DAVID J. GREENE V. NEW JERSEY STATE BOARD OF EXAMINERS, 8/4/17, (#215-17)

215-17
DAVID GREENE, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
NEW JERSEY STATE BOARD OF 	: 	DECISION
EXAMINERS,
:
RESPONDENT.
:
SYNOPSIS
Petitioner challenged the denial of his application for issuance of a Teacher of Elementary School
certificate and a Teacher of Students with Disabilities certificate by the respondent New Jersey State
Board of Examiners (SBE). 	The petition was filed in the Office of Administrative Law (OAL) as a
contested case in January 2017. The parties filed cross motions for summary decision in May 2017.
The ALJ found, inter alia, that: there were no material facts at issue in this matter, and the case was ripe
for summary decision; 	the certification sought by petitioner from the Board was the Teacher of
Elementary Education with Advanced Standing (CEAS); in order to receive a CEAS, an applicant must
satisfy specific requirements set forth in N.J.A.C. 6A:9B-8.2; one of these requirements is the completion
of an educator preparation program; 	it is undisputed that petitioner never completed an educator
preparation program of any kind; petitioner’s argument that this is not a requirement for issuance of a
Teacher of Elementary Education CEAS is without merit; as petitioner is ineligible for the certificates he
seeks based on the foregoing, it is not necessary to address petitioner’s remaining arguments.
Accordingly, the ALJ concluded that the petitioner has not met the requirements for a CEAS;
accordingly, the Board’s motion for summary decision was granted and the petitioner’s cross motion was
denied. The petitioner’s appeal was dismissed with prejudice.
Upon review, the Commissioner concurred with the ALJ’s findings, and adopted the Initial Decision of
the OAL as the final decision in this matter. The Commissioner noted that there is nothing prohibiting
petitioner from filing a new application for a Certificate of Eligibility (CE) without advanced standing.
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the reader. It
has been neither reviewed nor approved by the Commissioner.
August 4, 2017

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OAL DKT. NO. EDU 01344-17
AGENCY DKT. NO. 306-12/16
DAVID GREENE, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
NEW JERSEY STATE BOARD OF 	: 	DECISION
EXAMINERS,
:
RESPONDENT.
:
The record of this matter and the Initial Decision of the Office of Administrative
Law (OAL) have been reviewed, as have the exceptions filed pursuant to N.J.A.C. 1:1-18.4 by
petitioner, and the reply thereto filed by the New Jersey State Board of Examiners (Board).
In 	his 	exceptions, 	petitioner 	argues 	that 	the 	Board 	mistakenly 	reviewed
petitioner’s application as one for a Certificate of Eligibility with Advanced Standing (CEAS),
rather than a Certificate of Eligibility (CE), for which petitioner applied. 	Petitioner argues that
although the Board suggests that petitioner amended his applications for Teacher of Elementary
School CE and Teacher of Students with Disabilities CE to applications for Teacher of
Elementary School CEAS and Teacher of Students with Disabilities CEAS, the fact is in dispute
as petitioner never amended his application. 	Petitioner also disputes the Administrative Law
Judge’s (ALJ) finding that petitioner did not take an educator preparation course and urges the
Commissioner to find that the requirement was satisfied because the George Washington
University master’s program included the elements required for licensure in New Jersey.
Petitioner further asks that the Commissioner find that he earned 60 liberal arts credits from a

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regionally accredited university. 	As such, petitioner contends that he is entitled to a CE and
alternatively is entitled to a CEAS.1
In reply, the Board argues that the ALJ properly held that petitioner does not meet
the regulatory requirements for issuance of a Teacher of Elementary School CEAS or a Teacher
of Students with Disabilities CEAS because he did not complete an education preparation
program. 	As such, the ALJ appropriately did not need to reach the issue of whether petitioner
had 60 credit hours in liberal arts, and petitioner’s exceptions on that issue should be
disregarded. 	Further, the Board points out that petitioner clearly amended his applications for
CE to applications for CEAS; therefore, neither the ALJ nor the Board evaluated petitioner’s
application in the context of a Teacher of Elementary School CE or a Teacher of Students with
Disabilities CE.
Initially, the Commissioner points out that there is a difference between the
regulatory requirements for a CE and those for a CEAS. The requirements for the CEAS are set
forth at N.J.A.C. 6A:9B-8.2, while the requirements for the CE are delineated at N.J.A.C. 6A:9B-
8.3. 	Upon review, the Commissioner agrees with the ALJ that petitioner does not meet the
regulatory requirements for issuance of a Teacher of Elementary School CEAS or a Teacher of
Students with Disabilities CEAS. 	It is undisputed that petitioner did not complete an educator
preparation program, and as such – pursuant to N.J.A.C. 6A:9B-8.2 and N.J.A.C. 6A:9B-11.4 –
petitioner is ineligible for a Teacher of Elementary School CEAS or a Teacher of Students with
Disabilities CEAS.
1 Petitioner also requests that the Commissioner clarify that, at the time the Board issued its March 29, 2016 letter
denying petitioner’s application for CE for lacking 57 liberal arts credits, it had not reviewed petitioner’s
undergraduate transcript from Excelsior College. Such a clarification is unnecessary. The Initial Decision already
makes clear that petitioner first provided the Board with a copy of his official transcript during petitioner’s appeal in
September 2016. Further, the Board’s November 7, 2016 decision indicates that upon submission of the Excelsior
College transcript, the Board found that 12 credits from that transcript would count toward the total liberal arts
requirement.

3
For the first time, petitioner argues in his exceptions that there is a material issue
of fact as to whether petitioner amended his applications for a Teacher of Elementary School CE
and Teacher of Students with Disabilities CE to applications for a Teacher of Elementary School
CEAS and Teacher of Students with Disabilities CEAS. 	Although the Board relied on the fact
that petitioner amended his applications in its cross-motion for summary decision, petitioner
failed to dispute that fact in his submissions. 	Moreover, in filing his motion for summary
decision, petitioner asserted that no material facts were in dispute. Indeed, the petition of appeal
filed in this matter requested that the Board issue petitioner a Teacher of Elementary School
CEAS and a Teacher of Students of Disabilities CEAS, and the petition made no mention of an
application for a CE. Accordingly, as petitioner failed to assert any disputed fact and the petition
in this matter did not address an application for a CE, the Commissioner agrees with the ALJ that
this matter was ripe for summary decision and that petitioner did not meet the requirements for a
Teacher of Elementary School CEAS or a Teacher of Students of Disabilities CEAS.
Accordingly, the Initial Decision of the OAL is adopted as the final decision in
this matter – for the reasons expressed therein – and the petition is hereby dismissed.2
IT IS SO ORDERED.3
COMMISSIONER OF EDUCATION
Date of Decision: August 4, 2017
Date of Mailing: 	August 4, 2017
2 Nothing in this decision should be interpreted as prohibiting petitioner from filing a new application for a Teacher
of Elementary School CE and a Teacher of Students of Disabilities CE.
3 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36
(N.J.S.A 18A:6-9.1).

New Jersey Is An Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
SUMMARY DECISION
OAL DKT. NO. EDU 01344-17
AGENCY REF. NO. 306/12-16
DAVID J. GREENE,
Petitioner,
vs.
NEW JERSEY DEPARTMENT OF EDUCATION,
STATE BOARD OF EXAMINERS,
Respondent.
_____________________________________
Russell Bloch, Esq. for Petitioner
Nicole T. Castiglione, Deputy Attorney General for Respondent (Christopher S.
Porrino, Attorney General of New Jersey, attorneys)
Record Closed: June 16, 2017 	Decided: June 20, 2017
BEFORE THOMAS R. BETANCOURT, ALJ:

OAL DKT. NO. EDU 01344-17
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STATEMENT OF THE CASE AND PROCEDURAL HISTORY
Petitioner challenges the denial of his application for issuance of a Teacher of
Elementary School certificate and a Teacher of Students with Disabilities certificate, by
Respondent or the Board. 	The Department of Education transmitted the matter to the
Office of Administrative Law (OAL), where it was filed on January 30, 2017 as a
contested case. N.J.S.A. 52:14B-1 to –15; N.J.S.A. 52:14F-1 to –13.
A prehearing conference was held on February 23, 2017, and a prehearing Order
was entered by the undersigned on February 24, 2017.
Petitioner submitted a request via email on March 9, 2017 for the undersigned to
“intervene” and compel discovery. 	Petitioner and Respondent were advised that the
request would be treated as a motion to compel discovery. 	Respondent filed its reply
brief dated March 15, 2017. 	Petitioner submitted a response thereto dated March 17,
2017. 	A telephone conference on Petitioner’s motion was held on March 23, 2017,
wherein it was agreed by the parties that Respondent has complied with Petitioner’s
discovery request and that the motion to compel discovery is now moot. 	An order
dismissing the motion as moot was issued on March 23, 2017.
Russell Bloch, Esq., entered his appearance on behalf of Petitioner with the filing
of a motion for summary decision on May 19, 2017. 	Respondent filed a cross motion
for summary decision on May 19, 2017. 	Petitioner filed a reply brief on May 31, 2017.
Respondent filed a reply brief on June 7, 2017. Petitioner filed a sur-reply brief on June
16, 2017. Respondent filed a sur-reply brief on June 16, 2017.
FINDINGS OF FACT
The following facts are not in dispute:
1. 	Petitioner applied to the Board for a Teacher of 	Students with Disabilities
Certificate of Eligibility (CE) on November 5, 2015. (Exhibit A Respondent’s brief)

OAL DKT. NO. EDU 01344-17
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2. 	The Board advised Petitioner that a Teacher of Students with Disabilities CE was
not 	a 	standalone 	certificate 	and 	that 	Petitioner 	needed 	to 	apply 	for 	an
instructional certificate that corresponded with the subject or grade level he
wished to teach. (Exhibit B Respondent’s brief)
3. 	Petitioner then applied to the Board for a Teacher of Elementary School CE on
March 13, 2016. (Exhibit C Respondent’s brief)
4. 	Petitioner submitted to the Board a Verification of Program Completion (VOPC)
from George Washington University relative to his master’s degree. 	(Exhibit D
Respondent’s brief)
5. 	The VOPC form indicated that Petitioner had not completed George Washington
University’s state approved educator preparation program and that he was not
eligible for certification in the District of Columbia because his individualized
master’s 	degree 	program 	was 	not 	approved 	for 	licensure. 	(Exhibit 	D
Respondent’s brief)
6. 	The Board, via letter dated March 29, 2016, notified Petitioner of deficiencies in
his application. (Exhibit E Respondent’s brief)
7. 	The Board, via letter dated June 3, 2017, notified Petitioner that he was ineligible
for a Teacher of Students with Disabilities CE as he was ineligible for a Teacher
of Elementary School CE. (Exhibit F Respondent’s brief)
8. 	Petitioner appealed both the March 29, 2016 and June 3, 2016 Board decisions,
and also amended his applications to request a Teacher of Elementary School
CEAS 	and 	a 	Teacher 	of 	Students 	with 	Disabilities 	CEAS. 	(Exhibit 	G
Respondent’s brief)
9. 	The Board heard the appeal on September 16, 2016, at which time Petitioner
provided the Board with a copy of his official transcript from Excelsior College.
(Exhibit H and Exhibit I Respondent’s brief)
10. The Board denied Petitioner’s applications for a Teacher of Elementary School
CEAS and a Teacher of Students with Disabilities CEAS by its decision dated
November 1, 2016. (Exhibit I Respondent’s brief)

OAL DKT. NO. EDU 01344-17
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11. The basis for the denial was the Board’s determination that Petitioner did not
satisfy the regulatory requirements for a Teacher of Elementary School CEAS as
he did not complete an educator preparation program in elementary education
and 	that 	he 	lacked 	sixty 	semester 	hour 	credits 	in 	liberal 	arts. 	(Exhibit 	I
Respondent’s brief)
12. The Board also denied Petitioner’s application for a Teacher of Students with
Disabilities CEAS as he was ineligible for a Teacher of Elementary School
CEAS. (Exhibit I Respondent’s brief)
13. The Board awarded a total of fifteen credits, towards the sixty required for a
CEAS, after 	a review of 	the credentials submitted by Petitioner. 	(Exhibit I
Respondent’s brief)
14. Petitioner received a bachelor’s degree from Yeshiva College in 2006. (Exhibit A
Greene affidavit)
15. Petitioner received a Masters of Education and Human Development degree
from George Washington University Graduate School of Education in 2007.
(Exhibit A Greene affidavit)
16. Petitioner enrolled at Excelsior College and received a B.S. in Judaic Studies.
(Exhibit B Greene affidavit)
17. Excelsior College accepted sixty credits earned at Yeshiva College. 	(Exhibit B
Greene affidavit)
18. Excelsior College utilized the National College Credit Recommendation Service
(NCCRS) to determine which credits earned at Yeshiva College should be
accepted at Excelsior College. (Greene affidavit ¶10 and ¶11 and Exhibit D
Greene Affidavit)
19. Yeshiva College is a non-accredited institution.
20. Excelsior is a regionally accredited institution. (Greene affidavit ¶10)
21. Petitioner has worked as a teacher in private elementary and middle schools
teaching mathematics, English, reading, social studies, science, Jewish studies
and special education. (Greene affidavit ¶18 and Exhibit B Greene affidavit)

OAL DKT. NO. EDU 01344-17
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22. Petitioner holds a License A from the National Board of License for Teachers and
Supervisors in North American Jewish Schools. (Exhibit B Greene affidavit)
23. Petitioner has never completed an educator preparation program in elementary
education.
LEGAL ANALYSIS AND CONCLUSION
Standard for Summary Decision
A motion for summary decision may be granted if the papers and discovery
presented, as well as any affidavits which may have been filed with the application,
show that there is no genuine issue of material fact and the moving party is entitled to
prevail as a matter of law. N.J.A.C. 1:1-12.5(b). If the motion is sufficiently supported,
the non-moving party must demonstrate by affidavit that there is a genuine issue of fact
which can only be determined in an evidentiary proceeding, in order to prevail in such
an 	application. Ibid. These 	provisions 	mirror 	the 	summary 	judgment 	language 	of
R. 4:46-2(c) of the New Jersey Court Rules.
The motion judge must “consider whether the competent evidential materials
presented, when viewed in the light most favorable to the non-moving party . . . , are
sufficient to permit a rational fact finder to resolve the alleged disputed issue in favor of
the non-moving party.” Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 523 (1995).
And even if the non-moving party comes forward with some evidence, this forum must
grant summary decision if the evidence is “so one-sided that [the moving party] must
prevail as a matter of law.” Id. At 536 (citation omitted).
In the instant matter each party seeks summary decision.
Teacher Certification
The Board has the authority to issue certificates to teach in New Jersey public
schools. N.J.S.A. 18A:6-38.

OAL DKT. NO. EDU 01344-17
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Petitioner sought from the Board a certification as a Teacher of Elementary
Education with Advanced Standing (CEAS). 	In order to receive a CEAS an applicant
must satisfy the requirements set forth in N.J.A.C. 6A:9B-8.2, which states in pertinent
part:
(a) 	Except as indicated in N.J.A.C. 6A:9B-10 and 11, the candidate shall meet
the 	following 	criteria 	to 	be 	eligible 	for 	a 	CEAS 	in 	instructional 	areas:
1. 	Hold a bachelor's or an advanced degree from a regionally accredited
college 	or 	university;
2. 	Meet all minimum requirements in N.J.A.C. 6A:9B-5, including, but not
limited to, citizenship, minimum age, and the examination in physiology, hygiene,
and 	substance 	abuse.
3. 	Achieve a cumulative GPA of at least 3.00 when a GPA of 4.00 equals an
A 	grade 	for 	candidates 	graduating 	on 	or 	after 	September 	1, 	2016, 	in 	a
baccalaureate degree program, higher degree program, or a State-approved
post-baccalaureate certification program with a minimum of 13 semester-hour
credits.
i. 	Candidates 	whose 	college 	transcripts 	demonstrate 	completion 	of 	all
requirements for 	graduation 	prior 	to 	September 	1 	in 	any 	year, 	but 	whose
baccalaureate 	or 	higher 	degree 	was 	conferred 	between 	September 	1 	and
December 31 of the same year, shall be deemed to have graduated prior to
September 	1 	of 	the 	same 	year.
ii. If the candidate does not meet the 3.00 GPA requirement, he or she shall meet
the 	exception 	criteria 	in 	(c) 	below.
4. 	Satisfy 	the 	endorsement 	requirements 	and 	exceptions 	pursuant 	to
N.J.A.C. 	6A:9B-9 	through 	11, 	including, 	but 	not 	limited 	to, 	passing 	the
appropriate 	State 	test(s) 	of 	subject 	matter 	knowledge 	and 	completing 	the

OAL DKT. NO. EDU 01344-17
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required 	subject-area 	course 	requirements;
5. 	Be 	recommended 	for 	State 	licensure 	by 	a 	New 	Jersey 	educator
preparation program approved pursuant to N.J.A.C. 6A:9A-3, or an out-of-State
program approved by the state in which it is located and pursuant to the out-of-
State 	program 	rules 	in 	(b)2 	through 	5 	below;
i. The New Jersey educator preparation program and out-of-State program shall
submit 	the 	recommendation 	on 	an 	Office-provided 	form; 	and
6. 	Pass 	a 	Commissioner-approved 	performance-based 	assessment 	of
teaching 	if 	graduated 	on 	or 	after 	September 	1, 	2017.
(b) To be eligible for a CEAS in instructional fields, the candidate shall complete
one of the following educator preparation programs that shall include supervised
clinical 	practice:
1. 	A New Jersey college program, graduate or undergraduate, approved by
the Department for the preparation of teachers pursuant to N.J.A.C. 6A:9A-3;
2. 	A 	college 	preparation 	program 	included 	in 	the 	interstate 	certification
reciprocity 	system 	of 	NASDTEC;
3. 	An 	out-of-State 	educator 	preparation 	program 	approved 	by 	NCATE,
TEAC, 	or 	any 	other 	national 	professional 	education 	accreditation 	body
recognized by the Council on Higher Education Accreditation or approved by the
Commissioner;
4. 	An 	educator 	preparation 	program 	approved 	for 	certification 	by 	the
Department in one of the states party to the NASDTEC Interstate Contract,
provided the program was completed on or after January 1, 1964, and the state
in 	which 	the 	program 	is 	located 	would 	issue 	the 	candidate 	a 	comparable
endorsement; 	or

OAL DKT. NO. EDU 01344-17
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5. 	An out-of-State college educator preparation program approved by the
department of education in the state in which the program is located.
Petitioner also sought from the Board a certification as a Teacher of Students
with Disabilities with Advanced Standing (CEAS). 	In order to receive a CEAS as a
Teacher of Student with Disabilities an applicant must satisfy the requirements set forth
in N.J.A.C. 6A:9B-11.4(a), which states in pertinent part: A candidate for a CE or CEAS
with a teacher of students with disabilities endorsement shall complete the certification
requirements pursuant to N.J.A.C. 6A:9B-8. Further, to obtain Teacher of Students with
Disabilities CEAS an applicant is required to an educator preparation program. N.J.A.C.
6A:9B-11.4(b).
It is undisputed that Petitioner has never completed an educator preparation
program of any kind. 	Petitioner argues that this is not a requirement for issuance of a
Teacher of Elementary Education CEAS. 	I disagree. 	The plain language of N.J.A.C.
6A:9B-8.2 mandates that a candidate for a Teacher of Elementary Education CEAS
complete of an educator preparation program. 	A recommendation is also required.
N.J.A.C. 6A:9B-8.2(a)5 states: “Be recommended for State licensure by a New Jersey
educator preparation program approved pursuant to N.J.A.C. 6A:9A-3, or an out-of-
State program approved by the state in which it is located and pursuant to the out-of-
State program rules in (b)2 through 5 below”. 	Petitioner has neither the requisite
program completion nor the requisite recommendation.
As it is clear that Petitioner is not eligible for either a Teacher of Elementary
School CEAS, or a Teacher of Students with Disabilities CEAS, due to his lack of the
required recommendation and completion of an educator preparation program, it is not
necessary to determine whether or not the Board erred in granting Petitioner credit for
his previous undergraduate and graduate work at Yeshiva College, George Washington
University and Excelsior College.

OAL DKT. NO. EDU 01344-17
9
Based upon the above, I CONCLUDE that Petitioner’s motion for summary
decision 	be 	DENIED; 	and 	that 	Respondent’s 	motion 	for 	summary 	decision 	be
GRANTED.
ORDER
Based upon the forgoing, Petitioner’s motion for summary decision is DENIED;
and Respondent’s cross motion for summary decision is GRANTED; and Petitioner’s
appeal is DISMISSED with prejudice.
I 	hereby 	FILE 	this 	initial 	decision 	with 	the 	COMMISSIONER 	OF 	THE
DEPARTMENT OF EDUCATION for consideration.
This 	recommended 	decision 	may 	be 	adopted, 	modified 	or 	rejected 	by 	the
COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is authorized
to make a final decision in this matter. 	If the Commissioner of the Department of
Education does not adopt, modify or reject this decision within forty-five days and unless
such time limit is otherwise extended, this recommended decision shall become a final
decision in accordance with N.J.S.A. 52:14B-10.

OAL DKT. NO. EDU 01344-17
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Within thirteen days from the date on which this recommended decision was
mailed to the parties, any party may file written exceptions with the COMMISSIONER
OF THE DEPARTMENT OF EDUCATION, ATTN: 	BUREAU OF CONTROVERSIES
AND DISPUTES, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey
08625-0500, marked "Attention: Exceptions." A copy of any exceptions must be sent to
the judge and to the other parties.
June 20, 2017
DATE 	THOMAS R. BETANCOURT, ALJ
Date Received at Agency:
Date Mailed to Parties:
db

OAL DKT. NO. EDU 01344-17
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APPENDIX
List of Moving Papers
For Petitioner:
Notice of Motion for Summary Decision filed May 19, 2017
Brief in support of motion
Affidavit of David Greene
Attorney Affirmation with Exhibits A through E
Certification of Service
Reply brief filed May 31, 2017
Sur-reply brief filed June 16, 2017
For Respondent:
Cross Motion for Summary Decision filed May 18, 2017
Brief in support of Cross Motion for Summary Decision
Certification of Counsel with Exhibits A through J
Certification of Service
Reply brief filed June 7, 2017
Certification of Counsel with Exhibit K (Certification of Robert R. Higgins, Ph.D.)
Certification of Service
Sur-reply brief filed June 16, 2017
Certification of Counsel with Exhibit L and Exhibit M