953 to June 30, 1954 by engaging in psychotherapy under the supervision of Dr. Ted Aidman. Petitioner then applied to the Board for certification to take the psychologist licensure examination. Petitioner applied to take the examination under the provisions of Section 490.OO5(1), Florida Statutes (1953) and in pertinent part is quoted below: Any person desiring to be licensed as a psychologist shall apply to the department to take the licensure examination. The department shall license each applicant who the board certifies has: * * * (b) Submitted proof satisfactory to the Board that he has received a doctoral degree with a major in psychology from a university or professional school that has a program approved by the American Psychological Association or that he has received a doctoral degree in psychology from a university or professional school maintaining a standard of training comparable to the standards of training of those universities having programs approved by the American Psychological Association or the doctoral psychology programs of the state universities. The Board adopted Rule 21U-11.06, Florida Administrative Code, to implement Section 490.005, Florida Statutes (1983) and essentially codified the criteria for American Psychological Association (APA) approved programs for the first time in this rule. The rule took effect on April 5, 1984. The pertinent part of the rule is quoted below: In order to be certified by the Board as eligible for examination pursuant to Section 490.005(1), Florida Statutes, an applicant must: * * * Submit proof of the completion of a doctoral degree with a major in psychology from a university or professional school that has a program approved by the American Psychological Association or a doctoral degree in psychology from a university or professional school maintaining a standard of training comparable to those universities having programs approved by the American Psychological Association. For the purpose of determining whether an applicant's doctoral degree in psychology was received from a university or professional school maintaining a standard of training comparable to those universities having programs approved by the American Psychological Association the Board will apply the following criteria: (emphasis supplied) Education and training in psychology must have been received in an institution of higher education accredited by one of the regional accrediting bodies recognized by the Counsel on Postsecondary Accreditation. * * * 5. The doctoral program must be an organized, integrated sequence of study designed by the psychology faculty responsible for the program. The American Psychological Association Accreditation Handbook, Criteria For Accreditation of Doctoral Training Program and Internship in Professional Psychology (Handbook), adopted in January 1979 and amended in January 1950, sets out criteria that the doctoral programs must meet to be eligible for accreditation by APA and in pertinent part are listed below: A. Training in professional psychology is doctoral training offered in an institution of higher education accredited by one of the six regional accrediting bodies recognized by the Council of Postsecondary Accreditation (COPA). * * * The faculty of the program must have clear authority and primary responsibility for all aspects of the program (even if the program cuts across institutional administrative lines). The program must include an integrated, organized plan of study and must ensure a breadth of exposure to the field of psychology. In the Introduction of A Handbook of Accreditation (Petitioner's Exhibit 7, page 1) accreditation is defined as both a process and a result and in pertinent part is quoted below: As a process, it is a form of peer review in which educational institutions establish a set of criteria and procedures by which they and their fellows are judged. As a result, it is a form of certification by which the qualify of an educational institution, as defined by the accrediting body's criteria, is affirmed. The forms of Affiliations are discussed in A Handbook of Accreditation and in pertinent part quoted below: Postsecondary educational institutions may be affiliated with the Commission on Institutions of Higher Education, and through it with the Association, in either two ways. One is membership, which is synonymous with accreditation; the other is candidacy, a preaccreditation status. [page 3] . . . an institution continues its candidacy for accreditation for a fixed period of time - usually no longer than six years - until it either fulfills the Criteria for Accreditation or has its affiliation with the Commission terminated. [page 3] . . . Candidacy indicates that an institution meets the Criteria for Candidacy for Accreditation and is progressing toward accreditation; it does not, however, auto- matically assure eventual accreditation . . . [page 3, 4] The North Central Association of Colleges and Schools' evaluative criteria for candidacy highlight that such standards differ from accreditation standards. A Handbook of Accreditation explains the second evaluation criteria as follows: This criteria differs from the second evaluative criterion for accreditation in that it speaks of a candidate's accomplishing its immediate purposes. The difference is meant to acknowledge that a candidate is not yet fully developed to the point at which it has the ability to accomplish all of its purposes. [page 19] The fourth criteria for candidacy status indicates that candidacy status is not equivalent to accreditation. The fourth evaluative criteria reads in pertinent part: 4. The institution has the potential to achieve accreditation within the candidacy period. In making this judgment, the candidate's present condition, its plans and its timetable for developing to the point where it meets the Criteria for Accreditation must be examined. Candidacy is of a limited duration, and the Commission seeks to determine through this criterion that the candidates current plans are likely to allow it to achieve accreditation within this limited period. [page 20] Union received formal accreditation on February 25, 1985 by the North Central Association for Colleges and Schools, Commission on Institution of Higher Education ("Commission"), a regional accrediting body recognized by the Counsel on Postsecondary Accreditation. During Petitioner's matriculation at Union, and at the time she graduated, Union was in a candidacy status or a preaccreditation status. Union was in candidacy status from 1979 to 1985, a period of six (6) years which is considered the maximum period without special Commission action for extension. Union had to satisfy all thirteen (13) general institutional requirements and all four (4) evaluative criteria to be granted candidacy status. To achieve accreditation, Union had to sustain and maintain the same thirteen (13) institutional requirements and satisfy a similar, but different group of four (4) evaluative criteria. The same general institutional requirements and basically the same evaluative criteria are required for both candidacy status and accreditation but candidacy and accreditation are not the same. In candidacy status the institution is trying to assure the Commission of its ability, financial and otherwise to maintain a viable program. In accreditation the certification has been affirmed. No evidence was presented to show that APA, in its approval process, would substitute candidacy status for accreditation status. In fact the evidence was conclusive that regional accreditation was an important standard and a reasonable criterion in the evaluation and approval of psychology programs by the APA. The evidence is clear that the accreditation requirement of the rule in question is comparable to the requirement of regional accreditation by APA in its approval process. To demonstrate that a program is able to produce qualified health professionals the APA requires that a program must articulate what the program is and what that program requires. A pertinent section in the Handbook under Training Models and Curricula, page 5, is quoted below: C. The foundation of professional practice in psychology is the evolving body of know- ledge in the discipline of psychology. While programs will vary in emphasis and in available resources, sound graduate education in general psychology is therefore essential in any program. The curriculum shall encompass the equivalent of a minimum of three academic years of full-time resident graduate study. Instruction in scientific and professional ethics and standards, research design and methodology, statistics, psychological measurement, and history and systems of psychology must be included in every doctoral program in professional psychology. . . (emphasis supplied) The requirement of a sequenced course of study is an important and essential criteria of the APA in the training of a psychologist. The evidence is clear that the requirements of Rule 21U- 11.06(1)(b)5., Florida Administrative Code, are comparable to the standards for APA approval of a doctoral program with regard to the design of study by the faculty even though the language "sequence of study" does not appear in the APA standards. Dr. Charles A. Brownfield graduated from Union, Antioch College receiving his Ph.D. in psychology on October 1, 1971 and was licensed by the Florida State Board of Examiners in 1973 under a statute with language similar to that of Section 490.005(1)(b), Florida Statutes (1983). The evidence is insufficient to show that APA was approving doctoral psychology programs in 1971 or, if it was, whether the standards used at that time were the same as those standards adopted by APA in 1979 and amended in 1980. The statute under which Dr. Brownfield was licensed was repealed, effective July 1, 1979, by Chapter 77-457, Section 1, Laws of Florida and he was then licensed by exception under the new statute in 1982. The evidence is insufficient to show that any person graduating from Union between 1979 when APA adopted its standards for approving doctoral psychology programs and the effective date of the rule on April 5, 1984 was permitted by the Board to take the examination for licensure.
The Issue Whether Petitioner, David Oness, is eligible to receive the remuneration from the 2015 state of Florida Best and Brightest Scholarship program.
Findings Of Fact Mr. Oness is employed by the SCSB and is in his 11th year as a teacher at Sarasota High School. The 2015 Florida Legislature Appropriations Act created the Best and Brightest Teacher Scholarship Program (the scholarship), chapter 2015-232, p. 27, Item 99A. The eligibility pre-requisites for applying to and being awarded the scholarship (up to $10,000) were established in the scholarship. The scholarship provided the following: Funds in Specific Appropriation 99A are provided to implement Florida's Best and Brightest Teacher Scholarship Program. The funds shall be used to award a maximum of 4,402 teachers with a $10,000 scholarship based on high academic achievement on the SAT or ACT. To be eligible for a scholarship, a teacher must have scored at or above the 80th percentile on either the SAT or the ACT based upon the percentile ranks in effect when the teacher took the assessment and have been evaluated as highly effective pursuant to section 1012.34, Florida Statutes, or if the teacher is a first-year teacher who has not been evaluated pursuant to section 1012.34, Florida Statutes, must have scored at or above the 80th percentile on either the SAT or the ACT based upon the percentile ranks in effect when the teacher took the assessment. In order to demonstrate eligibility for an award, an eligible teacher must submit to the school district, no later than October 1, 2015, an official record of his or her SAT or ACT score demonstrating that the teacher scored at or above the 80th percentile based upon the percentile ranks in effect when the teacher took the assessment. By December 1, 2015, each school district, charter school governing board, and the Florida School for the Deaf and the Blind shall submit to the department the number of eligible teachers who qualify for the scholarship. By February 1, 2016, the department shall disburse scholarship funds to each school district for each eligible teacher to receive a scholarship. By April 1, 2016, each school district, charter school governing board, and the Florida School for the Deaf and the Blind shall provide payment of the scholarship to each eligible teacher. If the number of eligible teachers exceeds the total the department shall prorate the per teacher scholarship amount. Mr. Oness timely filed an application to participate in the scholarship. Mr. Oness was evaluated as “highly effective” pursuant to section 1012.34, Florida Statutes. Mr. Oness was raised and educated in Canada. Mr. Oness did not take either the ACT3/ or the SAT4/ when he went to college, as it was not necessary in Canada. Mr. Oness took the ACT in Las Vegas, Nevada, on September 12, 2015. On “The ACT® Student Report” (pages 6 and 7 of Exhibit A), it recorded Mr. Oness’s ACT score as: Composite Score 24 U.S. RANK 74%|STATE RANK 81% No credible testimony or evidence was received from any authoritative figure from the ACT entity or otherwise that clearly establishes what is meant by the “STATE RANK” percentile. The form provides: U.S. Rank and State Rank: Your ranks tell you the approximate percentages of recent high school graduates in the U.S. and your state who took the ACT and received scores that are the same as or lower than yours. It remains unclear whether the term “STATE RANK” means: the state of Nevada, where Mr. Oness took the ACT; the state of Florida, where Mr. Oness lives and works; or some other state. On November 13, 2015, SCSB’s Human Resources Salary Specialist, Mary McCurry, advised Mr. Oness that he did not qualify for the scholarship award “because your ACT test scores do not reflect the 80th national percentile or higher.” Mr. Oness asked Respondent to review the non- qualification determination by e-mail dated November 13, 2015, and received an e-mail in return from the SCSB’s Employee Relations and Equity Administrator, Al Harayda, advising that the DOE provided “the percentiles that we had to use” in determining eligibility. The DOE provided guidance to the SCSB that “the national percentile score should be used to meet eligibility requirements.”
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Sarasota County School Board enter a final order that Petitioner is not eligible for a Best and Brightest Scholarship. DONE AND ENTERED this 29th day of March, 2016, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 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, 2016.
