A Florida appellate court has upheld the decision to terminate the nursing program at Burnett International College. The ruling affects students enrolled in the program and highlights the importance of maintaining state-required passage rates for nursing graduates. The court's decision emphasizes the need for educational institutions to comply with established standards to ensure quality in nursing education.
The case, Burnett International College v. State of Florida Board of Nursing, was filed on April 14, 2021, under docket number 1D19-2945. Burnett International College challenged the Florida Board of Nursing's decision to terminate its nursing program, arguing that the Board denied it due process by not conducting a formal hearing prior to the termination and by failing to provide adequate notice of the proceedings.
Burnett International College, located in Miami, Florida, faced significant issues with its nursing program's performance. The Florida Board of Nursing took action after the program failed to meet the required passage rates on the National Council of State Boards of Nursing Licensing Examination (NCLEX). According to Florida law, nursing programs must achieve a passing rate that is at least ten points lower than the national average for first-time test takers. Burnett's program recorded a passage rate of only 11.54% in 2018, significantly below the required rate of 75.11%.
Upon receiving a Notice of Intent to Terminate Nursing Education Program from the Board, Burnett filed a petition for a formal hearing. The college claimed that the passage rates used by the Board were unproven and false, and it argued that the Board failed to provide proper notice of the hearing. However, the Board denied Burnett's petition, stating that it did not identify any disputed issues of material fact that warranted a formal hearing.
After an informal hearing, the Board issued a final order terminating Burnett's nursing program. The court found that the Board acted within its authority and that Burnett's claims did not present any disputed issues of material fact. The court noted that the Board is not responsible for calculating passage rates, as these are determined by the National Council of State Boards of Nursing. The Board is required to publish this information and update it regularly.
The court ruled, "Burnett fails to explain how the passage rates used by the Board are incorrect or are contrary to those calculated by the Council. Instead, Burnett’s claims are conclusory and are unsupported by any specific fact or evidence." This statement underscores the court's view that Burnett's arguments lacked sufficient evidence to challenge the Board's findings.
In its appeal, Burnett also argued that its due process rights were violated because it was not allowed to amend its petition for a formal hearing. The court found that the Board had provided adequate reasons for denying the petition and that there was no amendment that could identify a disputed issue of material fact. The ruling stated, "Once a petition for formal hearing is denied, an agency must allow a petitioner, at least once, to timely file an amended petition curing any identified defects, unless it conclusively appears from the face of the petition that the defect cannot be cured." In this case, the court determined that the defects in Burnett's petition could not be cured.
Burnett further contended that it did not receive proper notice regarding the proceedings. However, the court ruled that the notices provided to Burnett met the legal requirements. The court noted that the Notice of Intent to Terminate Nursing Education Program and the Notice of Hearing both informed Burnett of its rights and the legal authority under which the hearing would be held. The court stated, "Burnett received the required notice, and its due process rights were not violated."
This ruling has significant implications for nursing education in Florida. It reinforces the standards that nursing programs must meet to maintain their accreditation and continue operating. The decision also serves as a warning to other educational institutions about the importance of compliance with state regulations regarding nursing program performance.
Moving forward, this ruling may influence how nursing programs in Florida address their passage rates and overall performance. Schools must ensure that they meet or exceed the required standards to avoid similar consequences. The decision could lead to increased scrutiny of nursing programs across the state, as regulators seek to uphold educational quality in the healthcare field.
As for Burnett International College, it may consider its options for appeal. However, details regarding any potential appeal or related cases were not available in the court filing. The college will need to assess its future in nursing education and whether it can address the issues raised by the Board to potentially reinstate its nursing program.