In the Matter of the Tenure Hearing of Maria Castellitto, School District of the Township of North Bergen, Hudson County, 4/29/2024, (#175-24)

175-24Njcommned

Gesamter Gesetzestext

175-24
Agency Dkt. No. 79-3/24
New Jersey Commissioner of Education
Final Decision
In the Matter of the Tenure Hearing of
Maria Castellitto, School District of the
Township of North Bergen, Hudson County.
For the Petitioner, Jason M. Ryglicki, Esq.
No appearance by or on behalf of Respondent, Maria Castellitto
This matter was opened before the Commissioner of Education on March 25, 2024,
through tenure charges of unbecoming conduct certified by George Solter, Superintendent of
the North Bergen School District (“District”), together with supporting evidence against
respondent, Maria Castellitto, a tenured teaching staff member in the District’s employ.
The District attempted to serve respondent with written notice of such certification at
the respondent’s last known address. However, a private investigator employed by the District
to effectuate service was unable to locate respondent. The investigator’s efforts included
surveilling respondent’s last known address and attempting to obtain information from other
residents of that location; contacting respondent’s daughter, who advised that respondent had
been missing without contact for the past two years; visiting locations respondent was reported
to have frequented; and contacting local police, who advised that they had not had contact
with respondent since a welfare check conducted in 2022. The District also served copies of the
tenure charges on the president and attorney of the District’s teachers’ union via regular and
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certified mail. No reply to the tenure charges was received from or on behalf of the
respondent.
N.J.A.C. 6A:3-5.3 requires that tenure charges and related documents must be served on
the respondent. However, that provision does not specify what occurs when a district is unable
to effectuate service, so the Commissioner looks to the New Jersey Court Rules for guidance.
Pursuant to N.J.Ct.R. 1:5-2, if no address is known for a party, despite diligent effort, the filing
of papers with the clerk shall be deemed to satisfy the service requirement. The Commissioner
concludes that the District made diligent efforts to effectuate service of the tenure charges
upon respondent, and therefore accepts the filing of those charges with the Commissioner,
through the Office of Controversies and Disputes, in satisfaction of the service requirement.
The certified tenure charges and statement of supporting evidence filed by the District
in this matter indicate that the respondent was employed by the District as a tenured teacher.
The charges indicate that following multiple instances of paranoid and troubled behavior, which
led to at least two hospitalizations, the District placed respondent on medical leave and sought
and was granted an Order compelling respondent to appear for a fitness for duty examination.
Bd. of Educ. of the Twp. of North Bergen, Hudson Co. v. Maria Castellitto, Commissioner
Decision No. 230-22E (decided Sept. 14, 2022). Respondent failed to appear for the
examination and remains on medical leave. During this time, respondent has failed to perform
the duties of her job.
Deeming the allegations to be admitted, the Commissioner finds that the District’s
charge of unbecoming conduct has been proven and warrants the respondent’s dismissal.
Accordingly, summary decision is hereby granted to the District, and the respondent is
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dismissed from her tenured position with the North Bergen School District. This matter will be
transmitted to the State Board of Examiners for action against respondent’s certificate(s) as
that body deems appropriate.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: April 29, 2024
Date of Mailing: May 1, 2024
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1.
Under N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date
of mailing of this decision.

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