Board Member Removal Commissioner upholds board member N.J.S.A. 18A:12-3 removal for missing more than three consecutive meetings without good cause. Board adopted bylaw which provided that if a board member missed three consecutive meetings without good cause, the Board may remove that member provided that 1) such removal was proposed at the immediately preceding board meeting, and 2) the member be provided at least 72 hours’ notice of the removal meeting. Board member missed numerous board meetings during 2014 and 2015 due to his work as a township police officer. ALJ determined that board member received timely notice, was in attendance at the meeting prior to the removal meeting but failed to demonstrate that his absences were for good cause. Board’s action to remove the board member was not arbitrary, without rational basis or induced by improper motives. Board member did not meet his burden of proof to demonstrate good cause. Commissioner agreed. Daniel Esteves v. Board of Education of the Town of Kearny, Commissioner 2016: April 14
Certification Teacher’s instructional certificate suspended for one year for failure to provide sixty days’ written notice as required by the teacher’s employment contract. N.J.S.A. 18A:26-10. In the Matter of the Suspension of the Teaching Certificate of Grace Penn, Commissioner 2016: March 22
Commissioner upholds decision of the State Board of Examiners, revoking teacher’s Teacher of English Certificate of Eligibility With Advanced Standing and his Teacher of English and Teacher of Television Broadcasting Certificates. SBE decision was supported by sufficient credible evidence in the record and was not arbitrary, capricious or unreasonable. Teacher had removed a computer from school without permission, made personal use of it in his home and made false statements to the district and police about the missing computer. In light of teacher’s serious lapses in judgment – as evidenced by the pattern of deception and dishonesty he exhibited through his interaction with the district and police – the Commissioner found that revocation of appellant’s certificates was the appropriate penalty. In the Matter of the Certificates of William McMeekan, Commissioner 2016: March 22
Petitioner challenged the State Board of Examiners’ (SBE) determination to deny her application for an experience-based Certificate of Eligibility (CE) as a Teacher of Career and Technical Education (CTE): Baking. Petitioner did not demonstrate that her contended that her employment experience and training in baking at the French Culinary Institute, and her work as a teacher’s aide had a one-to-one correspondence with the CTE: Baking endorsement requirements. No showing that the denial was inconsistent with the applicable rules and regulations. Petition dismissed. Fargo v. New Jersey State Board of Examiners Commissioner 2016: March 31
HIB Board of education did not act in an arbitrary or capricious manner when it determined that a student’s comments about his classmate’s vegetarian lifestyle constituted an act of harassment, intimidation and bullying (HIB). The student was disciplined by the assignment of five (5) lunch-time detentions during which he was given the opportunity to speak with district staff regarding his actions, with the intention of preventing future instances of such conduct. Incident in question occurred in a middle school cafeteria between two eleven year old sixth grade students. Comments were made regarding the victim’s decision not to eat meat including “it’s not good to not eat meat”, “he should eat meat because he’d be smarter and have bigger brains” and “vegetarians are idiots.” The anti-bullying specialist determined that the comments constituted verbal communications that were reasonable perceived to be motivated by a distinguishing characteristic, vegetarianism, which substantially interfered with the rights of the victim and had the effect of insulting and demeaning him. Superintendent referred the findings of the anti-bullying specialist to the board of education and the parents, who requested a board level hearing occurred, after which the board affirmed the superintendent’s initial finding of HIB. The parents appealed the board decision to the Commissioner of Education. ALJ found that being a vegetarian was an identifiable motivation for the comments in question; being a vegetarian was a distinguishing characteristic. The parents failed to meet their burden of proof that the board of education acted in an arbitrary, capricious or unreasonable manner when it concluded that the student’s comments constituted HIB under the New Jersey Anti-Bullying Bill of Rights Act. The Commissioner concurred. G.C. o/b/o C.C. v. Board of Education of the Township of Montgomery, Commissioner 2016: April 22.
90-Day Rule Commissioner determined that private school for students with disabilities’ appeal of Office of School Finance (OSF) determination, which disallowed the salaries and fringe benefits of two employees, was untimely. Employees were not properly certified for the positions which they held; salary and fringe benefits were deemed non-allowable costs. Appeal was filed 159 days after notice of final OSF ruling; 69 days late. Arguments that the 90 day rule should be relaxed were deemed without merit. The Calais School v NJDOE, OSF, Commissioner 2016: March 1
Non-Renewal Non-renewal of teacher of English upheld. Teacher failed to prove that board acted improperly in conducting her evaluations. While teacher had excellent evaluations in her first two years teaching honors classes, her reviews declined in her third year when she taught non-honors students. Teacher admitted that she had problems teaching behaviorally-challenged students. Board had valid reasons for concern with the teacher’s difficulties in teaching student with varying abilities. School was a vocational school with a student population of varied abilities. Unsatisfactory classroom performance is a valid reason for contract non-renewal; not an arbitrary or capricious act of the board. Buonanno v. Gloucester County Vo Tech, Commissioner 2016: March 10
Board’s decision to non-renew the petitioner as a non-tenured principal for the 2014-2015 school year was not arbitrary, capricious or unreasonable. While principal had some confusion about her employment status, resulting from the superintendent’s alleged statement that petitioner’s nonrenewal letter was sent in error, the nonrenewal of petitioner’s employment was valid as it was never rescinded in writing. Principal had received proper notice on May 15. The ALJ concluded that rescission of the written notice of nonrenewal could have only occurred in one legally valid manner: via another written document, which did not occur. Principal failed to meet her burden to show that the Board acted in an arbitrary, capricious or unreasonable manner in non-renewing her employment. Lorraine Gammaro v. Board of Education of the Township of Belleville, Commissioner 2016: April 25
Physical or Psychiatric Examinations Tenured art teacher’s challenge to board directive to submit to an independent psychiatric evaluation following a prolonged leave of absence deemed moot and petition was dismissed. Pursuant to N.J.S.A. 18A:16-2(a) “The board may require individual psychiatric or physical examinations of any employee, whenever, in the judgment of the board, an employee shows evidence of deviation from normal physical or mental health.” Teacher submitted to the psychiatric examination, the Board accepted the resulting report which advised that the teacher had recovered and could return to work and the board welcomed the teacher back to work with an anticipated return date of October 15, 2015. As of January 6, 2016, teacher had not returned to work. Teacher had submitted to the examination, making the matter moot. Panico v. Board of Education of the Township of Readington 2016: March 11
Residency Students determined not to be entitled to a free public education in the school district as they were not domiciled therein. Parent alleged that she had an apartment in the school district in which she and her child lived until a family medical condition caused them to move in with her daughter. Apartment was in a 55 and older community and was largely unfurnished. Surveillance indicated that the parent and child routinely left a neighboring town address to go to school each day. Parent failed to demonstrate by a preponderance of the credible evidence that her child was entitled to a free public education in the school district. Daily tuition cost in was $68.91 for 2014-2015, and $80.69 for the 2015-2016 school year. Board was owed tuition for the period of the child’s ineligible attendance; $18,706.47, plus an additional $80.69 for each day that the student remained in district after February 29, 2016. J.S. o/b/o A.S. v Board of Education of the Township of Monroe, Commissioner 2016: April 5
Student determined not to be entitled to a free public education in the school district for the period between June 1, 2015 and November 30, 2015. Parent had the burden of proof in a residency eligibility matter but failed to participate in two pre-hearing telephone conferences and failed to appear at the scheduled hearing before the ALJ. ALJ concluded that the Board’s determination that the student was not domiciled in the school district during the period in question should be upheld; entitlement to tuition reimbursement in the amount of $5,309.44 for the period of ineligible attendance. Commissioner concurred with the ALJ and ordered the parent to reimburse the Board in the amount of $5,309.44 in tuition costs for the period of ineligible attendance. M.M. o/b/o V.H.A. v Board of Education of the Township of West Orange, Commissioner 2016: April 7
Five minor children of divorced parents deemed not to be residents of the school district from November 2014 to June 2015; owing tuition for the period of ineligible attendance. In 2012, parents entered into a joint legal and physical custody agreement which stipulated that mother would be the parent of primary residence for purposes of determining school districts; at the time of the custody agreement, both parents resided in the school district. In November 2014, father relocated his domicile outside of the school district. As of the beginning of the 2014-2015 school year, all five children remained enrolled in the district schools, but – commencing no later than November 2014 – all of the children began residing continuously and exclusively with father outside of the school district. Mother relocated outside of the school district in November 2014. Mother failed to prove domicile in the school district after November 2014, father failed to answer. Commissioner directed parents to reimburse the Board for tuition in the amount of $ 54,966.16 ($78.59 per day for 139 days for A.U., G.U., B.U., and T.U. and $81.08 per day for 139 days for A.U.) for the time period from November 2014 to June 2015. K.B. o/b/o A.U., E.U.. B.U., A.U., and T.U. v. Board of Education of the Township of Branchburg, Commissioner 2016: August 21
School Ethics Act Charter school trustee failed to complete Governance I training in a timely manner. Numerous notices of the training requirement were provided by the NJSBA, SEC, Executive County Superintendent and the DOE Office of Charter Schools. The SEC recommended to the Commissioner of Education that the trustee be censured for failure to complete the Governance I training program within the required time period for the 2014 training period. Any continued failure in the future to comply with the statutory requirement to complete training shall result in removal from her position on the board of trustees for a three-year period. Commissioner finds that a penalty of reprimand is appropriate in consequence of respondent’s failure to timely honor an obligation placed upon charter school trustees by law. Similar conduct in the future may result in more severe penalties. Trustee is also admonished for causing the unnecessary expenditure of administrative and adjudicative resources at both State and local levels. Trustee was reprimanded as a school official found to have violated the School Ethics Act. In the Matter of Channell Trader, Camden’s Pride Charter School, Camden County, T01-15, SEC 2016: February 23; Commissioner 2016: April 11
Charter school trustee failed to complete Governance I training. Numerous notices of the training requirement were provided by the NJSBA, SEC, Executive County Superintendent and the DOE Office of Charter Schools. The SEC recommended that the trustee be removed from the board as a result of his failure to complete the Governance I training program within the required time period for the 2014 training period, Removal will be effective immediately after the issuance of the Commissioner of Education’s Decision affirming the penalty, for a period of one three-year term or the remaining term of the trustee’s office, whichever is longer. Commissioner concurs with the penalty of removal recommended by the Commission and additionally admonishes respondent for failing to honor an obligation placed upon charter school trustees by law, since such failure has resulted in unnecessary expenditure of administrative and adjudicative resources at both State and local levels. Trustee was removed from office as a school official found to have violated the School Ethics Act, effective immediately. In the Matter of Tom Iacovone, Hope Community Charter School, Camden County, T02-15, SEC 2016: February 23; Commissioner 2016: April 11
Charter school trustee failed to complete Governance I training in a timely manner. Numerous notices of the training requirement were provided by the NJSBA, SEC, Executive County Superintendent and the DOE Office of Charter Schools. The SEC recommended to the Commissioner of Education that the trustee be censured for failure to complete the Governance I training program within the required time period for the 2014 training period. Any continued failure in the future to comply with the statutory requirement to complete training shall result in removal from her position on the board of trustees for a three-year period. Commissioner finds that a penalty of reprimand is appropriate in consequence of respondent’s failure to timely honor an obligation placed upon charter school trustees by law. Similar conduct in the future may result in more severe penalties. Trustee is also admonished for causing the unnecessary expenditure of administrative and adjudicative resources at both State and local levels. Trustee was reprimanded as a school official found to have violated the School Ethics Act. In the Matter of Elizabeth Morrison, Brown Learning Community Charter School, Hudson County, T03-15, SEC 2016: February 23; Commissioner 2016: April 11
Charter school trustee failed to complete Governance I training in a timely manner. Numerous notices of the training requirement were provided by the NJSBA, SEC, Executive County Superintendent and the DOE Office of Charter Schools. The SEC recommended to the Commissioner of Education that the trustee be censured for failure to complete the Governance I training program within the required time period for the 2014 training period. Any continued failure in the future to comply with the statutory requirement to complete training shall result in removal from her position on the board of trustees for a three-year period. Commissioner finds that a penalty of reprimand is appropriate in consequence of respondent’s failure to timely honor an obligation placed upon charter school trustees by law. Similar conduct in the future may result in more severe penalties. Trustee is also admonished for causing the unnecessary expenditure of administrative and adjudicative resources at both State and local levels. Trustee was reprimanded as a school official found to have violated the School Ethics Act. In the Matter of In the Matter of Cynthia Williams, Newark Prep Charter School, Essex County, T04-15, SEC 2016: February 23; Commissioner 2016: April 11
Charter school trustee failed to complete Governance I training. Numerous notices of the training requirement were provided by the NJSBA, SEC, Executive County Superintendent and the DOE Office of Charter Schools. The SEC recommended that the trustee be removed from the board as a result of his failure to complete the Governance I training program within the required time period for the 2014 training period, Removal will be effective immediately after the issuance of the Commissioner of Education’s Decision affirming the penalty, for a period of one three-year term or the remaining term of the trustee’s office, whichever is longer. Commissioner concurs with the penalty of removal recommended by the Commission and additionally admonishes respondent for failing to honor an obligation placed upon charter school trustees by law, since such failure has resulted in unnecessary expenditure of administrative and adjudicative resources at both State and local levels. Trustee was removed from office as a school official found to have violated the School Ethics Act, effective immediately.In the Matter of Tinia Berger, Newark Prep Charter School, Essex County, T05-15, SEC 2016: February 23; Commissioner 2016: April 11
Charter school trustee failed to complete Governance I training in a timely manner. Numerous notices of the training requirement were provided by the NJSBA, SEC, Executive County Superintendent and the DOE Office of Charter Schools. The SEC recommended to the Commissioner of Education that the trustee be censured for failure to complete the Governance I training program within the required time period for the 2014 training period. Any continued failure in the future to comply with the statutory requirement to complete training shall result in removal from her position on the board of trustees for a three-year period. Commissioner finds that a penalty of reprimand is appropriate in consequence of respondent’s failure to timely honor an obligation placed upon charter school trustees by law. Similar conduct in the future may result in more severe penalties. Trustee is also admonished for causing the unnecessary expenditure of administrative and adjudicative resources at both State and local levels. Trustee was reprimanded as a school official found to have violated the School Ethics Act. In the Matter of Ann Petrocelli, Link Community Charter School, Essex County, T06-15, SEC 2016: February 23; Commissioner 2016: April 11
Charter school trustee failed to complete Governance I training in a timely manner. Numerous notices of the training requirement were provided by the NJSBA, SEC, Executive County Superintendent and the DOE Office of Charter Schools. The SEC recommended to the Commissioner of Education that the trustee be censured for failure to complete the Governance I training program within the required time period for the 2014 training period. Any continued failure in the future to comply with the statutory requirement to complete training shall result in removal from her position on the board of trustees for a three-year period. Commissioner finds that a penalty of reprimand is appropriate in consequence of respondent’s failure to timely honor an obligation placed upon charter school trustees by law. Similar conduct in the future may result in more severe penalties. Trustee is also admonished for causing the unnecessary expenditure of administrative and adjudicative resources at both State and local levels. Trustee was reprimanded as a school official found to have violated the School Ethics Act. In the Matter of Robyn Schneider, Ethical Community Charter School, Hudson County, T07-15, SEC 2016: February 23; Commissioner 2016: April 11
Sending – Receiving Deal sought to sever its sending-receiving relationship with Asbury Park and enter into a new sending-receiving relationship with the Shore Regional Board of Education. Neither the Asbury Park nor Shore Regional boards of education were not having opposed Deal’s request to terminate the current send-receive relationship with Asbury Park and establish a new send-receive relationship with Shore Regional. Deal’s feasibility study demonstrated, to the Commissioner’s satisfaction, that there were no substantial negative educational, financial or racial impact will incur to any of the school districts upon severance of the current sending-receiving relationship between Deal and Asbury Park or upon establishment of the proposed sending-receiving relationship between Deal and Shore Regional. Commissioner approved Deal’s severance with Asbury Park and establishment of a send-receive relationship with Shore Regional. In the Matter of the Petition of the Board of Education of the Borough of Deal for Severance of its Sending-Receiving Relationship with the Board of Education of Asbury Park Commissioner 2016: March 11
State Board of Examiners Commissioner determined that the record adequately supported the State Board of Examiners decision There was nothing in the record to suggest that the SBE’s decision was arbitrary, capricious or unreasonable. The Commissioner found no basis upon which to disturb the decision of the Board of Examiners. IMO Certificates of Forsell, Commissioner Appeal Decision 2014: March 5
Tenure Acquisition Secretary did not acquire tenure as she served in the secretarial position for two years and one and one-half months, less than the three consecutive calendar years of service required under N.J.S.A. 18A: 17-2. Prior to her service as a secretary she served in various Civil Service classified titles, including Provisional Clerk – Typing, Technical Assistant 3 Provisional, Senior Clerk, and Secretarial Assistant. Time served in the classified civil service titles cannot be combined with the time served as a secretary (Confidential Assistant). See N.J.S.A. 18A:28-2. Miller v. State-Operated School District of Newark Commissioner 2016: March 8
Tenure Dismissal On remand from the Appellate Division, with tenure charges pending before the same arbitrator, in a matter involving a claim for salary and benefits from the 121st day of her suspension, the Commissioner concurred with the ALJ that teacher is entitled to back pay, less mitigation, for the period beginning on the 121st day of her suspension through the date of the original arbitration decision, which sustained the tenure charges against her. The Appellate Division’s remand did not dismiss the tenure charges against petitioner; the matter was remanded as part of the petitioner’s appeal process. The TEACH NJ arbitrator decision ended the petitioner’s entitlement to full pay under the 120-day provision. If petitioner is ultimately successful in having tenure charges reversed on appeal, she would at that juncture be entitled to full back pay, up to the date of reinstatement to her teaching position. Pugliese v. State Operated School District of Newark, Commissioner 2016: April 12