The Issue The issue presented is whether Petitioner should be awarded credit for his answers to eleven (11) questions on the September, 1989, Florida Behavior Analysis Certification Examination.
Findings Of Fact Petitioner sat for the Florida Behavior Analysis Certification Examination administered on September 19, 1989. He failed to achieve a passing score on that examination. At the final hearing, Petitioner challenged the score he achieved on that examination by raising a general challenge to the vagueness of the examination and by challenging the score given for his answers to questions numbered 11, 12, 16, 27, 42, and 53 on Part II of the examination. Part I, Item 12, is correctly scored as "A" instead of Petitioner's "C" because the question asks about a topographical definition, i.e., the form of the behavior. "A" describes the form of the behavior, while "C" partly refers to form but also includes extraneous information. Therefore, "C" is an incorrect alternative since it is more than a topographical definition. Part I, Item 45, is correctly scored as "A", the most reasonable inference from the two levels of responding. Petitioner's choice of "B" is incorrect because the baseline level of responding has not been established. Part I, Item 72, is correctly scored as "B" instead of Petitioner's "A". The question asked for the least intrusive prompt, and the gestural prompt in "B" is less intrusive than "A", a demonstration prompt. Part I, Item 83, is correctly scored as "C". "C" specifies a loss of candy every time the client hurls the object, which is not only accepted practice in the field but also agrees with the literature in the field that punishment procedures should follow a behavior each time the behavior occurs. Petitioner'S choice of "A" is not acceptable because the problem behavior could escalate and there is currently only a slight decrease in the client's behavior. Part I, Item 85, is correctly scored as "A" rather than Petitioner'S answer of "B". The literature in the field reveals that when a behavior receives intermittent reinforcement, the behavior is more resistant to extinction. Although "B" is sometimes correct, it is sometimes incorrect and, therefore, is a less desirable alternative. Part II, Item 11, is scored correctly as "A" rather than "C" as Petitioner chose because the question asked for a behavioral goal. "A" is a good example of a goal, which is a general statement of the behavior change intended; however, "C" is a good example of a behavioral objective rather than a goal because that alternative specifies particular details. Part II, Item 12, is correctly scored as "C" rather than "B" as Petitioner chose. The question asks for the most appropriate and concise statement of a behavioral objective. "C" has all the information required, but "B" does not state the performance criteria that would be required for the trainer to know when work has been completed, when the objective has been met. Part II, Item 16, is scored correctly as "B" rather than "A" because "B" adequately describes the nature of the environment in which training will occur, while "A" is vague and nonspecific. Part II, Item 27, is correctly scored as "B" rather than "A". "B" specifies the most appropriate example of training for program procedures and is a direct technique of demonstration rather than "A", an indirect training procedure of posting the procedure and announcing there will be a quiz on it. Part II, Item 42, is scored correctly as "B" rather than "A". Answer "B" specifies the particular behaviors that staff should be engaging in so that their monitors or supervisors can observe and mark on a checklist if those behaviors did or did not occur. On the other hand, answer "A" does not specify the particular staff behaviors to be observed, and it uses a rating system which has inherent problems because the meaning of each rating description is subjective. Part II, Item 53, is correctly scored as a wrong answer because Petitioner omitted one of the key parts of the correct answer to the question. The omitted information is a reference to the process which is critical to classical conditioning, i.e., the pairing of the sound of the bell with the monitor's movement toward the shelf. Partial credit is not given for a partially-correct answer.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered rejecting Petitioner's challenges to the 20 1989, Florida Behavior Analysis Certification Examination and finding that Petitioner failed to achieve a passing grade on that Examination. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 20 day of September, 1990. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20 day of September 1990. APPENDIX TO RECOMMENDED ORDER DOAH CASE NO. 90-2406 Respondent's proposed findings of fact numbered 1-13 have been adopted either verbatim or in substance in this Recommended Order. Respondent's proposed finding of fact numbered 14 has been rejected as being irrelevant to the issues under consideration in this cause. Respondent's proposed finding of fact numbered 15 has been rejected as not constituting a finding of fact but rather as constituting a conclusion of law or argument of counsel. COPIES FURNISHED: John W. Hedrick, Esquire Assistant General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building 1, Suite 407 Tallahassee, Florida 32399-0700 Dwight O'Quinn Stirling Road Apartments 4100 Northwest 77th Avenue Davie, Florida 33024
The Issue The issue in this case is whether Petitioner David Hall’s answer to question number 115 on the Florida State Officer Certification Examination should have been accepted as correct.
Findings Of Fact Petitioner is a former police officer from New York who wishes to relocate to Florida. He took the exam on June 30, 2015. According to his Petition for Formal Administrative Hearing, Petitioner missed passing the exam by one question. He made the decision to challenge the Department’s determination as to the correct answer for exam question number 115. That question and answer choices as set forth in the exam are as follows: Q: In accordance with Chapter 810, F.S., how are burglaries classified? Intent of suspects Type of location entered Tools used in commission Number of persons involved Petitioner chose Answer A. He reasoned that, according to the curriculum, burglary was distinguished from trespassing by a single element, i.e., the intent of the offender. While acknowledging that the type of location was also a way to classify burglaries, he reasoned that either answer would be equally correct. Petitioner cites to the Florida Basic Recruit Training Program book (the “Manual”) utilized by the Florida Law Enforcement Academy (Volume 1, Version 2014.07), which was the primary curriculum material for persons taking the exam in June 2015. On page 337 of the Manual, the following statement appears: Trespassing and burglary are similar, yet different, and can be confusing. Trespassing involves being somewhere that you do not own and without permission of the owner. The difference with burglary is that you are somewhere that you do not own and without permission of the owner; however, the intent of being there is different. The intent for being there is to commit another crime, such as theft. Petitioner analogized a house guest versus an intruder to classify each crime, but his analysis addressed the elements of the crimes rather than how the crimes are classified. The Department used experienced field training officers to help develop and verify the exam questions. The officers reviewed question 115 and found it to be valid, legitimate, and in accordance with the Manual. The proper and only fully correct answer to question 115 was B, type of location entered. The basis for this answer appears in the Manual at page 336, which states in pertinent part: Chapter 810, F.S. classifies burglaries according to the type of location entered, such as a dwelling, structure, or conveyance. Penalties are more severe for burglary of a dwelling than for a structure or conveyance. (Emphasis added). The Department maintains that the clear language of question number 115-–taken almost verbatim from the Manual-– dictates a single answer, B. The question asks how the crime of burglary, which by its definition includes the offender’s intent, is classified. That is, the question is concerned with how the crime will be classified (i.e., more or less severely) based upon where it occurred. The question does not ask for the elements of burglary, which would require the examinee to include intent. The question was not ambiguous. Interestingly, Roy Gunnarsson, FDLE’s training and research manager, an expert in psychometrics, a field of study and practice involving the measurement of human knowledge skills and abilities, determined that more examinees (165) answered the same way as Petitioner than answered correctly (164). But as the expert testified, testing is not governed by majority vote. From the test results, it is clear that question number 115 was difficult, with most examinees failing to answer correctly. That does not invalidate the question; it only verifies that the question was harder than others. Because of Petitioner’s challenge, Mr. Gunnarsson prepared an “Item Challenge Response,” a review of the challenged question and its possible answers. After conducting an intensive review of the matter, he concluded that the question and answer were “accurate, located in the curriculum, and [he] denies the validity of the examinee’s claim.” His opinion was based upon the application of psychometrics to the test and on his experience and training. Petitioner, who seemed to have extensive knowledge concerning law enforcement, argued his position quite well. Unfortunately, his arguments are not supported by the plain language appearing in the training manual.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Department of Law Enforcement denying Petitioner David Hall’s challenge to question number 115 in the Florida State Officer Certification Examination. DONE AND ENTERED this 11th day of February, 2016, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN 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 11th day of February, 2016. COPIES FURNISHED: Linton B. Eason, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 (eServed) David Joshua Hall 29 Slosson Lane Geneva, New York 14456 (eServed) Jason Jones, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 (eServed) Richard L. Swearingen, Commissioner Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 (eServed)
