The Issue The issue in this case is whether the Petitioner is eligible for licensure by examination, with waiver of the national examination, as a psychologist in the State of Florida. Specifically the issues for determination are: Whether the Petitioner has a Ph.D. in psychology from the University of Toledo, or received a doctoral-level psychological education as defined in Florida Statutes; Whether the Petitioner's Ph.D. was obtained from a program comparable to an the American Psychological Association (APA) accredited program; and Whether the Petitioner's internship met the requirements of experience in association with or under the supervision of a licensed psychologist as identified in Florida Statutes and the Florida Administrative Code.
Findings Of Fact Ilene R. Berson (Petitioner) received a Master of Education degree with a major in school psychology from the University of Toledo, in Toledo, Ohio, on or about August 25, 1990. The Petitioner received a Ph.D. from the University of Toledo on or about June 14, 1997. The doctoral program completed by the Petitioner at the University of Toledo was not accredited by the American Psychological Association (APA) at the time of her attendance, and remained unaccredited at the time of this hearing. The APA does not accredit the Petitioner's doctoral internship program. The Petitioner has not enrolled in any program to augment her education since the award of her Ph.D. in 1997. In June 1998, the Petitioner applied for licensure as a Florida psychologist by examination with waiver. The Petitioner has taken and passed the EPPP exam, a national psychology licensure exam. On or about March 2, 1999, the Board of Psychology (Board) issued a Notice of Intent to Deny Application for Licensure. In order to be eligible for licensure as a psychologist in Florida, an applicant must have a doctoral-level degree in psychology or an appropriate equivalent. The Petitioner does not have a Ph.D. in psychology. According to the Petitioner's college transcript, the Petitioner earned a Ph.D. in Education with a major in "Guidance and Counselor Education." According to the Petitioner's application for licensure as a psychologist, the Petitioner earned a Ph.D. in Guidance and Counseling Education with a school psychology concentration. There is evidence that the University of Toledo doctoral program completed by the Petitioner awarded degrees in "school psychology" and in "counselor education." Letters from University officials suggest that, despite the transcript's identification of her degree, the Petitioner's degree is in school psychology. Assuming that assertions related to the title of the Petitioner's degree are correct, the Petitioner has a Ph.D. in school psychology. The award of degrees and licensure in school psychology and general psychology involve separate courses of study and differing types of practice. Florida law provides for specific licensure of school psychologists. The evidence fails to establish that the Petitioner has a Ph.D. in psychology. Because the Petitioner's Ph.D. is not in psychology, the Petitioner must establish that she received a "doctoral- level" psychological education, as the term is defined by statute. The applicable statutory definition requires that her degree be granted by an accredited institution, and that her education be provided through an accredited program. The North Central Association of Colleges and Schools accredits the University of Toledo, an accrediting agency recognized and approved by the U.S. Department of Education. The APA does not accredit the psychology program at the University of Toledo. The APA is the only agency recognized and approved by the U.S. Department of Education to accredit doctoral programs in psychology. Because the University of Toledo does not have programmatic accreditation, the Petitioner must demonstrate that the psychology program at the University of Toledo is comparable to an APA-accredited program. As part of her application, the Petitioner submitted a comparability letter from Dr. Janet Graden. Dr. Graden is the director of the APA-accredited doctoral program in school psychology at the University of Cincinnati. Dr. Graden opined in her letter that based upon a review of the University of Toledo School Psychology Program Handbook and a review of the Petitioner's transcript, the Petitioner's doctoral program of study at the University of Toledo was comparable to the school psychology doctoral program at the University of Cincinnati. A school psychology program is not the equivalent of a psychology program. The Graden letter is insufficient to establish that the University of Toledo's psychology program is comparable to an APA-accredited psychology program. The Petitioner also offered the deposition testimony of Dr. George Batsche and Dr. Thomas Oakland in support of the assertion that the University of Toledo program was comparable to an APA-accredited program. In response, the Board offered the deposition testimony of Dr. Russell Bauer. Based upon review of the deposition testimony, the testimony of Dr. Bauer is persuasive and is credited. Dr. Oakland also submitted a comparability letter at the time of his post-hearing deposition. Dr. Oakland's letter states that he believes the Petitioner's "academic and professional experiences in conjunction with the . . . program from the University of Toledo together with her other professional experiences result in her being comparable to graduates of [Dr. Oakland's program at the University of Florida.]" According to Dr. Oakland's curriculum vitae, he is currently the director of the school psychology program at the University of Florida. Dr. Oakland's letter fails to establish that the doctoral program completed by the Petitioner is comparable to an APA-accredited program in psychology. Dr. Oakland's letter states only that the Petitioner is comparable to a graduate of the University of Florida program. The comparability of program graduates is not at issue in this proceeding. The greater weight of the credible evidence establishes that the University of Toledo doctoral course of study completed by the Petitioner is not comparable to an APA-approved doctoral program in psychology. Review of the Petitioner's transcript and course materials indicates that the coursework completed as part of the doctoral program at the University of Toledo is not comparable to an APA-approved psychology doctoral program. Dr. Bauer testified as to the factors considered by the APA in determining whether a program meets the minimum requirements for accreditation. Dr. Bauer opined that the University of Toledo program would likely not meet the minimum requirements for APA accreditation. Dr. Bauer reviewed the APA accreditation requirements and the University of Toledo doctoral program completed by the Petitioner. Dr. Bauer specifically addressed the coursework completed by the Petitioner as part of her doctoral program. Dr. Bauer opined that the University of Toledo program is not comparable to an APA-accredited program. Dr. Bauer's testimony is credited. Another requirement of Florida law for licensure as a psychologist is completion of appropriate internship and residency programs, each of at least 2,000 hours, for a total experience requirement of at least 4,000 hours. The evidence fails to establish that the Petitioner has completed the appropriate experience requirement. The evidence fails to establish that the Petitioner completed an appropriate 2,000-hour internship program. The Petitioner's application for licensure indicates that she interned with Dr. Jerome Zake, Dr. Constance Dorr, and with the Toledo public school system from September 8, 1990 through August 30, 1992. The application indicates that the internship included one and one-half hours of clinical supervision per week, and "at least" one hour of individual clinical supervision per week, and states a total number of hours at 1,580. The majority of the Petitioner's internship time was spent in a school setting: two elementary schools, a middle/high school, and a center for emotionally handicapped children. The public school internship was not APA accredited. The total number of hours of the Petitioner's internship is substantially less than 2,000. According to Dr. Zake, his supervision of the Petitioner extended from September 8, 1990 to August 30, 1992. Dr. Zake's submission to the board states that the Petitioner worked for him for a total of 250 hours in addition to her public school work. Dr. Zake's supervision included weekly half-hour meetings with the Petitioner. Dr. Zake indicates that all of the Petitioner's time was spent in evaluation, measurement and assessment of intellectual ability, aptitudes, or achievement that directly relates to learning or behavioral problems in an educational setting. Although the Petitioner disputes the information provided by Dr. Zake as to this point, there is no credible evidence to support her assertion that her work was other than as reported by Dr. Zake. According to Dr. Dorr, her supervision of the Petitioner extended from August 1991 to June 1992 while the Petitioner interned with the Toledo public school system. Dr. Dorr's submission to the board states that the Petitioner worked for a total of 1,330 hours as a "school psychologist intern." Dr. Dorr's supervision included twice-weekly one-hour meetings with the Petitioner. Dr. Dorr indicates that approximately one-half of the Petitioner's time was spent in evaluation, measurement and assessment of intellectual ability, aptitudes, or achievement that directly relates to learning or behavioral problems in an educational setting. Although the Petitioner disputes the information provided by Dr. Dorr as to this point, there is no credible evidence to support her assertion that her work was other than as reported by Dr. Dorr. Dr. Dorr was the Petitioner's primary supervisor during the internship. Dr. Dorr is unlicensed, and is not a member of the University of Toledo faculty. Dr. Zake is a licensed psychologist in Ohio, and was an adjunct faculty member of the University of Toledo. The evidence fails to establish that the Petitioner's internship complies with applicable requirements for licensure as a psychologist in Florida. Another Florida requirement for licensure as a psychologist is a 2,000-hour post-doctoral residency experience. In the license application, the Petitioner indicates that she worked as an "evaluator/therapist" from December 13, 1994 to June 16, 1998, with Psychology Associates of Mt. Pleasant, South Carolina, under the supervision of Dr. Lucia Horowitz. The Petitioner received her Ph.D. in June 1997. Therefore, according to the information set forth on the application, a substantial portion of the Petitioner's residency was completed prior to receipt of her doctoral degree. The application indicates that her position as an evaluator/therapist included 20 hours weekly for 156 weeks. The application states that her work included one hour of clinical supervision per week, and one hour of individual clinical supervision per week, and states the total numbers of hours at 3,120. According to Dr. Horowitz, her supervision of the Petitioner extended from June 15, 1997 to June 19, 1998. Dr. Horowitz reports that the Petitioner completed supervised experience of at least 2,000 hours in the year of her residency, including at least 900 hours in service-related experience, at least two hours of clinical supervision per week, and at least one hour of individual supervision per week. Dr. Horowitz identifies the location of the residency as "Psychology Associates of Mt. Pleasant" and "Lowcountry Children's Center." According to the Horowitz submission, the Lowcountry Children's Center is located in Charleston, South Carolina. The Petitioner's application for licensure does not identify the Lowcountry Children's Center as the site of a portion of her residency. The evidence fails to establish that the Petitioner's residency meets the requirements of law applicable to application for licensure as a psychologist in Florida.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Board of Psychology enter a final order denying the Petitioner's application for licensure by examination as a psychologist in Florida. DONE AND ENTERED this 16th day of February, 2000, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM 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 16th day of February, 2000. COPIES FURNISHED: Betsy S. Singer, Esquire Paul & Singer, P.A. First Union Center 100 South Ashley Drive, Suite 1720 Tampa, Florida 33602 Donna Erlich, Esquire Office of the Attorney General Administrative Law Section The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 Angela T. Hall, Agency Clerk Department of Health Bin A02 2020 Capital Circle, Southeast Tallahassee, Florida 32399-1701 Pete Peterson, General Counsel Department of Health Bin A02 2020 Capital Circle, Southeast Tallahassee, Florida 32399-1701 Dr. Kaye Howerton, Executive Director Board of Psychology Department of Health Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact Petitioner is licensed as a psychologist in Argentina, where she was educated. She attended the University of Buenos Aires completing a six-year program in four years. Petitioner received a degree in psychology from the University of Buenos Aires on December 23, 1977, but did not receive her diploma from that institution until June of 1979. She became licensed as a psychologist by the Ministry of Health in 1979. Upon her graduation from the University of Buenos Aires, Petitioner began to practice psychology in Argentina. She worked in a hospital from 1979 to 1983. Petitioner describes this period of work as her "internship." She also worked in a drug abuse program, which she also describes as an "internship." During these work experiences, Petitioner supervised other personnel. During the same period of time, specifically from 1980 to 1982, Petitioner also engaged in private practice. In 1981 Petitioner enrolled in the Argentina School of Psychotherapy for Graduates, where she took a number of courses and wrote a paper which she presented to the faculty there. The Argentina School of Psychotherapy for Graduates is not a degree-granting institution. Upon completion of the four year program, only a certificate is issued. Petitioner did not produce a transcript from the Argentina School of Psychotherapy for Graduates as part of her application for licensure in Florida. She submitted only a syllabus, i.e., a listing of the names of the courses she took at that institution. A syllabus, however, is not a transcript. Subsequently, Petitioner moved to the state of Michigan where she applied for licensure as a psychologist at the master's degree level. Based upon her education and training, she received a limited license to practice psychology in 1989. Michigan recognizes master's degree level psychologists. In Florida, however, master's degree level applicants are not eligible for licensure as psychologists. In 1991 Petitioner was interviewed by the licensure board in Michigan. Subsequent to that interview, Michigan granted her full licensure to practice as a psychologist in that state. In granting Petitioner full licensure, the Michigan licensing board deemed that her education and training were equivalent to education and training at the doctorate level even though between 1989 and 1991, Petitioner had not added to her education credentials. She had merely obtained additional supervised experience. At some point, Petitioner took and passed the Michigan examination for licensure. The Michigan examination is not the same as the examination for licensure developed by Professional Examination Services. Petitioner has never taken the national examination required for licensure in Florida. In 1993, Petitioner applied for licensure as a psychologist in Florida. She maintains that Michigan's determination that her education and training are equivalent to a doctorate level education should be sufficient to qualify her for Florida licensure as well. She admits, however, that she does not have a Ph.D. She also admits that there is "a huge difference" between the training in Argentina and the training in the United States. As part of her application process and in order to demonstrate to Respondent her qualifications for licensure in Florida, Petitioner submitted her education and training credentials to two foreign education credentialing services. One of those services determined that Petitioner has the equivalent of a Bachelor of Science degree in psychology from an institution in the United States that has regional academic accreditation, plus completion of four years of advanced theoretical and clinical training. The other service found that Petitioner has the equivalent of a bachelor's degree in psychology. The second credentialing service was unable to evaluate Petitioner's studies at the Argentina School of Psychotherapy for Graduates because that institution is not recognized as a degree-granting institution of higher education. Neither of those evaluations could verify that Petitioner possesses the equivalent of a doctorate degree as a result of her training and education in Argentina. In 1992, the University of Buenos Aires created a Ph.D. program in psychology; however, that program did not exist at the time that Petitioner attended that institution. The Argentina School of Psychotherapy for Graduates is not a degree granting institution and does not offer a doctorate program in psychology. At the time that Petitioner chose to attend the University of Buenos Aires and the Argentina School of Psychotherapy for Graduates, it was possible to obtain a Ph.D. in psychology in Argentina, but Petitioner chose not to pursue that course of study. Based upon Petitioner's advanced education beyond her bachelor's degree, she has the educational equivalent of a master's level degree without the thesis generally required to obtain such a degree.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered denying Petitioner's application for licensure as a psychologist either by endorsement or by examination. DONE and ENTERED this 7th day of June, 1996, at Tallahassee, Leon County, Florida. 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 7th day of June, 1996. APPENDIX TO RECOMMENDED ORDER DOAH CASE NO. 94-4675 Petitioner's proposed findings of fact numbered 1-3, 5, 7, 9, 11, 20- 22, 24, 28 and 46 have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed findings of fact numbered 4 and 10 have been rejected as being irrelevant to the issues under consideration in this cause. Petitioner's proposed findings of fact numbered 6, 13-17, 19, 39, 41- 43, 47, and 50-54 have been rejected as not constituting findings of fact but rather as constituting argument of counsel, conclusions of law, or recitation of the testimony. Petitioner's proposed findings of fact numbered 8, 12, 18, 25-27, 34- 38, 40 and 49 have been rejected as not being supported by the weight of the competent evidence in this cause. Petitioner's proposed findings of fact numbered 23, 29-33, 44, 45, and 48 have been rejected as being subordinate to the issues herein. Respondent's proposed findings of fact numbered 1-10, 12 and 15 have been adopted either verbatim or in substance in this Recommended Order. Respondent's proposed findings of fact numbered 11, 13 and 14 have been rejected as not constituting findings of fact but rather as constituting argument of counsel. COPIES FURNISHED: Frank P. Rainer, Esquire 215 South Monroe Street, Suite 815 Tallahassee, Florida 32301 Virginia Daire, Esquire Department of Legal Affairs The Capitol PL-01 Tallahassee, Florida 32399-1050 Dr. Kay Howerton, Executive Director Agency for Health Care Administration Board of Psychology 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Petitioner's application for licensure as a psychologist should be approved, pursuant to Chapter 490, Florida Statutes. This proceeding arose as a result of Respondent's provisional denial of Petitioner's application for licensure by endorsement as a psychologist under Chapter 490, Florida Statutes, and Chapter 21U-11, Florida Administrative Code, based upon Respondent's determination that Petitioner did not hold a license in another state which was obtained by requirements substantially equivalent or more stringent to requirements for licensure as a psychologist in the State of Florida. At the commencement of the hearing, Petitioner was advised of his rights in administrative proceedings. He indicated his understanding of such rights and elected to represent himself at the hearing. Petitioner testified in his own behalf and submitted 4 exhibits in evidence. Respondent presented the testimony of Dr. Frank Biasco, a member of the Board of Psychological Examiners. Joint Exhibit 1 representing the application file of Petitioner was also received in evidence.
Findings Of Fact Petitioner Henry S. Tugender, Morganville, New Jersey, filed an application for licensure by endorsement as a psychologist with Respondent Board of Psychological Examiners on February 22, 1982. By letter of November 4, 1982, the Board's executive director informed Petitioner that his application had been denied by the Board pursuant to Rule 21U-11.04, Florida Administrative Code, because he did not hold a license in another state obtained by requirements substantially equivalent or more stringent to requirements for licensure as a psychologist in the State of Florida. Petitioner thereafter requested an administrative hearing. (Testimony of Tugender, Joint Exhibit 1) Petitioner received a master's degree in clinical psychology from Long Island University in 1959. He pursued doctoral studies in the clinical psychology program of Arizona State University from 1962 to 1964. In 1970, he obtained a Doctor of Philosophy degree from East Coast University, Dade City Florida, with a major in psychology. He was in an "external" degree program that involved a minimum residency during two summers and and submission of a dissertation. The university was not accredited by the American Psychology Association (APA) and is no longer in existence. (Testimony of Tugender, Joint Exhibit 1, Petitioner's Exhibit 1) Petitioner is licensed to practice psychology in three states and the District of Columbia. He was licensed in New Jersey in 1968, Illinois in 1971, Pennsylvania in 1975, and the District of Columbia in 1973. At the time of licensure, none of the three states or the District of Columbia required a doctoral degree to obtain a license. He qualified in each instance by having a master's degree, plus a varying number of years of experience. (Testimony of Petitioner, Joint Exhibit 1) At the time Petitioner was licensed in New Jersey, Pennsylvania, Illinois and the District of Columbia, the licensure requirements of those states were not substantially equivalent to or more stringent than those now contained in Chapter 490, Florida Statutes, in that they did not require a doctoral degree with a major in psychology from a school with an APA approved program, or from a school maintaining a standard of training comparable to those universities having programs approved by the APA or the doctoral psychology programs of the state universities. Rifle 21U-11.04(2)(a), Florida Administrative Code, sets forth criteria that must be met in all respects in order to demonstrate that the doctoral program meets the comparability requirements established by the rule. Petitioner presented no evidence concerning the content of his doctoral program at East Coast University, but conceded at the hearing that the program did not meet a number of the requirements specified in the rule. (Testimony of Petitioner, Biasco) Petitioner seeks to relocate to Florida for professional and health reasons. He currently is in private practice in New Jersey. He specializes in hypnosis and has been active in that field over many years. At the time of hearing, he held a valid Florida Department of Education teacher's certificate in psychology. He is also a certified school psychologist in the states of Pennsylvania and New Jersey. He is affiliated with a number of professional organizations and is listed in the National Register of Health Service Providers in Psychology. In 1974-75, he served as a consultant to the Florida Parole and Probation Commission, and in the Department of Corrections. (Testimony of Petitioner, Joint Exhibit 1, Petitioner's Exhibits 1-4)
Recommendation That Petitioner's application for licensure as a psychologist by endorsement be DENIED. DONE and ENTERED this 14th day of July, 1983, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of July, 1983. COPIES FURNISHED: Jane Raker, Executive Director Board of Psychological Examiners 130 North Monroe Street Tallahassee, Florida 32301 Randy Holland, Esquire Department of Legal Affairs The Capitol - 1601 Tallahassee, Florida 32301 Henry S. Tugender 35 Wickatunk Village Morganville, N.J. 07751
The Issue The issue in the case is whether the application of Anne L. Kruppa (Petitioner) for a Florida Educator's Certificate should be denied for the reasons set forth in the Notice of Reasons issued on July 13, 2004, by Jim Horne, Commissioner of Education (Respondent).
Findings Of Fact By an application dated July 7, 2000, Petitioner applied for a teaching position with the Hillsborough County School District. In the application, the Petitioner identified her college degree as "B.S. Zoology" from the University of South Florida (USF). Above Petitioner's signature, the application states that Petitioner certified that the information provided on the application was "true and correct without any falsifications, omissions, or misleading statements of any kind whatsoever." The application contained a space where the date of Petitioner's college graduation was to be provided. Petitioner's application did not include a graduation date. A handwritten question mark appears in the space where the date was to be set forth. Petitioner was employed as a teacher by the Hillsborough County School District for the 2000-2001 school year. At the time of her employment, Petitioner was instructed to obtain her college transcript from USF and provide it to the Hillsborough County School District. The evidence establishes that Petitioner did not have a bachelor's degree in zoology from USF when she completed the employment application. By an application dated July 31, 2000, Petitioner applied for a Florida Educator's Certificate. In the application, Petitioner stated that she had received a bachelor's degree in zoology from USF in 1998. According to the application, by her signature, Petitioner certified that "all information pertaining to this application is true, correct, and complete." At the time of the certification application, Petitioner was directed to obtain her college transcript and provide it to the Florida Department of Education. The evidence establishes that Petitioner did not have a bachelor's degree in zoology from USF when she completed the certification application. By spring of 2001, Petitioner had not provided a transcript to either the Hillsborough County School District or to the Florida Department of Education. At that point, the Hillsborough County School District contacted USF to assist in obtaining Petitioner's transcript, at which time the district learned that Petitioner did not have a bachelor's degree. In April 2001, the Hillsborough County School District terminated Petitioner's employment because she could not obtain a Florida Educator's Certificate without a college degree, and the employment required such certification. After the termination of employment by the Hillsborough County School District, Petitioner worked with the Hillsborough County School District as a substitute teacher and attended Hillsborough Community College in the fall semester 2001. After completing a course at the community college, Petitioner received a bachelor's degree in zoology from USF on December 14, 2001, and returned to teaching full-time for the school district. The evidence establishes that prior to December 14, 2001, Petitioner did not have a bachelor's degree, contrary to the information set forth on her application for employment with the Hillsborough County School District or the application to obtain a Florida Educator's Certificate from the Florida Department of Education. At the hearing, Petitioner testified that at the time she filed the applications she believed that she had received her bachelor's degree from USF in the summer of 1997 after taking a course called Elementary Calculus II during the summer term. The USF summer term included three separate sessions. Session A and Session B were six-week terms. Session C, a ten- week term, is not at issue in this case. The records of the 1997 USF summer term indicate that the Petitioner was enrolled in "MAC 3234 Elem Clclus II" (Elementary Calculus II) during the Summer Session A. According to the transcript, she received an "F" in the course. Petitioner testified that she thought she had enrolled in the course for Summer Session B. Petitioner testified that she paid another person to attend the classes and take notes for Petitioner. Petitioner testified that Petitioner took "a bunch of the tests" and "was figuring I had roughly a B something in the course." The note-taker testified by deposition and recalled taking notes for Petitioner during July and August of 1997 for a fee of ten dollars per hour. There is no evidence that the note-taker took any tests. Classes for the 1997 USF Summer Session B commenced on June 30 and ended on August 8. Classes for the 1997 USF Summer Session A commenced on May 12 and ended on June 20. Petitioner testified that at some point after the summer session was completed, she saw the course instructor and spoke to him about her performance in the class. The instructor did not testify at the hearing. Petitioner testified that she did not receive her grade for Elementary Calculus II, but presumed that she had passed the course and received her degree. Review of Petitioner's USF transcript establishes that at various times Petitioner took courses identified as "MAC 3233 Elem Clclus I" (Elementary Calculus I) and "MAC 3234 Elem Clclus II" (Elementary Calculus II). Petitioner enrolled in Elementary Calculus I in the fall term of 1994, but withdrew. In the fall term of 1995, Petitioner re-enrolled in Elementary Calculus I and received a grade of "A." Petitioner first enrolled in Elementary Calculus II in the spring term of 1996 and received a grade of "F." Petitioner again enrolled in the course in the summer term of 1996 and received a grade of "D." In the fall term of 1996, Petitioner re-took the Elementary Calculus I course and received a grade of "F." Petitioner's testimony regarding her presumed performance in the summer 1997 course lacks credibility based on review of the transcript. Based on the performance in the referenced calculus courses, it is unlikely that Petitioner reasonably presumed without further inquiry that she passed the Elementary Calculus II course and received her degree after the summer term of 1997. Petitioner also testified that she believed her admission to the USF graduate school indicated that she had completed her undergraduate requirements, and that further inquiry was apparently not required. The Official Acceptance that was mailed to Petitioner and was required to be presented to USF officials in order to register for courses clearly states that the admission was "provisional." The Official Acceptance required that Petitioner submit to the graduate school her undergraduate transcript indicating that the degree had been conferred. Nothing provided to Petitioner by the USF graduate school indicated that the undergraduate degree had been awarded. Petitioner was in the USF graduate program for one semester and was enrolled for five classes, four of which were undergraduate-level classes. In the fifth class (identified as "EDF 6432 Fndtns Measrmnt") she received a grade of "F."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Jim Horne, as Commissioner of Education, enter a final order denying Petitioner's pending application for a Florida Educator's Certificate and providing that Petitioner may not reapply for such certification for a period of two years. DONE AND ENTERED this 17th day of September, 2004, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 17th day of September, 2004.
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.
Findings Of Fact Petitioner applied to Respondent for a psychology license by endorsement pursuant to Section 490.006, Florida Statutes (1981), and Rule 21U- 11.04, Florida Administrative Code. Respondent denied Petitioner's application on the grounds that she does not hold a license from a state where the requirements for licensure are substantially equivalent to or more stringent than Florida's. Petitioner received a B.A. in psychology from Boston University, an Ed. M. in guidance and counseling from the University of Miami and, in 1975, an Ed.D. from Boston University. The doctoral program which Petitioner graduated from was not approved by the American Psychological Association (APA). Petitioner holds an active psychology license in New Jersey, issued in 1979, and an active psychology license in Massachusetts, issued in 1982. Petitioner completed her application for licensure by endorsement (Respondent's Exhibit 1) and answered the following question in the negative: Did the applicant's doctoral program require each student to demonstrate knowledge in the following substantive areas of psychology: biological bases of behavior (e.g. phys- iological psychology, comparative psy- chology, 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 processes, sex roles, organizational systems theory), and individual behavior (e.g. personality theory, human development, individual differences, abnormal psychology, psy- chology of women, psychology of the handicapped). Petitioner's testimony at hearing and the statement of an official of Boston University (Petitioner's Exhibit 1) established that Petitioner's answer to the above question was correct -- that she was not required to demonstrate knowledge in the state areas.
Recommendation Based on the foregoing, it is RECOMMENDED: That Respondent enter a final order denying Petitioner's application for licensure by endorsement. DONE and ENTERED this 13th day of December, 1983, in Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of December, 1983. COPIES FURNISHED: Eric R. Jones, Esquire 307 E. New Haven Ave., #4 Melbourne, Florida 32901 Randall A. Holland, Esquire Department of Legal Affairs Room 1601, The Capitol Tallahassee, Florida 32301 Jane Raker, Executive Director Board of Psychology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether petitioner should pass the Level III Behavior Management Certification examination given by the Department of Health and Rehabilitative Services (HRS) on June 28, 1985.
Findings Of Fact The Developmental Services Program Office in HRS is the office responsible for the Behavior Management Certification examination. The concept of a certification exam arose out of a commitment to improve and to increase the capabilities of the people who were providing behavioral programs to developmentally disabled people in Florida. In December of 1982 or January of 1983, HRS contracted with Instructional System Design, Inc., to design an examination that would ensure that the persons who passed the examination were persons who possessed proficiency and competency in the field of behavioral management or behavior analysis. Instructional System Design, Inc., also was to design and prepare a curriculum guide that would aid individuals in becoming proficient in behavior management. However, the examination was designed first and then the curriculum guide was prepared to cover the major content areas which were reflected in the examination. The Behavior Analysis Curriculum Guide had not been completed before petitioner took the examination, which was the first time the examination was offered. At that time, the curriculum guide was still in draft form. PREPARATION OF THE TEST The model used for constructing this examination was a domain referenced test model. Items are included which assess every competency. Ms. Goodson, the president of Instructional System Design, Inc., and designer of the examination, assembled an interdisciplinary team which included representatives of HRS and experts in the field of behavioral psychology. Specific competency areas, or content domains, were determined and arranged in competency clusters on the examination. For example, Competency Cluster #1 has to do with making legal and ethical decisions about when to intervene. Competency Cluster #3 relates to observing and recording behavior, and Competency Cluster #6 involves the application of behavioral procedures. The number of questions in each cluster relates to the number of tasks, or subtopics, within the particular competency area. The purpose of designing a test in this manner is to make sure that a question is included in the test that will evaluate proficiency in each defined competency and task within the competency. The content standard was established by the interdisciplinary committee. It was agreed that the minimum standard would be that the content would have to be included in two widely used textbooks and not successfully refuted in any other textbook. This minimum standard was designed to overcome any biases that may exist in any one particular form of training. Two forms of the examination were prepared, Form A and Form B. However, each form was prepared to assess the same competencies. For example, question 2-1 on Form A was designed to assess the same competency and task as question 2-1 on Form B. HRS requested that two forms of the examination be prepared. After the first draft of the examination had been prepared, and content experts reviewed and made revisions to the questions, a field review of the examination was conducted. Thirteen different reviewers were asked 28 questions about each test item. One of the 28 questions was the correct answer, and the other 27 questions asked other information about the particular question. The other 27 questions were asked to ensure that each test question was valid, that the question was clear, and that it was representative of the competency area that it was attempting to assess. None of the field reviewers reviewed all 156 questions, but all questions were reviewed. The examination was not field- tested by actually giving the entire exam to a small group of people because it was felt that it would be impractical to get 15 to 20 people to voluntarily submit to this rigorous an examination for the purpose of field-testing without getting certification. Field review appeared to be more practical and provided more information about the validity of each item. Since there appeared to be no reason to weigh any particular item, so that some items would count more than others, it was agreed that each item would count as one point. It also was determined that more than one person would score the examination to provide a double-check on the scoring process. Since some of the examination questions were essay questions, it was determined that the scorers would be experts in the field with the capabilities to assess the answer given using the standards set forth in the answer key as a guideline. If the two scorers disagreed on the correctness of an answer, the scorers would confer with each other to resolve the difference. TEST ANALYSIS After the first administration of the examination in June of 1985, Dr. Beard, a professor at Florida State University and an expert in testing, conducted a test analysis. Dr. Beard took the data, the indication of whether the items were right or wrong, coded them onto computer records, and computed a large number of statistical items. He computed the P-value of each item, the proportion that answered each item correctly. He computed the points by serial correlation between each item and the total scores. He also computed the frequency distribution of scores, means, standard deviations, and other descriptive statistics of the scores. After this was done, Dr. Beard determined that the two forms of the test differed in difficulty. He therefore applied an equating or calibrating procedure to adjust the difficulty of one form to that of the other. In other words, although each exam form was designed to test the same knowledge and skills, unintended differences in test difficulty from form to form gave an advantage to people taking the easier form. Therefore, it was necessary to convert the scores obtained on one form to the units on the other form, a process called test equating. Form A was the easier form; and therefore, the raw scores on Form A were equated to the scores on Form B. The test analysis also revealed that certain of the test items did not have desirable measurement properties. In any test, some items discriminate better between those who have a large amount of the knowledge being tested and those who do not have. An item that does not discriminate well will show a negative discrimination index. An item showing a negative discrimination index detracts from the measurement properties of the test. Therefore items that have negative discrimination indices should not be included in scoring an examination unless the elimination of the items would destroy the content validity of the examination. Out of the 156 questions on this examination, 31 of the items had a negative discrimination index. Because the elimination of these items did not affect the content validity of the exam, the 31 questions were eliminated. The elimination of these negative indicators did not affect the validity of the exam, and the inclusion of any negative indicator in an examination detracts from the reliability of the exam. CUT-OFF SCORE COMMITTEE The passing score on the examination was determined by a cut-off score committee. The committee was composed of a group of individuals representing practitioners, clients, and persons involved in the administration of the examination. The committee was given statistical information concerning the exam. The committee discussed the consequences of setting too high a passing score and the consequences of setting too low a score. Establishing a passing score by a committee that is aware of both the content of the examination and the impact of choosing a particular score is an acceptable method for determining a passing grade on an examination. After a complete review of the examination and consideration of the statistical information, each member of the committee wrote down a recommended passing score. There was a wide variation in the recommended passing scores. However, after further discussion a consensus was reached, and the ultimate cut- off score voted upon was approved unanimously. The cut-off score was set at 86 out of 125 items, or 68.8 percent. Thirty-three percent of the people taking the examination passed it. PETITIONER'S EXAMINATION Out of the original 156 questions on the examination, petitioner was scored with having answered 105 questions correctly. Of the 31 items eliminated, petitioner answered 21 correctly and missed 10. Of the 125 items which HRS counted on the examination, petitioner answered 84 correctly. However, petitioner took Form A of the exam, and petitioner's raw score of 84 on Form A was the equivalent to a score of 80 on Form B. Therefore, petitioner's equated score was 80. To pass the examination, petitioner would have to have received at least six more points. The deletion of the 31 items from the test served to make the test more reliable. However, had the 31 items not been deleted from the test, petitioner would have gotten the identical percentage of correct answers as he did after the elimination of these items. Therefore, the deletion of the items did not adversely affect the petitioner. The equating of scores is an acceptable testing procedure and adds to the fairness of the test. However, even if petitioner's score had not been equated, he would not have passed the exam. Further, if petitioner's score had not been equated, the scores of the other 49 individuals who took Form A also would not have been equated. This would have raised all of those raw scores and could have resulted in a higher cut-off score being chosen. Because the elimination of negative indicators and the equating of scores on two different forms of an exam are both acceptable-testing procedures, petitioner's contention that he should pass the exam must be based upon a showing that he answered correctly at least six of the questions that he was scored as missing. PETITIONER'S EXAMINATION ANSWERS Petitioner's exam was graded by Dr. James Johnston and Dr. Standler. Dr. Standler and Dr. Johnston initially disagreed on only four of the answers given by petitioner on the essay questions. However, there was no evidence presented concerning whether the disagreement on the four questions was resolved adversely to petitioner. Although petitioner did not designate in his petition the specific questions he was challenging, at the hearing the following question numbers were mentioned: 2-6, 3-3, 3-7, 4-1, 4-11, 5-4, 5-10, 5-11, 6-6, 6-7, 6-46, 6-48, 9- 2, and 10-8. Dr. James Johnston was the only expert in behavior analysis to testify, and he was called as a witness by both petitioner and respondent. Question 2-6 Question 2-6 requested that the examinee write a functional response definition for the given situation. A functional response definition considers only the effect of the behavior. Petitioner's answer was incorrect because he included in his answer where the behavior occurred, when it occurred, and how it occurred. Therefore, petitioner did not write the functional response definition. Question 3-3 The only evidence presented as to this question was that petitioner's response, C, was incorrect and that the correct answer was answer A. Question 3-7 Dr. Johnston agreed with the petitioner that if one defined "interval recording" as meaning "whole interval recording" there would not be a proper answer to question 3-7. However, the question did not use the term "whole interval recording." Therefore a correct answer was provided in the choices. On his exam petitioner wrote the following note: Our instructor used the term "interval" in time sampling synonymously with the term whole interval only. None of the answers provided are thus appropriate, since none apply to whole intervals. Alternative C is given as answer because it applies to momen- tary time sampling whereas A + B are partial time sampling. . . . Dr. Johnston explained that the use of "whole interval time sampling" as a term is improper since it is the mixture of two different procedures. Time sampling is one procedure, often in the form of momentary time sampling. An interval recording, partial or whole, is a totally different procedure. The question asked the best method for obtaining interval recording data. Petitioner did not correctly answer the question. Question 4-1 Question 4-1 may have been a question that was deleted; however, the only competent evidence presented was that petitioner's answer was incorrect. Question 4-11 There was no competent evidence presented to establish that petitioner answered question 4-11 correctly. Petitioner argued that he correctly displayed the data on the graph provided because he assumed that one of the days was a "no chance" day. When "no chance" day occurs, the data points on either side should not be connected by a line. However, the question did not indicate that the day was a no chance day. Question 5-4 Question 5-4 asked which inference was the most reasonable to be made based on the graph that was provided. Petitioner chose the answer, "The data indicate it would be appropriate to begin the treatment phase on the fifth-day." The correct answer was, "Baseline data should continue to be collected until more representative data are obtained." This answer was the correct choice because there were only four observations reflected on the graph. Four observations are too few, even if the fluctuation in the behavior recorded is not a large fluctuation. Question 5-10 Petitioner simply read the graph incorrectly on this question. The question referred to the duration of the behavior. On a six-cycle chart, a standard behavior chart, duration is plotted on the right-hand axis, not the left-hand axis. On the left side the values get larger going up the scale, but on the right side the values get larger going down the scale. When measuring duration of behavior, if the data points on the chart go in a downward direction it would show that the duration is increasing. The correct answer was not given by the petitioner because he thought the duration was decreasing. Question 5-11 Although petitioner did not give the best answer to question 5-11, the answer recognized in the answer key as the correct answer is also incorrect. Although this question was a flawed question, and therefore should have been deleted prior to scoring, petitioner cannot be credited with a correct answer on the question, since his answer was not the best of the three answers given. In other words, although the answer on the answer key was wrong, petitioner's answer was also wrong. This question simply should not be considered in determining the scoring. Question 6-4 Question 6-4 provided a situation and then asked the question, "What is happening according to the social learning model? The key feature of the social learning theory is "cognitive mediation." Because cognitive mediation is the centerpiece of the social learning theory, petitioner's failure to mention it showed that he did not explain the situation in terms of the social learning theory. Question 6-7 Question 6-7 presented a situation and required that the examinee write "at least two prerequisites that should be established so that the client can maximally benefit from behavioral intervention." Petitioner gave one prerequisite that was correct. However, petitioner did not answer correctly the second prerequisite. The second prerequisite given by petitioner, that the client "will perform simple tasks when instructed to do so," does not address specifically the situation provided. The situation refers to the client being so restless that she runs around the room and rarely stays in her seat long enough to be taught. A prerequisite that must be established so that the client can maximally benefit from the behavior intervention is that the client hold still long enough so the training can proceed. Since this is an important and obvious prerequisite for training, petitioner's answer is incorrect. Question 6-46 Question 6-46 provides the following situation: The teacher wants to keep Sybil on task during class, but Sybil is so restless in the classroom setting on that spring afternoon she is not getting much work done. The question asks, "How could you use negative reinforcement to increase the client's behavior?" Petitioner answered the question by stating; "Nag Sybil until she terminates the aversive stimulus by doing her work (staying on task)." Negative reinforcement occurs when you have an aversive stimulus present and the response terminates the aversive stimulus. From the information given in this question, which information is to be used in answering the question, one should know that an aversive stimulus is present. Since the aversive stimulus is present, the teacher does not have to arrange an aversive stimulus. From the information given, the appropriate negative reinforcement procedure is to tell Sybil that she can leave class, the aversive stimulus, when she does her work. Petitioner's answer requires the teacher to add an aversive stimulus to the situation. Further, petitioner's response pairs the aversive stimulus with the teacher, which should be avoided. Petitioner argues in his proposed recommended order that it might be considered irresponsible and dangerous to let a child leave the classroom where she would be unsupervised. As a practical matter, this may be true. However, there is nothing in the situation given indicating that if Sybil left the classroom she would be unsupervised. Further, petitioner's answer on the exam did not reflect this concern. From petitioner's answer, it is not apparent that petitioner was aware that an aversive stimulus was already present. Therefore, petitioner's response was not a correct answer. Question 6-48 Question 6-48 asks, "How can target behavior be strengthened?" Petitioner chose the alternative, "By making all reinforcing activities for the client contingent on the performance of the target behavior." This answer is unwise and incorrect because it refers to all the reinforcing activities for a client. All the reinforcing activities include a variety of different activities and stimuli that are reinforcing for any particular individual. To try to bring all these together, or make them contingent on the particular behavior, would probably be impossible. Although "increasing the frequency of reinforcement short of satiation" does not mention a contingency, the definition of reinforcement means that there is a contingency between a behavior and some following consequence. Therefore, the latter alternative is the best answer, and petitioner's answer is incorrect. Question 9-2 Question 9-2 provided a situation and asked, "How can you use the AB design to evaluate the behavioral treatment." The examinee was informed that his answer must explain what to do and how to do it. One of the hallmark requirements of an AB design is that behavior is measured until it is stable and a representative picture of what is happening in that phase is obtained. Petitioner's answer did not reflect that data be collected until a stable and representative picture is obtained, and therefore his answer was incorrect. Question 10-8 Question 10-8 set forth a situation involving the staff at a facility. The situation explained that staff members were dissatisfied with the working conditions and complained that raises, work schedules and special privileges were made on the basis of whom the supervisor liked rather than on staff performance. The question asked how the supervision and management system could be changed to make it more effective. The question stated that the answer should explain how the examinee would determine the effectiveness of staff performance and what types of consequences might be provided for performance. Although respondent's answer reflected certain positive reinforcers to use for appropriate performance, petitioner mentioned no negative consequences for a poor performance. Although petitioner mentioned evaluations, by stating "if the measuring instrument to evaluate performance is sufficiently detailed there are likely to be far less disputes regarding evaluations," petitioner does not mention having regular evaluations of the staff. Because petitioner did not include any negative consequences for poor performance, and did not mention regular evaluations as a means of determining the effectiveness of staff performance, petitioner's answer is incorrect. TRAINING PROVIDED BY HRS Prior to taking the examination, petitioner attended training classes conducted by Mr. Stelios Chimonides, an employee of HRS. The training classes were provided by HRS as a means by which practitioners could prepare for the certification examination. However, the training provided by HRS did not cover all the competency areas covered on the exam. Further, Mr. Chimonides used certain terms in training that were not identical to the terms used on the exam. However, the examination was not designed to test the information learned in the HRS training session. The examination was designed to test the practitioner's competency in the field of behavior management. Thus, the quality and thoroughness of the training provided by HRS through Mr. Chimonides is not relevant in determining whether petitioner should pass the exam and be certified by HRS. Further, petitioner did not establish that any of the correct answers on the examination were in conflict with the information provided during training.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is recommended that a final order be entered finding that petitioner did not pass the Behavior Management Certification Examination given on June 28, 1985, and that petitioner's request to be certified be denied. DONE and ORDERED this 29th day of May 1987, in Tallahassee, Florida. DIANE A. GRUBBS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this day of May 1987. APPENDIX The following constitute my rulings, by paragraph, of the parties' proposed findings of fact. Petitioner's Proposed Findings of Fact 1-2. Accepted to the degree relevant in paragraph 12. Accepted to the degree relevant in paragraph 7. Accepted, in that the items were deleted as explained in paragraph 8, the remainder is rejected in that petitioner's statement does not correctly explain a negative discrimination index. Accepted that Dr. Beard's analysis was a statistical one in paragraph 7 and 8. Accepted as stated in paragraph 5. Accepted in paragraph 7. Rejected as irrelevant. 9-10. Accepted to the degree set forth in paragraph 5. Rejected in that all of HRS's witnesses were petitioner's witnesses. Accepted generally in paragraph 1. 13-14. Accepted as stated in paragraphs 2 and 9. 15-23. Rejected as irrelevant or not appropriate findings of fact; however, accept that test was not based on Chimonides' training in paragraph 34. 24-25. Accepted generally in paragraphs 15 and 17. 26-29. Accepted in part and rejected in part in paragraph 20. Witness Shepherd did state that "interval recording" was not used as a synonym for "partial interval time sampling." This is consistent with Dr. Johnston's testimony which indicated time sampling is a totally different procedure from an interval recording, either partial or whole. 30-34. Accepted in part and rejected in part as stated in paragraph 23. Rejected as irrelevant. Rejected by contrary findings. 37-40. Accepted in part and rejected in part as stated in paragraph 25. 45. Accepted in part and rejected in part in paragraph 26. 46-48. Accepted in part and rejected in part in paragraph 27. 49-54. Accepted in part and rejected in part in paragraphs 28-30. 55-56. Accepted in part and rejected in part in paragraph 31. 57-62. Accepted in part and rejected in part in paragraph 33. 63. Rejected by contrary finding in paragraph 35. Respondent's Proposed Findings of Fact Accepted as stated in paragraph 16. Accepted in paragraph 15 and 35. Accepted generally in paragraphs 12-14. Rejected as specific finding as unnecessary, but accepted as true. Rejected as cumulative. 6-8. Accepted to the degree relevant in paragraphs 1 and 2. Accepted in paragraphs 2 and 5. Rejected as irrelevant and not supported by competent substantial evidence. 11-12. Accepted generally in paragraphs 8 and 9. Rejected as cumulative. Rejected as specific finding of fact as unnecessary, but accepted as true. Accepted in paragraph 11. 16-17. Accepted as stated in paragraph 12. Accepted as stated in paragraph 17. Rejected as cumulative. 20-21. Rejected as not findings of fact. COPIES FURNISHED: George Tsismanakis, pro se 403 N.W. 2nd Avenue Okeechobee, Florida 33472 Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Paul V. Smith, Esquire Assistant General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 John Miller, Acting General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue The issues in this case are whether the Petitioner's application for a provisional license as a psychologist and/or the Petitioner's application for licensure as a psychologist by examination should be granted or denied.
Findings Of Fact In 1987, the Petitioner earned a doctorate degree in Psychology, the Psy.D. degree, from the Caribbean Center for Advanced Studies in San Juan, Puerto Rico. The psychology program at the Caribbean Center for Advanced Studies was not accredited by the American Psychological Association (APA) during the time the Petitioner participated in that program. 4/ At all times material to this case, the APA has been the only credentialing agency for psychology programs recognized by the United States Department of Education. The Petitioner filed applications for provisional licensure and for licensure by examination with the Board of Psychology on February 23, 1998, and on March 19, 1998, respectively. On August 7, 1998, and on August 12, 1998, respectively, the Board of Psychology issued and served notices of intention to deny the Petitioner's applications for provisional licensure and for licensure by examination. The Board notice issued on August 7, 1998, read as follows, in pertinent part: Notice is hereby provided that the Board of Psychology (Board) intends to DENY the application for provisional licensure. The Board reviewed and considered the application for licensure at the regularly scheduled Board meeting held on June 28, 1998, in Key West, Florida, and has determined that it be DENIED. As grounds therefore, the Board states that the applicant failed to demonstrate that her degree was augmented in or obtained from a program comparable to a program accredited by the American Psychological Association (APA). Rule 64B19-11.0035 of the Florida Administrative Code requires an original, signed letter, on official letterhead sent directly to the Board from the director of an APA accredited doctoral psychology program that confirms the comparability of the applicant's program to an APA accredited program. The letter must enumerate the exact documents that were reviewed in determining comparability. While the letter submitted on behalf of the applicant indicates that academic records were reviewed, the exact documents are not disclosed. Additionally, according to the application transcripts, the applicant had insufficient coursework in the field of Psychology to have earned a degree comparable to a degree from an APA accredited program. The institution she attended awarded the applicant a minimum of 18 transfer credits for courses taken in the filed of Social Work. WHEREFORE, the Board voted to deny the application. The Board notice issued on August 12, 1998, advised the Petitioner of the Board's intention to deny her application for licensure by examination for reasons identical to those quoted above. The Petitioner requested, and was granted, an informal hearing before the Board of Psychology on both of her applications. Following an informal hearing (which the Petitioner attended without benefit of legal counsel), the Board of Psychology issued a Final Order denying both of the Petitioner's applications. That Final Order (which has since been reversed) 5/ read as follows, in pertinent part: THIS MATTER came before the Board of Psychology (Board) for final action pursuant to section 120.569, and subsection 120.57(2), Florida Statutes, at a duly- noticed public meeting of the Board on December 4, 1998, in Orlando, Florida, for the purpose of a hearing not involving disputed issues of material fact based on the Board's Notice of Intention to Deny Application for Licensure by Examination and Notice of Intention to Deny Application for Provisional Licensure, copies of which are attached to and made a part of this Final Order, as Exhibits A and B. Applicant Magalis Aguilera participated in the hearing before the Board. After a complete review of this matter, including the evidence presented by Applicant, the Board made the following findings of fact and conclusions of law:
Recommendation Based on all of the foregoing, it is RECOMMENDED that the Board issue a final order in this case denying the Petitioner's application for a provisional license, and granting the Petitioner's application to take the licensure examination. DONE AND ENTERED this 16th day of June, 2000, in Tallahassee, Leon County, Florida. 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 16th day of June, 2000.
