Greta-Marie Scott v. New Jersey State Board of Examiners, 2/11/2020, (#60-20)

New Jersey Commissioner of Education
Final Decision
Greta-Marie Scott,
Petitioner,
v.
New Jersey State Board of Examiners,
Respondent.
Synopsis
Pro-se petitioner appealed the determination of the respondent – the State Board of Examiners (SBE) – that
she had not met the requirements for issuance of a P-3 Standard Certificate, the standard certificate for
Teacher of Preschool through Grade Three. The Board denied petitioner’s application for certification due to
her failure to satisfy the P-3 endorsement requirement under N.J.A.C. 6A:9B-11.2(a)(2), which provides that
“provisional teachers holding a CE [certificate of eligibility] with a P-3 endorsement shall choose to
complete either 350 hours of formal instruction pursuant to N.J.A.C. 6A:9A-5.4(a)1 or 24 semester-hour
credits of P-3 pedagogy at a Department-approved New Jersey college or university program.” The SBE
filed a motion for summary decision.
The ALJ found, inter alia, that: there are no material facts at issue in this case, and the matter is ripe for
summary decision; 	petitioner conceded that she has not completed the educator preparation program
required for P-3 certification pursuant to N.J.A.C. 6A:9B-11.2(a)(2), but argued that she had availed herself
of the SBE’s internal appeals process under N.J.A.C. 6A:9B-4.12, which allows a candidate for certification
to “provide the Board of Examiners with evidence of alternative education and/or experience that he or she
believes is equivalent to the area(s) of deficiency”; petitioner provided the SBE with information about her
undergraduate and graduate coursework, other teaching certificates that she holds, and her teaching
experience; 	after review of these credentials, the 	SBE denied petitioner’s appeal, stating that pursuant to
N.J.A.C. 6A:9B-4.12(c)(2), it is precluded from permitting a candidate to substitute education and/or
experience for an approved educator preparation program, nor may it simply waive the requirement. 	The
ALJ concluded that petitioner had failed to advance a claim upon which her request for a P-3 endorsement
may be granted. 	Accordingly, the SBE’s motion for summary decision was granted, and the petition was
dismissed.
The Commissioner concurred with the findings and determination of the ALJ herein; 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.
February 11, 2020
60-20

OAL Dkt. No. EDU 17464-18
Agency Dkt. No. 178-7/18
New Jersey Commissioner of Education
Final Decision
Greta-Marie Scott,
Petitioner,
v.
New Jersey State Board of Examiners,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law
have been reviewed. The parties did not file exceptions to the Initial Decision.
Upon such review, the Commissioner concurs with the Administrative Law Judge
that the Board of Examiners is entitled to summary decision. Accordingly, the petition of appeal
is hereby dismissed.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	January 11, 2020
Date of Mailing: 	January 12, 2020
1 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 17464-18
AGENCY DKT. NO. 178-7/18
GRETA-MARIE SCOTT,
Petitioner,
v.
NEW JERSEY STATE BOARD OF
EXAMINERS,
Respondent.
Greta-Marie Scott, petitioner, pro se
Jaclyn M. Frey, Deputy Attorney General, for respondent (Gurbir S. Grewal,
Attorney General of New Jersey, attorney)
Record Closed: November 18, 2019 	Decided: January 8, 2020
BEFORE: MARY ANN BOGAN, ALJ
STATEMENT OF THE CASE
Petitioner Greta-Marie Scott (Scott) appeals the denial of her application for a preschool
through grade three (P-3) endorsement by respondent New Jersey State Board of Examiners

OAL Dkt. No. EDU 17464-18
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(Board). The Board denied Scott’s application due to her failure to satisfy the P-3 endorsement
requirement under N.J.A.C. 6A:9B-11.2(a)(2), which provides that “provisional teachers holding
a CE [certificate of eligibility] with a [P-3] endorsement shall choose to complete either 350
hours of formal instruction pursuant to N.J.A.C. 6A:9A-5.4(a)1 or 24 semester-hour credits of
[P-3] pedagogy at a Department-approved New Jersey college or university program.” The three
required areas of instruction are “child development and learning,” “understanding family and
community,” and “curriculum and assessment.” N.J.A.C. 6A:9B-11.2(a)(2)(i)(ii)(iii).
Scott appealed the Board’s decision to the Commissioner of Education, as
permitted under N.J.A.C. 6A:9B-4.18. In response, the Board filed a motion to dismiss
in lieu of answer to Scott’s petition, in accordance with N.J.A.C. 6A:3-1.5(g). The matter
was transmitted to the Office of Administrative Law (OAL) and received on December 6,
2018, where it was filed for determination as a contested case pursuant to N.J.S.A.
52:14 B-1 to 15 and N.J.S.A. 52:14F-1 to -13. Oral argument was heard on September
17, 2019. 	The record remained open for the submission of post-hearing briefs and
closed on November 18, 2019.
Based upon the credible documentation submitted by the parties, and oral argument, I
FIND the following FACTS:
Scott earned an undergraduate degree in special education/elementary education in 2004,
Magna Cum Laude, and a master’s degree in Special Education and Applied Behavior Analysis
(ABA), with 1500 hours of ABA training for early childhood through adulthood, in 2008 both
from East Stroudsburg University of Pennsylvania. 	Scott holds a Standard NJ Teacher
Certificate in Elementary (K-6) regular education, Teacher of Students with Disabilities (Special
Education), and Middle School Arts/Literacy (grades 5-8). 	Scott has been a special education
teacher for fifteen years in the Belvidere School District and in 2016-2017, Scott was selected
“Teacher of the Year”. Scott passed the P-3 Praxis and obtained a Teacher of Preschool through
Grade Three Certificate of Eligibility (CE). 	In February 2014, Scott established and started the

OAL Dkt. No. EDU 17464-18
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Belvidere School District’s preschool ABA program. 	Scott applied for a P-3 Standard
Certificate, and on June 29, 2018, the Board denied petitioner’s application for a Teacher of
Preschool through Grade Three standard certificate. (Exhibit A.)
Scott concedes that she has not completed an educator preparation program pursuant to
N.J.A.C. 6A:9B-11.2(a)(2). 	However, Scott availed herself of the Board’s internal appeals
process under N.J.A.C. 6A:9B-4.12, which allows a certification candidate to “provide the Board
of Examiners with evidence of alternative education and/or experience that he or she believes is
equivalent to the area(s) of deficiency.” N.J.A.C. 6A:9B-4.12(b). As part of that appeal, Scott
provided the Board with information about her undergraduate and graduate coursework, other
teaching certificates she holds, and her teaching experience. Board’s Brief, Ex. C.
In 	accordance 	with 	N.J.A.C. 	6A:9B-4.12(d), 	the 	Board 	reviewed 	the 	information
provided by Scott, and thereafter issued a written decision denying her appeal. In its decision,
the Board stated that Scott “has been denied certification because she has not shown evidence of
completion of an approved [P-3] program of study culminating in student teaching or through an
approved New Jersey Department of Education alternate route program of [P-3] pedagogy,” as
required by N.J.A.C. 6A:9B-11.2(a)(2). Board’s 	Brief, Ex. A. The Board stressed that “[t]he
three distinct areas of study required by [N.J.A.C. 6A:9B-11.2(a)(2)] are considered unique and
critical elements of the knowledge and skills necessary for [P-3] instruction.” Ibid. The Board
carefully considered and recognized both Scott’s undergraduate and graduate coursework and the
fact that Scott “has extensive experience as an educator and, more recently since February 2014,
as a teacher of an autistic support program and preschool disability program both for ages three
through seven,” but concluded that Scott did not provide a one-to-one correspondence between
her deficiency, i.e. evidence of successful completion of a P-3 program of study and her
education and experience for issuance of a standard P-3 certificate” and concluded that “[t]he
Board . . . is precluded from permitting a candidate to substitute education and/or experience for
an approved educator preparation program nor may it simply waive the requirement,” pursuant to
N.J.A.C. 6A:9B-4.12(c)(2). Ibid.

OAL Dkt. No. EDU 17464-18
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LEGAL ANALYSIS AND CONCLUSION
While 	the 	Uniform 	Administrative 	Procedure 	Rules 	(UAPR) 	governing 	motions,
N.J.A.C. 1:1-12.1 to -12.7, do not specifically limit the types of motions that may be made in
administrative hearings or otherwise preclude a “motion to dismiss,” the more common method
for resolving a case on the papers without a plenary hearing is by a motion for summary decision
pursuant to N.J.A.C. 1:1-12.5.
Under N.J.A.C. 1:1-12.5, “[a] party may move for summary decision upon all or any of
the substantive issues in a contested case.” N.J.A.C. 1:1-12.5(a). Such motion “shall be served
with briefs and with or without supporting affidavits” and “[t]he decision sought may be
rendered if the papers and discovery which have been filed, together with the affidavits, if any,
show that there is no genuine issue as to any material fact challenged and that the moving party
is entitled to prevail as a matter of law.” N.J.A.C. 1:1-12.5(b). However, a motion for summary
decision shall be denied if, by responding affidavit, an adverse party “set[s] forth specific facts
showing that there is a genuine issue which can only be determined in an evidentiary
proceeding.” Ibid.
Summary judgment is analyzed in accordance with the principles established by the
Supreme Court in Brill v. Guardian Life Ins. Co., 142 N.J. 520, 540 (1995):
[A] 	determination 	whether 	there 	exists 	a 	“genuine 	issue” 	of
material fact that precludes summary judgment requires the motion
judge to 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 factfinder to
resolve the alleged disputed issue in favor of the non-moving
party. The “judge’s function is not . . . to weigh the evidence and
determine the truth of the matter but to determine whether there is
a genuine issue for trial.”
[Citation omitted.]

OAL Dkt. No. EDU 17464-18
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See also Nat’l Transfer, Inc. v. N.J. Dep’t of Envtl. Prot., 347 N.J. Super. 401, 408–09
(App. Div. 2002).
The Board argues that dismissal is appropriate because Scott has failed to state a claim
upon which relief may be granted. 	In particular, the Board asserts that Scott has no cause of
action because she concedes that she has not completed an educator preparation program
pursuant to N.J.A.C. 6A:9B-11.2(a)(2), and despite her other education and experience, N.J.A.C.
6A:9B-4.12(b)(2) prohibits the Board from “[p]ermit[ting] a candidate to substitute education
and/or experience for any test, GPA, degree, or approved educator preparation program
completion requirements.” (Emphasis added).
Although 	the 	Board 	(and 	I) 	recognized 	both 	Scott’s 	undergraduate 	and 	graduate
coursework and her extensive experience as an educator, Scott has not completed an educator
preparation program required by N.J.A.C. 6A:9B-11.2(a), and for that reason, 	this omission –
her failure to complete such a program – is a deficiency that cannot be remedied by evidence of
alternative education or experience pursuant to N.J.A.C. 6A:9B-4.12(c)(2). On that basis, unless
and until Scott completes an educator preparation program under N.J.A.C. 6A:9B-11.2(a)(2), the
Board cannot issue her a P-3 endorsement. Accordingly, I am constrained to CONCLUDE that
Scott has failed to advance a claim upon which her request for a P-3 endorsement may be
granted.
Therefore, having considered the parties’ submissions, I CONCLUDE that the Board’s
motion for summary decision should be GRANTED.
ORDER
I hereby ORDER that respondent’s motion for summary decision is GRANTED and
petitioner’s appeal is DISMISSED.

OAL Dkt. No. EDU 17464-18
6
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.
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.
January 8, 2020
DATE 	MARY ANN BOGAN, ALJ
Date Received at Agency:
Date Mailed to Parties:
MAB/cb