Askiaa Nash v. New Jersey Board of Examiners, 1/14/19, (#14-19)

14-19
Askiaa Nash, 	:
Petitioner, 	:
V. 	: 	Commissioner of Education
New Jersey State Board of Examiners 	: 	Decision
:
Respondent.
:
Synopsis
In December 2016, the New Jersey State Board of Examiners (Board) denied the petitioner’s
application for a Standard Educational Services Certificate of Eligibility with an Associate School
Library Media Specialist (ASLMS) endorsement. Petitioner’s application was denied because he had
not completed the coherent college program outlined under N.J.A.C 6A:9B-14.15(e)(2), and had not
completed a year-long school-based residency program in a school library media center, as required
under N.J.A.C 6A:9B-14.15(e)(3). 	Petitioner argued that the Board should have awarded him the
certificate he sought because he completed the required coursework under the prior regulations and
was incarcerated when the regulations governing the issuance of the ASLMS endorsement changed.
The Board contended that even if petitioner had applied for the ASLMS endorsement when he
completed course requirements, he still would not have been eligible for the endorsement under the
prior regulations because he did not possess a standard New Jersey teacher’s certificate at the time.
The ALJ found, inter alia, that: the petitioner received an Alternate Route Provisional Teacher
Certificate of Eligibility in 1993, and was hired by the Newark Public Schools as an education media
specialist under emergency certificates from September 1993 to September 2000; 	petitioner
completed coursework for his college degree from Montclair State University by August 1995, but
never applied for his standard New Jersey teacher’s certificate; in January 2001, petitioner was tried
and sentenced to twenty-two years in prison, which sentence was overturned in 2013 and his record
expunged; subsequently, in 2016, petitioner applied for a Standard Educational Services Certificate
of Eligibility with an ASLM endorsement, having previously never applied for this certificate;
petitioner’s argument that he should have been awarded the Standard Certificate with an ASLMS
because he had completed the required college courses under the regulations in effect prior to his
incarceration, and therefore the requirement should be waived, is without merit. The ALJ concluded
that petitioner is ineligible for a Standard Educational Services Certificate of Eligibility with an
ASLMS under both N.J.A.C 6A:9B-14.15(e)(2) and N.J.A.C 6A:9B-14.15(e)(3), and accordingly
dismissed the matter.
Upon review, the Commissioner concurred with the ALJ’s findings and conclusion; accordingly, the
Initial Decision of the OAL was adopted as the final decision in this matter. 	The petition was
dismissed.
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.
January 14, 2019

OAL Dkt. No. EDU 01135-18
Agency Dkt. No. 271-11/17
Askiaa Nash, 	:
Petitioner, 	:
V. 	: 	Commissioner of Education
New Jersey State Board of Examiners 	: 	Decision
:
Respondent.
:
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL) have been reviewed. The parties did not file exceptions.1
Upon review, the Commissioner agrees with the Administrative Law Judge that
petitioner does not meet the regulatory requirements for a Standard Educational Services Certificate
of Eligibility with an Associate School Library Media Specialist endorsement. As such, respondent
did not act in an arbitrary, capricious, or unreasonable manner when it denied petitioner’s
application.
Accordingly, the Initial Decision of the OAL is adopted as the final decision in this
matter – for the reasons thoroughly expressed therein – and the petition is hereby dismissed.
IT IS SO ORDERED.2
COMMISSIONER OF EDUCATION
Date of Decision: January 14, 2015
Date of Mailing: 	January 15, 2015
1 The Commissioner was not provided with a copy of the transcript of the October 10, 2018 hearing at the OAL.
2 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
OAL DKT. NO. EDU 01135-18
AGENCY DKT. NO. 271-11/17
ASKIAA NASH,
Petitioner,
v.
NEW JERSEY BOARD OF EXAMINERS,
Respondent.
____________________________________
Askiaa Nash, petitioner, pro se
Geoffrey N. Stark, Deputy Attorney General, for respondent (Gurbir S. Grewal,
Attorney General of New Jersey, attorney)
Record Closed: November 13, 2018 	Decided: November 29, 2018
BEFORE BARRY E. MOSCOWITZ, ALJ:
STATEMENT OF THE CASE
On December 15, 2016, the State Board of Examiners denied Askiaa Nash’s
application 	for 	a 	Standard 	Educational 	Services 	Certificate 	of 	Eligibility 	with 	an
Associate School Library Media Specialist (ASLMS) Endorsement. 	Nash argues that
the prior regulations apply and that their certification requirements should be waived. 	If

OAL DKT. NO. EDU 01135-18
2
the prior regulations are applied, can the certification requirements be waived? 	No.
Under N.J.A.C. 6A:5-1.3(a)(1)(i), certification requirements cannot be waived.
PROCEDURAL HISTORY
On November 1, 2016, Nash applied to the State Board of Examiners for a
Standard Educational Services Certificate of Eligibility with an ASLMS Endorsement
under N.J.A.C. 6A:9B-14.15(e).
On December 15, 2016, the Board denied the application because Nash had not
completed “a coherent college program at a regionally accredited college or university
that includes a minimum of nine semester-hour credits in educational theory, curriculum
design 	and 	integration, 	teaching 	methodology, 	student/learning 	development, 	and
behavior management” under N.J.A.C. 6A:9B-14.15(e)(2), and he had not completed “a
year-long school-based residency program in a school library media center” under
N.J.A.C. 6A:9B-14.15(e)(3).
On October 23, 2017, Nash appealed the determination.
On January 22, 2018, the Department of Education transmitted the case to the
Office of Administrative Law as a contested case under the Administrative Procedure
Act, N.J.S.A. 52:14B-1 to -15, and the act establishing the Office of Administrative Law,
N.J.S.A. 52:14F-1 to -23, for a hearing under the Uniform Administrative Procedure
Rules, N.J.A.C. 1:1-1.1 to -21.6.
FINDINGS OF FACT
Based 	on 	the 	testimony 	the 	parties 	provided, 	and 	my 	assessment 	of 	its
credibility, together with the documents the parties submitted and my assessment of
their sufficiency, I FIND the following as FACT:
In 1993, Nash applied for and received an Alternate Route Provisional Teacher
Certificate of Eligibility.

OAL DKT. NO. EDU 01135-18
3
On September 1, 1993, Nash was hired by the Newark Public Schools as an
education media specialist. 	He was issued emergency certificates from September
1993 to September 2000. 	By August 1, 1995, Nash had completed his coursework at
Montclair State University.
Nash, however, never applied for his standard New Jersey teacher’s certificate.
Meanwhile, on January 1, 2001, Nash was tried and sentenced to twenty-two
years in prison. On January 23, 2013, his conviction was overturned. On May 1, 2013,
his record was expunged.
In 2016, Nash applied for but was denied a Standard Educational Services
Certificate of Eligibility with an ASLMS Endorsement.
Parenthetically, Nash had never applied for a Standard Educational Services
Certificate of Eligibility with an ASLMS Endorsement before 2016.
CONCLUSIONS OF LAW
Nash argues that the Board should have awarded him the Standard Educational
Services Certificate of Eligibility with an ASLMS Endorsement because he completed
the required courses at Montclair under the prior regulations and was incarcerated when
the regulations governing the issuance of the ASLMS endorsement changed.
The Board argues that even if Nash had applied for an ASLMS endorsement
when he completed the required courses at Montclair, he still would have been ineligible
for the endorsement under the prior regulations because he did not possess a standard
New Jersey teacher’s certificate at the time.
At that time, the regulations governing the ASLMS endorsement required (1) a
bachelor’s degree from an accredited college, (2) a standard New Jersey teacher’s
certificate, and (3) successful completion of a college curriculum approved by the New

OAL DKT. NO. EDU 01135-18
4
Jersey Department of Education for issuing the endorsement or a minimum of eighteen
semester-hour credits of undergraduate or graduate study in educational media. 	See
N.J.A.C. 6:11-11.18.
As the parties stipulated at the hearing, Nash had a bachelor’s degree from an
accredited college, and had successfully completed a minimum of eighteen semester-
hour credits of undergraduate or graduate study in educational media, but he did not
have a standard New Jersey teacher’s certificate.
Nash argues that this requirement should be waived. 	Such waiver, however, is
unavailable. 	As the Board notes, the regulation governing waiver expressly states that
certification requirements cannot be waived. See N.J.A.C. 6A:5-1.3(a)(1)(i).
Given this brief discussion, I CONCLUDE that Nash is ineligible for a Standard
Educational Services Certificate of Eligibility with an ASLMS endorsement under both
N.J.A.C. 6A:9B-14.15(e) and N.J.A.C. 6:11-11.18.
ORDER
Given my findings of fact and conclusions of law, I ORDER that this case be
DISMISSED.
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 01135-18
5
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.
November 29, 2018
DATE 	BARRY E. MOSCOWITZ, ALJ
Date Received at Agency: 	November 29, 2018
Date Mailed to Parties:
dr

OAL DKT. NO. EDU 01135-18
6
APPENDIX
Witnesses
For Petitioner:
Askiaa Nash
For Respondent:
Robert Higgins
Documents
For Petitioner:
P-1 	Board Decision, dated December 15, 2016
P-2 	Not in Evidence
P-3 	Excerpt from Course Catalog, undated
For Respondent:
R-1 	Printout from Teacher Certification Information System, undated
R-2 	Prior regulations, dated September 17, 1996
R-3 	Transcript from Bloomfield College, undated
R-4 	Transcript from Montclair State University, undated
R-5 	Current regulations, undated