Certification In dispute over whether applicant had proper number of credits for certification Commissioner found that the Initial Decision on remand did not address the Commissioner’s concerns set forth in his June 2015 decision, which remanded the matter to the OAL; the ALJ’s acknowledgement that she simply recited the facts as found in her April 2015 Initial Decision and conducted no further fact finding is in direct contravention of the Commissioner’s instructions; the Initial Decision on remand does not make factual findings as to which course credits were accepted by the SBE toward the 60 semester-hour credit requirement in liberal arts under N.J.A.C. 6A:9B-10.1(a)(3), nor which credits were rejected by the SBE; and such factual findings are necessary for the Commissioner to determine whether the SBE acted consistently with applicable statutory and regulatory provisions when it denied the petitioner’s application for a CE. Accordingly, the Commissioner remands the matter to the OAL for further action and development of the record consistent with the instant decision and the Commissioner’s June 2015 decision. Ward, Comm. 2016: Feb 16
Petitioner’s pro se appeal filed long after 90 day time limit for filing such appeals dismissed in matter concerning whether petitioner met requirements for school psychologist certification. Petitioner set forth no compelling reason why appeal was filed beyond the deadline. Petition dismissed. Choungourian, Comm. 2016: Feb 16
Commissioner Jurisdiction Petition dismissed for lack of jurisdiction. Petitioner fails to advance a cause of action for which the Commissioner can grant relief, as it does not invoke the Commissioner’s primary jurisdiction under the school laws; the within matter does not involve a nepotism policy under N.J.A.C. 6A:23A-6.2, as petitioner has not alleged that employee is related to any member of the school board; rather, petitioner seemingly alleges that Board members violated the Code of Ethics of School Board Members by appointing the mayor’s daughter-in-law as principal of the middle school – an issue over which the School Ethics Commission, not the Commissioner, has jurisdiction; similarly, the petition appears to raise allegations of misconduct on the part of the Mayor, and the Commissioner has no authority over the actions of an elected municipal official. Sewell, Comm 2016: Jan 6.
District of Residence Multiply disabled student who was placed by Department of Children and Families in a group home affiliated with a private school for students with disabilities. Issue concerned which district responsible for tuition for the student. Pursuant to N.J.S.A. 18A:7B-12(b), the district of residence for children who have been placed by State agencies in group homes is the present district of residence of the parent or guardian with whom the child lived prior to the most recent placement by a State agency; pursuant to N.J.A.C. 6A:23A-19.2(a)(1), the district where student’s parents resided as of October 16 in any given academic year is responsible for the tuition costs for a child placed by a state agency. Highland Park, Comm 2016: Jan 15
Employment District’s decision to put teacher on unpaid leave pursuant to N.J.S.A. 18A:16-2(a) following a psychological evaluation performed by a licensed doctor of psychology upheld where one page letters from two osteopathic doctors advising that petitioner was mentally fit for duty, provided that previously requested accommodations were provided – were not deemed to be acceptable proof of recovery. Hayes, 2016: Feb. 19.
Increment Withholding Summary decision appropriate where pursuant to N.J.S.A. 18A:29-14, a board of education may withhold, for inefficiency or other good cause, the scheduled increments of any staff member in any year; the board must provide written notice of such action within 10 days, together with the reasons for the withholding; here, the Board complied with this notice requirement when it submitted the June 20, 2014 letter with an enclosed corrective action plan for the petitioner; the corrective action plan sufficiently set forth the reasons that petitioner’s increment was withheld; and there are no genuine issues of material fact herein, and the matter is ripe for summary decision. Boger, 2016: Jan 4.
Non-renewal Petitioner filed notice of appeal in non-renewal matter over a month and a half beyond 90 day limit for doing so. Petition dismissed. Perkins, 2016: Feb. 19.
Procedure Petition dismissed with prejudice where party sought withdrawal of complaint concerning removal of pre-k and kindergarten programs from being held outside the territorial boundaries of the district before Commissioner in order to file in Superior Court. Petitioner can elect to pursue its claim elsewhere at this juncture – but not while leaving the door open to duplicative future litigation before the Commissioner. Given this late stage, and the well-documented efforts already expended by respondent to defend against and resolve this action, petitioner should be precluded from returning to the Commissioner with the same claim. North Wildwood, 2016: Jan. 4
Public Contracts Petitioner was not awarded contract where he not able to meet the requirement in the specifications that a sixteen-passenger yellow school bus be provided. Despite his assertion that he should not be required to own or lease a sixteen-passenger yellow bus because it is an unnecessary extravagance is without merit; the Commission’s bid specifications were approved by the Department of Education through the Passaic County Executive Superintendent’s Office and are both appropriate and legal; a yellow bus is clearly needed to make other drivers aware to use caution around the vehicle. Petition dismissed. AAA School, LLC, 2016: Feb. 26
State Board of Examiners Challenge to State Board of Examiners determination of ineligibility for principal certificate dismissed with prejudice for failure to appear. Washington, Comm, 2016: Feb 2.
Student Residency Plaintiff failed to sustain burden of proof in residency dispute where she sought determination that student was resident of district. Board’s motion to dismiss granted. Counterclaim for tuition reimbursement in the amount of $17,403 is granted. C.G., Comm 2016: Jan 22.
On remand for calculation of tuition, parent shall reimburse the Board $9,230.38 in tuition costs for N.P.’s ineligible attendance in the district from February 2, 2015 to June 18, 2015. B.P., Comm 2016: Jan. 28
Residency matter remanded to OAL for determination of calculation of tuition. B.J.B., Comm 2016: Jan 28.
Summary decision appropriate in residency matter where parent failed to appeal determination. Respondent is directed to reimburse the Board in the amount of $13,113.28 for tuition costs incurred during the time period of ineligible attendance. Hamilton Twp. Board of Education, Comm 2016:Feb 3.
Suspension of Certificates Order to Show Cause requiring respondent to show cause why an order should not be entered suspending his teaching certificate for unprofessional conduct pursuant to N.J.S.A. 18A:28-8 for resigning his position without giving the notice required for tenured employees. Allegations deemed admitted. Certificates suspended for one year. Teaching Certificate of Silver, Comm, 2016: Feb 10.
Tenure Acquisition Custodian did not acquire tenure under N.J.S.A. 18A:17-3. The collective bargaining agreement (CBA) and Board Policy, both of which expressly state that custodians are not entitled to acquire tenure – petitioner had been employed under a series of annual contracts with fixed terms since his initial hiring in 2001, and never acquired tenure with the Board, despite the fact that neither party could produce an individual contract for one of the years in question. Feti, Comm 2016:Jan 14
Following NJ Supreme Court determination in Bridgewater-Raritan Educ. Assoc. v. Board of Educ. of the Bridgewater-Raritan School District, 221. N.J. 349 (2015), in which it concluded that if the respondent Board could not demonstrate that it had provided teacher with notice that her service was as a “replacvement” non-tenure accruing role, it could not deny her credit for that year’s service. the Court construed N.J.S.A. 18A:16-1.1 to require a board of education to make an employee aware that he or she is being employed as a “replacement” and therefore would not have the normal expectation that his or her time in service would count toward the acquisition of tenure. Commissioner determined that employee did not receive sufficient notice that she was designated as a replacement teacher; and therefore her service during the 2007-2009 school year does count toward the accrual of tenure. Teacher is entitled to $127,586.67 in back pay. Commissioner urges all boards of education intending to designate an individual as a replacement employee to provide written notice of such designation prior to the commencement of work in the replacement position. Bridgewater-Raritan, Comm 2016: Jan 22.
Custodian did not acquire tenure under N.J.S.A. 18A:17-3. The collective bargaining agreement (CBA) and Board Policy, both of which expressly state that custodians are not entitled to acquire tenure – petitioner had been employed under a series of annual contracts with fixed terms since his initial hiring in 2001, and never acquired tenure with the Board, despite the fact that neither party could produce an individual contract for one of the years in question. Feti, Comm 2016:Jan 14
Following NJ Supreme Court determination in Bridgewater-Raritan Educ. Assoc. v. Board of Educ. of the Bridgewater-Raritan School District, 221. N.J. 349 (2015), in which it concluded that if the respondent Board could not demonstrate that it had provided teacher with notice that her service was as a “replacvement” non-tenure accruing role, it could not deny her credit for that year’s service. the Court construed N.J.S.A. 18A:16-1.1 to require a board of education to make an employee aware that he or she is being employed as a “replacement” and therefore would not have the normal expectation that his or her time in service would count toward the acquisition of tenure. Commissioner determined that employee did not receive sufficient notice that she was designated as a replacement teacher; and therefore her service during the 2007-2009 school year does count toward the accrual of tenure. Teacher is entitled to $127,586.67 in back pay. Commissioner urges all boards of education intending to designate an individual as a replacement employee to provide written notice of such designation prior to the commencement of work in the replacement position. Bridgewater-Raritan, Comm 2016: Jan 22.
Tenure Dismissal Teacher dismissed from position where respondent submitted inaccurate and potentially fraudulent student educational evaluation reports, jeopardizing the authenticity of the educational evaluation and disrupting the educational environment for at least twelve students. Specifically, the inaccuracies on the educational evaluation reports included inserting false test scores for subtests that had not been administered, including incorrect test results for subtests that had been completed, misplacing or failing to complete protocols, preparing write-ups regarding subtests that were not administered, failing to include test results for subtests that were completed, and failing to administer subtests and complete an educational evaluation report. The charges and supporting evidence also indicate that respondent engaged in unbecoming conduct by submitting false mileage reimbursement vouchers and receiving monetary payment for funds to which she was not entitled. In the Matter of O’Malley, 2016: Jan 6.