Andrew Meehan v. Board of Trustees of the College Achieve Central Charter School, Union County and Nadia Bennett, 8/12/21, (#165-21)

165-21
New Jersey Commissioner of Education
Final Decision
Andrew Meehan,
Petitioner,
v.
Board of Trustees of the College Achieve
Central Charter School, Union County, and
Nadia Bennett,
Respondents.
Synopsis
Pro se petitioner filed an appeal objecting to a post on the website of College Achieve Central
Charter School by the school’s chief executive officer which petitioner found offensive. The post
in question was an image and a statement in support of the Black Lives Matter movement following
the death of George Floyd in May 2020. Petitioner sought an investigation into the posting,
removal of the post, and an apology to the community for the posting, as well as punitive measures
against the respondents. The Board filed a motion to dismiss, contending that petitioner failed to
state a claim upon which relief may be granted under the school laws.
Upon review, the ALJ found, inter alia, that: pursuant to N.J.A.C. 6A:3-1.10, the Commissioner
may dismiss a petition if the petitioner has advanced no cause of action, which is the case in this
matter; petitioner has, in fact, cited no violation of any law in his petition, but simply asserts his
objection to the image and the statement on the school’s website; further, any allegations of
violation of the School Ethics Act must be initiated by filing a complaint with the School Ethics
Commission, and petitioner has not filed such a complaint. Accordingly, the ALJ granted the Board’s
motion for summary decision, and the matter was dismissed.
Upon review, the Commissioner concurred with the ALJ that the petitioner has failed to advance
a cause of action. Accordingly, the Initial Decision of the OAL was adopted as the final decision
in this matter, and 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.

OAL Dkt. No. EDU 03402-21
Agency Dkt. No. 191-9/20
New Jersey Commissioner of Education
Final Decision
Andrew Meehan,
Petitioner,
v.
Board of Trustees of the College Achieve
Central Charter School, Union County, and
Nadia Bennett,
Respondents.
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 concurs with the Administrative Law Judge that
petitioner has failed to advance a cause of action. Accordingly, the Board’s motion to dismiss is
granted, and the petition of appeal is hereby dismissed.
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.
165-21
August 12, 2021
August 12, 2021

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 03402-21
AGENCY DKT. NO. 191-9/20
ANDREW MEEHAN,
Petitioner,
v.
BOARD OF TRUSTEES OF THE COLLEGE
ACHIEVE 	CENTRAL 	CHARTER 	SCHOOL,
UNION COUNTY, AND NADIA BENNETT,
Respondents.
__________________________________
Andrew Meehan, petitioner, pro se
Thomas O. Johnston, Esq., for respondents (Johnston Law Firm, LLC, attorneys)
Record Closed: June 16, 2021 	Decided: June 25, 2021
BEFORE BARRY E. MOSCOWITZ, ALJ:
STATEMENT OF THE CASE
Petitioner, Andrew Meehan, objects to an image and a statement respondent,
Nadia Bennett, the chief executive officer of respondent, College Achieve Central Charter
School Network, posted on the school’s website.

OAL DKT. NO. EDU 03402-21
2
PROCEDURAL HISTORY
On September 3, 2020, petitioner filed a petition of appeal with the Department of
Education, Office of Controversies and Disputes. In his petition, petitioner objects to an
image and a statement Bennett posted on the College Achieve Central Charter School
Network website. Petitioner seeks an investigation into their posting, their removal, and
an apology to the community for their posting. Finally, Petitioner seeks punitive measures
against respondents.
On October 1, 2020, respondents moved to dismiss the petition instead of
answering it under N.J.A.C. 6A:3-1.5.
On October 10, 2020, the Office of Controversies and Disputes 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.
On April 19, 2021, the case was assigned to me for hearing.
On June 7, 2021, petitioner filed his opposition, and on June 16, 2021, respondents
filed their reply.
FINDINGS OF FACT
On June 23, 2020, petitioner, Andrew Meehan, witnessed an image and a
statement respondent, Nadia Bennett, the chief executive officer of respondent, College
Achieve Central Charter School Network, posted on the school’s website.
CONCLUSIONS OF LAW
The Commissioner may dismiss a petition if the petitioner has advanced no cause
of action:

OAL DKT. NO. EDU 03402-21
3
At any time prior to transmittal of the pleadings to the OAL, in
the Commissioner’s discretion or upon motion to dismiss filed
in lieu of answer, the Commissioner may dismiss the petition
on the grounds that the petitioner has advanced no cause of
action even if the petitioner’s factual allegations are accepted
as true or for lack of jurisdiction, failure to prosecute or other
good reason.
[N.J.A.C. 6A:3-1.10.]
In this case, petitioner has advanced no cause of action in his petition. 	In fact,
petitioner has cited no violation of any law in it. In short, petitioner has only asserted his
objection to the image and the statement on the school’s website.
If petitioner now believes, as he writes in his opposition to the motion, that
respondents are in violation of the School Ethics Act, N.J.S.A. 18A:12-21 to -34, then
petitioner should file his complaint before the School Ethics Commission under N.J.S.A.
18A:12-29. 	As respondents note, alleged violations of the School Ethics Act are within
the exclusive jurisdiction of the School Ethics Commission, and this tribunal has no
jurisdiction to address those alleged violations without a transmittal from that agency.
Accordingly, this petition must be dismissed.
ORDER
The petition and this case are hereby dismissed in keeping with the findings of fact
and conclusions of law above.
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 case. If the Commissioner of the Department of Education
does not adopt, modify, or reject this decision within forty-five days, and unless such time

OAL DKT. NO. EDU 03402-21
4
limit is otherwise extended, this recommended decision shall become a final decision
under 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.
June 25, 2021
DATE 	BARRY E. MOSCOWITZ, ALJ
Date Received at Agency: 	June 25, 2021
Date Mailed to Parties: 	June 25, 2021
dr