In the Matter of Jim Kelly, Eagleswood Board of Education, Ocean County, 8/8/25 (#392-25SEC)

392-25SEC
SEC Dkt. No. T21-25
Agency Dkt. No. 207-6/25
New Jersey Commissioner of Education
Final Decision
In the Matter of Jim Kelly, Eagleswood Board of
Education, Ocean County
The record of this matter and the decision of the School Ethics Commission (SEC) have been
reviewed. The SEC found that respondent violated N.J.S.A. 18A:12-33 by failing to timely complete
the required board member training. The SEC’s decision was forwarded to the Commissioner for
final determination on the recommended penalty pursuant to N.J.S.A. 18A:12-29(c). 	The SEC
recommended a penalty of censure. Respondent has neither filed exceptions to the recommended
penalty, nor instituted an appeal of the SEC’s underlying finding of violation pursuant to N.J.A.C.
6A:4-1 et seq.
Upon review, the Commissioner concurs with the penalty recommended by the SEC for
respondent’s failure to timely honor an obligation placed upon school officials by law. Accordingly,
respondent is censured for violating the School Ethics Act.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	August 8, 2025
Date of Mailing: 	August 11, 2025
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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Before the School Ethics Commission
Docket No.: T21-25
Decision for Failure to Complete Mandatory Training
Requirement in a Timely Manner
I/M/O Jim Kelly,
Eagleswood Board of Education, Ocean County
I. 	Procedural History
This matter arises from an Order to Show Cause (OTSC) that was issued by the School
Ethics Commission (Commission) in connection with the above-captioned matter at its meeting on
May 20, 2025, directing Jim Kelly (Respondent), a “board member” as defined in N.J.S.A. 18A:12-
23 of the School Ethics Act (Act), N.J.S.A. 18A:12-21 et seq., to show cause as to why the
Commission should not find Respondent in violation of the Act, for failing to complete training as
required by N.J.S.A. 18A:12-33 and N.J.A.C. 6A:28-4.1.
In the OTSC that was served on May 20, 2025, the Commission notified Respondent that he
had twenty (20) days to respond to the OTSC. Respondent was further advised that failure to
respond would be deemed an admission of the facts set forth in the OTSC, and the Commission
may take action on a summary basis, in accordance with N.J.A.C. 6A:28-1.6(c).
II. 	Analysis
The Act was enacted by the New Jersey State Legislature to ensure and preserve public
confidence in members of local boards of education and local school administrators. N.J.S.A.
18A:12-33 and N.J.A.C. 6A:28-4.1 require every board member to complete a training program
prepared and offered by the New Jersey School Boards Association (NJSBA).
Respondent is a member of the Eagleswood Board of Education, located in Ocean County.
As a result of his position as a board of education member, and in accordance with N.J.S.A. 18A:12-
33 and N.J.A.C. 6A:28-4.1, Respondent is required to complete a mandated training program on an
annual basis. For convenience and ease, the training is offered online so any board member may
complete it at any time, from anywhere. According to NJSBA, Respondent was required to
complete the Governance 2 training program by December 31, 2024.
On or about March 17, 2025, the NJSBA provided the Commission with the names of those
board of education members who failed to complete mandated training by December 31, 2024, and
the list provided included Respondent. Prior to that time, multiple communications about mandated
training were sent to Respondent from the NJSBA through a variety of means, including targeted e-
mail messages on November 6, 2024, January 6, 2025, February 24, 2025, March 17, 2025, and
May 12, 2025, as well as postings in School Board Notes on 25 occasions. Notwithstanding all of
these communications, Respondent did not complete mandated training.

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As a final warning, the Commission’s staff sent e-mails to Respondent dated April 11, 2025,
and April 25, 2025, advising Respondent that the Commission required completion of the training
by May 13, 2025, to avoid the issuance of an OTSC for non-compliance. Again, notwithstanding
this correspondence, Respondent did not complete the required training. As a result, an OTSC was
issued by the Commission at its meeting on May 20, 2025.
To date, there is no dispute that Respondent did not complete his required training by
December 31, 2024, and did not complete the training prior to the Commission’s final deadline of
May 13, 2025, and therefore, the Commission issued an OTSC at its meeting on May 20, 2025.
After having been served with the OTSC, Respondent completed his training requirement on May
30, 2025, and also filed a response to the Commission’s OTSC. In his response, Respondent
claimed that he “attempted to submit [his mandatory training] several times but experienced
technical difficulties.” Importantly, Respondent did not deny that he did not complete training in a
timely fashion as required by N.J.S.A. 18A:12-33 and N.J.A.C. 6A:28-4.1.
III. 	Decision/Penalty Recommendation
N.J.A.C. 6A:28-4.2(d) provides that school board members and charter school trustees who
fail to comply with their training mandate shall be considered in violation of N.J.S.A. 18A:12-33.
Based on the record as set forth above, at its meeting on June 17, 2025, the Commission found that
Respondent violated N.J.S.A. 18A:12-33. Respondent received repeated notifications of his training
requirement, and had ample opportunity to complete the mandated training in a timely fashion;
nonetheless, Respondent failed to complete training as required.
Where a violation of the Act is found by the Commission, it may recommend to the
Commissioner of Education that a penalty be imposed. The recommended penalty can include a
reprimand, censure, suspension or removal of the school official. N.J.A.C. 6A:28-9.11. Specifically,
unless good cause is shown or the school official previously has been the subject of an OTSC, “the
Commission shall recommend that a board member or trustee who completes training after the
issuance of an Order to Show Cause, but before the Commission issues its decision, receives a
censure.” N.J.A.C. 6A:28-4.3(b). For the reasons set forth above, the Commission recommends that
the Commissioner of Education impose a penalty of censure.
For the reasons set forth above, the Commission recommends that the Commissioner of
Education impose a penalty of censure.
Pursuant to N.J.S.A. 18A:12-29(c), this decision shall be forwarded to the Commissioner of
Education for review of the Commission’s recommended penalty. Respondent may either: 1) file
exceptions to the recommended sanction; 2) file an appeal of the Commission’s finding of a
violation; or 3) file both exceptions to the recommended sanction together with an appeal of the
finding of a violation.
Parties taking exception to the recommended sanction of the Commission but not disputing
the Commission’s finding of a violation may file, within thirteen (13) days from the date the
Commission’s decision is forwarded to the Commissioner, written exceptions regarding the
recommended penalty to the Commissioner. The forwarding date shall be the mailing date to the
parties, as indicated below. Such exceptions must be forwarded to: Commissioner of Education, c/o
Bureau of Controversies and Disputes, P.O. Box 500, Trenton, New Jersey 08625, marked

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“Attention: 	Comments 	on 	Ethics 	Commission 	Sanction.” 	as 	well 	as 	to
(ControversiesDisputesFilings@doe.nj.gov). 	A 	copy 	must 	also 	be 	sent 	to 	the 	Commission
(school.ethics@doe.nj.gov) and all other parties.
Parties seeking to appeal the Commission’s finding of violation must file an appeal pursuant
to the standards set forth at N.J.A.C. 6A:4:1 et seq. within thirty (30) days of the filing date of the
decision from which the appeal is taken. The filing date shall be three (3) days after the date of
mailing to the parties, as shown below. In such cases, the Commissioner’s review of the
Commission’s recommended sanction will be deferred and incorporated into the Commissioner’s
review of the finding of violation on appeal. Where a notice of appeal has been filed on or before
the due date for exceptions to the Commission’s recommended sanction (thirteen (13) days from the
date the decision is mailed by the Commission), exceptions need not be filed by that date, but may
be incorporated into the appellant’s briefs on appeal.
______________________________
Robert W. Bender, Chairperson
Mailing Date: June 17, 2025

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Resolution Adopting Decision for Failure to Complete Mandatory
Training Requirement in a Timely Manner
Docket No.: T21-25
Whereas, Jim Kelly (Respondent) is a “board member” as defined in N.J.S.A. 18A:12-23 of
the School Ethics Act (Act); and
Whereas, as a board member, Respondent is required to complete a training program
prepared and offered by the New Jersey School Boards Association (NJSBA) on an annual basis;
and
Whereas, Respondent failed to complete his training program by December 31, 2024; and
Whereas, at its meeting on May 20, 2025, the School Ethics Commission (Commission)
issued an Order to Show Cause (OTSC) directing Respondent to show cause as to why he failed to
complete his mandatory training by December 31, 2024, as required by N.J.S.A. 18A:12-33 and
N.J.A.C. 6A:28-4.1; and
Whereas, after having been served with the OTSC, Respondent completed his training
requirement, and also filed a response to the Commission’s OTSC that did not dispute that he did
not complete training in a timely fashion; and
Whereas, at its meeting on June 17, 2025, the Commission found that Respondent violated
N.J.S.A. 18A:12-33 and N.J.A.C. 6A:28-4.1 by failing to complete the training requirement he was
obligated to complete; and
Whereas, at its meeting on June 17, 2025, the Commission recommended that the
Commissioner of Education impose a penalty of censure on Respondent; and
Whereas, at its meeting on June 17, 2025, the Commission agreed that the within decision
accurately memorializes its findings and recommendations; and
Now Therefore Be It Resolved, that the Commission hereby adopts the within decision and
directs its staff to notify all parties to this action of the decision.
_____________________________
Robert W. Bender, Chairperson
I certify that the within Resolution was duly adopted
by the School Ethics Commission at its public meeting
on June 17, 2025.
Dana Jones
School Ethics Commission