In the Matter of the Suspension of the Teaching Certificate of Shazia Ahmad, Academy Charter School, Inc., Hudson County, 11/30/2023, (#354-23)

354-23
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificate of Shazia Ahmad,
Empowerment Academy Charter School,
Hudson County.
Synopsis
On November 10, 2022, Empowerment Academy Charter School (Empowerment) filed an Order
to Show Cause with the Commissioner against respondent Shazia Ahmad, a mathematics teacher
at the school. The Commissioner ordered that the respondent show cause as to why an Order
suspending her teaching certificate should not be entered for unprofessional conduct pursuant
to N.J.S.A. 18A:26-10 after she resigned her position without giving the sixty-day (60) notice
required by her contract with the petitioner. The respondent filed an answer stating that she
was unable to fulfill her contractual obligations because of an urgent family matter involving the
medical needs of her child.
The ALJ found, inter alia, that: the respondent did nothing to help Empowerment minimize the
impact 	on 	her 	students 	when 	she 	left 	employment, 	nor 	did 	she 	seek 	assistance 	or
accommodations to allow her to continue her teaching role at Empowerment; further the
mitigating circumstances put forth by the respondent lacked adequate contemporaneous
documentation or support; 	the medical needs of respondent’s son when she resigned were
unclear, but did not impact her ability to work essentially full-time as a substitute teacher
immediately after her resignation and for many months thereafter. The ALJ concluded that
petitioner failed to present exceptional circumstances or compelling reasons that would warrant
a lesser suspension for her failure to provide the notice required under her contract. Accordingly,
the ALJ ordered that respondent’s teaching certificate be suspended for one year for resigning
without providing the required notice, in violation of N.J.S.A. 18A:26-10.
Upon review, the Commissioner concurred with the Administrative Law Judge that respondent’s
resignation from employment on short notice justifies suspension of respondent’s teaching
certificates pursuant to N.J.S.A. 18A:26-10 and N.J.S.A. 18A:28-8. 	Accordingly, respondent’s
teaching certificates were suspended for a period of one year from the filing date of the
Commissioner’s decision, a copy of which was forwarded to the State Board of Examiners for
implementation of the suspension.
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.

OAL Dkt. No. EDU 00960-23
Agency Dkt. No. 308-11/22
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the Teaching
Certificate of Shazia Ahmad, Empowerment
Academy Charter School, Hudson County.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL) have
been reviewed and considered. The parties did not file exceptions.
Upon review, the Commissioner adopts the Initial Decision as the Final Decision in this matter.
The Commissioner concurs with the Administrative Law Judge that respondent’s September 26, 2022,
resignation from employment on short notice justifies suspension of respondent’s teaching certificates
pursuant to N.J.S.A. 18A:26-10 and N.J.S.A. 18A:28-8.
Accordingly, respondent’s teaching certificates are suspended for a period of one year from the
filing date of this decision, a copy of which shall be forwarded to the State Board of Examiners for
implementation of the suspension.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
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.
354-23
November 30, 2023
December 1, 2023

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 00960-22
AGENCY DKT. NO. 308-11-22
IN 	THE 	MATTER 	OF 	THE 	TEACHING
CERTIFICATE 	OF 	SHAZIA 	AHMAD,
EMPOWERMENT 	ACADEMY 	CHARTER
SCHOOL, HUDSON COUNTY
_____________________________________
Thomas O. Johnston, Esq., for petitioner (Johnston Law Firm, LLC, attorneys)
Shazia Ahmad, respondent, pro se
Record Closed: September 29, 2023 	Decided: October 19, 2023
BEFORE NANCI G. STOKES, ALJ:
STATEMENT OF THE CASE
On September 26, 2022, petitioner Shazia Ahamad (Ahamad), a teacher at
Empowerment Academy Charter School (Empowerment), resigned immediately despite
the sixty-day notice required by her contract and began nearly full-time employment as
a substitute teacher. 	Should Ahmad's teaching certificate be suspended? 	Yes. 	Under
N.J.S.A. 18A:26-10, the failure to provide such notice is misconduct subject to a one-
year certificate suspension, and the Commissioner of Education will reduce the typical
suspension in only rare circumstances.

OAL DKT. NO. EDU 00960-22
2
PROCEDURAL HISTORY
On November 10, 2022, Empowerment filed an Order to Show Cause against
Ahmad with the Commissioner of the Department of Education (Commissioner). the
Commissioner ordered that the respondent show cause as to why an Order suspending
her teaching certificate should not be entered for unprofessional conduct and provided
her with twenty days to respond. Soon after, Ahmand filed an undated answer.
On 	January 	10, 	2023, 	the 	Office 	of 	Administrative 	Law 	(OAL) 	filed 	the
Commissioner’s transmittal of a contested case under the Administrative Procedure Act,
N.J.S.A. 52:14B-1 to -15, and the act establishing the OAL, N.J.S.A. 52:14F-1 to -13, for
a hearing under the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6.
I held several pre-hearing conferences and scheduled hearings for August 30,
2023, which proceeded via Zoom. 	I allowed the parties time to file post-hearing
summations. 	On September 29, 2023, the OAL received Empowerment’s submission,
but no Ahmad filed no summation. On that date, I closed the record.
FINDINGS OF FACT
Based on the records in evidence, my assessment of their sufficiency the
testimony presented, and my evaluation of its credibility, I FIND the following as FACT:
Empowerment Academy is a public charter school in Jersey City, New Jersey.
Ahmad, a non-tenured teacher, resides in Hudson County.
On July 29, 2022, Ahmad executed an employment agreement to work as a
teacher 	at 	Empowerment 	for 	the 	2022-2023 	school 	year. 	The 	contract 	specified
Ahmad's term of employment as August 17, 2022, until June 30, 2023. 	Under the

OAL DKT. NO. EDU 00960-22
3
agreement, Ahmad could unilaterally terminate her job by providing sixty days' written
notice to the school.
On 	September 	26, 	2022, 	Ahmad 	submitted 	a 	written 	resignation 	from 	her
teaching position by email, citing "urgent and unavoidable family matters," effective
immediately.
In response, on September 27, 2022, Empowerment's education director, Shona
Hendry, emailed Ahmad advising that her contract required her to provide sixty days'
notice, or she would be subject to license suspension and a $500 penalty. 	Henry also
expressed concern for Ahmad's situation and offered support. However, Ahmad did not
return or seek assistance from Empowerment. Undeniably, Ahmad did not provide sixty
days’ notice.
Angela 	Thomas, 	Empowerment's 	middle 	school 	principal, 	explained 	how
Ahmad's 	abrupt 	departure 	disrupted 	the 	students' 	education 	at 	Empowerment.
Specifically, Ahmad served as a sixth-grade mathematics teacher at Empowerment,
one of two certified math teachers for that grade. Empowerment expected each teacher
to teach half of the school's sixth graders during designated blocks or class periods.
However, 	during 	the 	2022-2023 	school 	year, 	the 	school 	could 	not 	fill 	Ahamad's
mathematics teaching role with another certified mathematics teacher, a critical subject
area, leaving that instruction short. Ahmad did not assist the school in finding a
replacement or transitioning in her absence.
Ahmad asserts that she did not decide to leave Empowerment lightly. 	Instead,
she 	maintains 	that 	her 	son's 	psychiatric 	condition 	worsened 	in 	September 	2022,
requiring her to leave the position suddenly. 	Ahmad highlights the loss of substantial
income by leaving her full-time job, and her paystubs after her resignation support this
assertion. 	Ahmad 	maintains 	that 	she 	was 	"mentally, 	emotionally 	and 	physically
occupied" with her son's care when she resigned. 	Ahmad's husband observed his

OAL DKT. NO. EDU 00960-22
4
wife's stress during this time. Still, Ahmad supplied no medical evidence that her health
was at risk when she resigned.
To support her son's medical issues, Ahmad supplied a letter from her son's
psychiatrist dated March 25, 2023, explaining that Ahmad's son was under his care for
bipolar disorder, ADHD, and oppositional defiance dysfunction. The physician highlights
that Ahmad is her son's caretaker, helping him with medications, activities of daily living,
and school. 	The physician further advises that Ahmad's caretaking duties are full-time,
making her employment at Empowerment impossible. 	The physician did not testify to
explain his conclusions, and the document contains largely unsupported hearsay, which
I give only minimal weight.
Regardless, the physician's note did not specify Ahmad's caretaking needs when
she resigned in September 2022. Indeed, the physician highlights no physical disability
or an acute crisis involving her son that required Ahmad to quit her job without notice
when she did. 	In September 2022, Ahmad's son was a full-time community college
student and attended school for the 2022-2023 school year. 	Still, Ahmad and her
husband provided credible testimony that their son suffered from conditions requiring
psychiatric care and medication, necessitating some supervision. Ahmad explained that
she often had to stay up to watch over her son through the night. 	However, Ahmad’s
claim that she could not provide notice due to her son's sudden worsening condition is
not adequately supported or credible.
Ahmad also believed that focusing on her son's care would make her an
ineffective 	teacher, 	unable 	to 	prepare 	for 	lessons 	or 	discharge 	her 	teaching
responsibilities professionally. 	To be sure, a substitute teacher position pays less,
making it less desirable, and involves less rigorous planning duties. 	Although Ahmad
asserts that she was overwhelmed with preparing lesson plans, she acknowledges that
she 	sought 	no 	assistance 	or 	support 	from 	Empowerment's 	administration 	before
abruptly resigning. 	Further, despite the school's efforts to offer help upon receiving her
resignation, she did not respond.

OAL DKT. NO. EDU 00960-22
5
Significantly, Ahmad worked for the Jersey City public school system (Jersey
City) after leaving Empowerment. 	Although Ahmad left Empowerment on September
26, 2022, she worked as a substitute per diem teacher for Jersey City on September 27,
28, 29, and 30, 2022. 	In other words, she worked the rest of the work week after she
left her job at Empowerment.
Ahmad also worked as a per diem substitute teacher for Jersey City on October
3, 4, 6, 7, 11, 12, 13, 17, 18, 19, 20, 21, 25, 26, 27, 28, and 31, 2022. 	Notably,
considering 	weekends, 	Columbus 	Day, 	a 	professional 	development 	day 	without
students on October 5, and Diwali on October 24, 2022, Ahmad worked nearly every
day in the month after leaving Empowerment.1 The following month, Ahmad worked on
November 1, 2, 3, 4, 14, 15, 16, 17, 18, 21, 22, 23, 28, 29, and 30, 2022. After counting
the Thanksgiving break and election week's closing, Ahmad worked every open school
day in November 2022.2 	This level of employment continued until at least April, and
Ahmad acknowledges that she worked as a substitute for Jersey City for the rest of the
school 	year. 	Indeed, 	Ahmad's 	paystubs 	through 	April 	2023 	demonstrate 	near
continuous daily per diem work. 	Thus, her son's medical needs did not interfere with
her ability to work as a substitute for Jersey City nearly all school days in the months
after she resigned from Empowerment.
DISCUSSION AND CONCLUSIONS OF LAW
Under N.J.S.A. 18A:26-10, a teaching staff member who ceases to perform their
duties before the term of their employment’s end absent the Board’s consent, “shall be
deemed guilty of unprofessional conduct.” Ibid. In turn, the Commissioner of Education
may suspend the teacher’s certificate for up to one year. 	Id. 	A teacher may escape
liability under the statute by providing appropriate notice, which “is dictated by the terms
of the parties’ employment contract. 	Carrelle v. Bd. of Educ. of Bloomfield, Comm’r
1 I take judicial notice of Jersey City’s 2022 published school calendar. https://jerseycityed.com/jersey-
city-public-school-district-calendar/
2 . https://jerseycityed.com/jersey-city-public-school-district-calendar/

OAL DKT. NO. EDU 00960-22
6
Decision 	No. 	49-04 	(February 	10, 	2004),
http://www.nj.gov/education/legal/commissioner/; 	Boguszewski 	v. 	Bd. 	of 	Educ. 	of
Woodcliff Lake, 1979 S.L.D. 727, 729. 	Indeed, the statute’s purpose is to encourage
notice to the school so that it can hire a suitable replacement “without adversely
impacting students.” Penns Grove-Carneys Point Bd. of Educ. v. Leinen, 94 N.J.A.R.2d
(EDU) 405, 407.
Still, the statute “does not dictate the automatic suspension of a teacher’s
certificate” when a teacher fails to provide the contractual notice. 	In re Falco, EDU
9283-98, 	Comm’r 	(May 	24, 	1999), 	aff’g 	Initial 	Decision 	(April 	7, 	1999),
http://njlaw.rutgers.edu/collections/oal/. 	Instead, the statute gives the Commissioner
discretion to withhold or reduce the penalty where warranted. 	Typically, however, the
Commissioner will suspend a teacher’s certificate for the one-year maximum when the
circumstances show that the teacher failed to provide the sixty-days’ notice “for strictly
personal reasons, putting their own self-interest above the interests of students and
their professional obligation to provide adequate notice to the board.” 	In re Certificates
of Chae Hyuk Im, 2018 N.J. Super. Unpub. LEXIS 1748, at 8-9 (App. Div. July 20,
2018).
In 	rare 	cases, 	the 	Commissioner 	either 	declined 	to 	suspend 	a 	teacher’s
certificate or imposed a lesser suspension because of mitigating circumstances. 	For
example, in Board of Education of Black Horse Pike Regional School District v. Mooney,
1984 S.L.D. 810, the Commissioner denied a school board’s request to suspend a
teacher’s certificate under N.J.S.A. 18A:26-10 because the teacher only resigned on
short notice because her husband took a job in California and because she “gave
immediate notice to the Board in writing and she assisted [her replacement] in the
development of a program through the end of the school year.” Id. at 811, 816.
In In re Bordon, EDU 12810-14, Initial Decision (June 18, 2015), adopted,
Comm’r (July 29, 2015), http://www.nj.gov/education/legal/commissioner/, a teacher’s
certificate was suspended for only three months because she resigned without full

OAL DKT. NO. EDU 00960-22
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notice to take a lower-paying teaching position at a school closer to her home after
suffering a leg injury that made driving difficult. 	In that case, the administrative law
judge concluded, and the Commissioner agreed, that, although the teacher violated
N.J.S.A. 18A:26-10 by providing less than the notice required by her contract, a three-
month 	suspension 	was 	appropriate 	because 	her 	“conduct 	was 	not 	motivated 	by
personal gain [she took a $20,000 pay cut], but rather by a very real medical crisis,” and
“because the Board, through its administration, made no effort to acknowledge her
medical concerns, or offer to discuss any constructive solution.”
Unlike those cases, Ahmad did not help her employer minimize the impact on her
students upon leaving or seek assistance or accommodations to allow her to continue
her role at Empowerment. 	I also found that the mitigating circumstances suggested by
Ahmad lacked adequate contemporaneous support. Precisely, her son's medical needs
when she resigned were unclear and did not impact her ability to work practically full-
time as a substitute teacher. 	This fact also highlights the demand for mathematics
teachers and Empowerment's inability to find a certified mathematics teacher as a
replacement. 	Her son is an adult and attended college during the 2022-2023 school
year, and Ahmad supplied insufficient evidence of a medical crisis concerning her son
or herself when she resigned. 	Thus, I CONCLUDE that Ahmad does not present
exceptional circumstances or compelling reasons that warrant a lesser suspension for
her failure to provide the notice required under her employment contract in violation of
N.J.S.A. 18A:26-10.
ORDER
Given my findings of fact and conclusions of law, I ORDER that Ahmad’s
teaching certificate be suspended for one year because she resigned without providing
required notice in violation of N.J.S.A. 18A:26-10.

OAL DKT. NO. EDU 00960-22
8
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 00960-22
9
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.
October 19, 2023
DATE 	NANCI G. STOKES, ALJ
Date Received at Agency: 	October 19, 2023
Date Mailed to Parties:
Ljb

OAL DKT. NO. EDU 00960-22
10
APPENDIX
Testimony
For Petitioner:
Angela Thomas
For Respondent:
Shazia Ahmad
Athkar Javaid
Evidence
For Petitioner:
P-1 	November 10, 2022 Petition with Exhibits
P-2 	Undated Letter from S. Ahmad to the Commissioner of Dept. of Education
P-3 	March 25, 2023 Letter from Dr. Thomas D’Amato
P-4 	June 11, 2023 S. Ahmad Email Transmittal of Pay Stubs
P-5 	Jersey City Public Schools Paystubs
For Respondent:
R-1 	Undated Letter from S. Ahmad to the Commissioner of Dept. of Education (P-2)
R-2 	March 25, 2023 Letter from Dr. Thomas D’Amato (P-3)