Amanda Hersh Luterzo v. Board of Education of the Borough of Cresskill, Bergen County, 5/13/19, (#121-19)

121-19
New Jersey Commissioner of Education
Final Decision
Amanda Hersh Luterzo,
Petitioner,
v.
Board of Education of the Borough of
Cresskill, Bergen County,
Respondent.
Synopsis
The petitioner – a tenured teacher employed in the respondent Board’s school district prior to a Reduction in
Force (RIF) – appealed the determination of the Board not to offer her employment for the 2016-17 school year,
alleging that her tenure rights were violated. Petitioner holds a standard New Jersey Instructional Certificate
with an endorsement as a Teacher of Business: Finance/ Economics/Law; in addition to teaching high school
business, marketing, and business law courses, petitioner had taught Grade 6 Computer Technology during the
2013-14 and 2015-16 school years, and Grade 7 Computer Technology in the 2014-15 school year. In June
2016, petitioner was “bumped” from her high school business teaching position for the 2016-17 school year by a
more senior tenured teacher, whose position had been abolished in the RIF; petitioner was terminated as of June
30, 2016, and placed on a preferred eligibility list for reemployment. 	The controversy herein relates to the
assignment of Grades 6 and 8 Computer Technology classes for the 2016-17 school year – to which petitioner
claims entitlement – to a non-tenured art teacher, rather than to petitioner. The Board contended that its actions
were consistent with applicable law and regulation. The parties filed opposing motions 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 acquired tenure under her standard instructional certificate, and the protections
afforded thereby encompass not only those classes she is authorized to teach within the scope of her Teacher of
Business endorsement, but also those that she is authorized to teach within the scope of her standard
instructional certificate pursuant to N.J.A.C. 6A:9B-5.17, including the middle school Computer Technology
courses she taught prior to the RIF; as such, the Board violated petitioner’s tenure rights by failing to employ her
to teach those classes during the 2016-17 school year and instead assigning them to a non-tenured art and
graphic design teacher. 	Accordingly, the ALJ granted petitioner’s motion for summary decision, denied the
Board’s cross motion for summary decision, and ordered the Board to compensate petitioner for any salary and
benefits lost, and to credit her for any seniority credit lost during the 2016-17 school year.
Upon comprehensive review, the Commissioner concurred with the ALJ’s findings and conclusions as
thoroughly set forth in the Initial Decision. Accordingly, the recommended decision of the OAL was adopted as
the final decision in this matter; summary judgment was granted in favor of the petitioner, and the Board was
ordered to compensate petitioner for salary and benefits lost, and credit her for seniority she would have accrued
during the 2016-17 school year.
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.
May 13, 2019

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OAL Dkt. No. EDU 10002-16
Agency Dkt. No. 162-6/16
New Jersey Commissioner of Education
Final Decision
Amanda Hersh Luterzo,
Petitioner,
v.
Board 	of 	Education 	of 	the 	Borough 	of
Cresskill, Bergen County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative
Law (OAL) have been reviewed, as have the exceptions filed by the Board pursuant to
N.J.A.C. 1:1-18.4, and the petitioner’s reply thereto.
In this matter, petitioner alleges that the Board violated her tenure rights when it
did not offer her employment for the 2016-17 school year. 	Petitioner – who began teaching in
the District in 2012 and earned tenure in September 2015 – has a standard New Jersey
Instructional Certificate with an endorsement as a Teacher of Business: Finance/Economics/Law.
In addition to teaching high school business, marketing, and business law courses, she taught
Grade 6 Computer Technology in the 2013-14 and 2015-16 school years and Grade 7 Computer
Technology in the 2014-15 school year. 	In June 2016, the Board abolished the position of
School Testing Coordinator and the person vacating that position replaced petitioner as the high
school business teacher for the 2016-17 school year. Petitioner was terminated effective
June 30, 2016 and placed on a preferred eligibility list. 	For the 2016-17 school year, a non-

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tenured art teacher was assigned to teach Computer Technology 6 and 8 in addition to the art
classes that she taught.
Petitioner filed an appeal with the Department of Education, alleging that her
tenure rights extended to the computer technology classes and that the Board violated her rights
by employing a non-tenured teacher to teach those classes. 	The Administrative Law Judge
granted summary decision to petitioner, concluding that petitioner’s standard instructional
certificate extends to Computer Technology 6 and 8, and therefore the Board violated her tenure
rights by failing to employ her to teach those classes during the 2016-17 school year. The ALJ
further concluded that the Board should compensate petitioner for any salary and benefits lost,
and credit her for any seniority credit lost for the 2016-17 school year.
The Board takes exception to the ALJ’s finding that petitioner is afforded tenure
protections 	not 	only 	to 	the 	classes 	she 	is 	authorized 	to 	teach 	under 	her 	Business:
Finance/Economics/Law endorsement, but also to those classes she is authorized to teach under
the scope of her standard instructional certificate. The Board argues that there is no legal support
for the ALJ’s expansive view of tenure protections as the cases cited in the Initial Decision only
hold that a tenured staff member has tenure protections over any position within the scope of his
or her endorsements. As such, the Board contends that tenure only adheres to positions under a
teacher’s endorsements and not to general positions. The Board explains that otherwise, districts
would have to “create a seniority list of every instructional certificated employee and would
effectively limit the superintendent’s managerial prerogative to determine schedules and assign
those teachers he considers more proficient in the use of educational technologies, computers,
and other digital tools to teach these courses.” 	(Board’s Exceptions at 14) 	The Board argues
that, pursuant to Kathi Savarse v. Board of Education of the Borough of Bernardsville, 1990

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S.L.D. 1541, tenure and seniority rights do not attach to courses that do not require a particular
endorsement; as no particular endorsement is required to teach middle school computer
technology, the superintendent may choose any teacher to teach those courses. 	Further, the
Board contends that it should not be required to create a four-tenth position for a subject that
does not require an endorsement, because if an endorsement is not required, then petitioner has
no entitlement to teach those courses. 	As such, the Board finds the ALJ’s conclusion that
petitioner’s instructional certificate authorizes her to teach computer classes to be erroneous.
Additionally, the Board contends that – following amendments to the regulations
in December 2015 – N.J.A.C. 6A:9B-5.17(b) no longer permits the chief school administrator to
assign petitioner to the computer classes because keyboarding and word processing are not
considered “educational technology.” 	Instead, these classes now require an endorsement
pursuant to N.J.A.C. 6A:9B-9.4. 	As petitioner failed to maintain the appropriate business
endorsement 	under 	N.J.A.C. 	6A:9B-9.4, 	which 	would 	have 	authorized 	her 	to 	provide
keyboarding and word processing instruction, she is no longer qualified to teach these computer
courses. 	The Board also takes exception to the ALJ’s interpretation that N.J.A.C. 6A:9B-9.4
only requires endorsements for grade 9-12 CTE programs, arguing that N.J.A.C. 6A:9B-9.4
requires that teachers in K-12 hold one of the business endorsements to teach courses in
keyboarding or word processing. 	The Board argues that the ALJ is also using an erroneous
standard in applying the CTE definition in determining that an endorsement is not required to
teach middle school computer technology. 	The ALJ found that the middle school computer
technology courses do not meet the CTE definition as they do not reflect “rigorous content”,
“occupation specific skills”, or “relevant technical knowledge and skills needed to prepare for
further education and careers in current or emerging professions.” (Initial Decision at 21)

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However, N.J.A.C. 6A:9B-9.4(a) is not limited to approved CTE programs. 	Instead, the seven
business endorsements listed in N.J.A.C. 6A:9B-9.4(a) require teachers to be authorized in the
subject matters – including keyboarding and word processing – when teaching the subjects in
grades K-12. As petitioner is not qualified to teach the computer courses, the Board requests that
the Commissioner deny petitioner’s claim of entitlement for the two middle school computer
technology classes in the 2016-17 school year.
In reply, petitioner agrees with the ALJ that tenure rights may extend beyond the
scope of a teacher’s endorsement and include all courses within a tenured teacher’s instructional
certificate when a specific endorsement is not mandated to teach the class. 	Petitioner cites
Jane Fox v. Board of Education of the Morris School District, 93 N.J.R. 2d (EDU) 139
(January 11, 1993). 	In that case, the Commissioner held that a tenured teacher was entitled to
teach three class periods of academic support over a non-tenured teacher, “insofar as no
particular endorsement was required” for the assignment. 	Id. at 143. 	Accordingly, petitioner
maintains that her tenure rights entitle her to teach computer technology over a non-tenured
teacher, even though no specific instructional endorsement is required to teach it.
Petitioner argues that nothing in N.J.A.C. 6A:9B-9.4 bars the teaching of general
computer skills by those without specific computer-related endorsements. 	Petitioner explains
that the endorsements in N.J.A.C. 6A:9B-9.4 qualify teachers to teach highly technical subjects;
while those technical endorsements may also include rudimentary subjects, it does not preclude
teachers with no specific computer endorsement from also teaching those basic subjects, as
N.J.A.C. 6A:9B-5.17 indicates that an endorsement is not required to deliver instruction in
educational technology, computers, and other digital tools. Petitioner points out that the purpose
of N.J.A.C. 6A:9B-5.17 is to enable more teachers to provide educational technology instruction,

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as computer literacy is “crucial to modern learning in all disciplines,” and there are not enough
teachers with computer-specific endorsements to meet the need. 	If the Board’s interpretation
were correct, N.J.A.C. 6A:9B-5.17 would be pointless because every basic computer class – like
Computer Technology 6 and 8 – would require a teacher with a Business Keyboarding and Data
Entry endorsement. 	Petitioner further contends that the Board’s argument is disingenuous as it
assigned the computer classes to an Art and Design Teacher who did not have a computer-
specific endorsement. (Petitioner’s Reply Exceptions at 7).
Petitioner distinguishes the cases cited by the Board by emphasizing that, unlike
those cases where regulations required additional qualifications to teach certain classes, there is
no such regulation requiring a computer-specific endorsement to teach middle school computer
technology. 	Petitioner contends that the computer classes at issue are basic computer subjects
that virtually every middle school student must take – not business courses or technical in nature.
The course descriptions make clear that the courses provide an elementary foundation in
computers, which is the purpose behind N.J.A.C. 6A:9B-5.17. 	Petitioner further argues that,
contrary to the Board’s argument, this case is not about the need for a seniority list. 	Petitioner
explains that this matter involves the rights of a tenured person to be retained over a non-tenured
person, so the issue of seniority does not arise. 	(Ibid. at 11-12) As such, petitioner urges the
Commissioner to adopt the Initial Decision.
Upon review, the Commissioner agrees with the ALJ – for the reasons thoroughly
explained in the Initial Decision – that the Board violated petitioner’s tenure rights by employing
a non-tenured teacher, rather than petitioner, to teach Computer Technology 6 and 8 in the
2016-17 school year. The Commissioner further concurs with the ALJ that, pursuant to
N.J.A.C. 6A:9B-5.17, no endorsement is required to teach the middle school computer courses as

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they cover general, basic computer skills. 	As such, petitioner’s tenure allows her to claim the
sixth and eighth grade computer classes over a non-tenured teacher because they fall within the
scope of her standard instructional certificate and she taught the courses prior to the reduction in
force (RIF).
The Commissioner does not find the Board’s exceptions to be persuasive. 	The
Tenure Act, N.J.S.A. 18A:28-1 et seq., “should be liberally construed to achieve its beneficent
ends.” 	Spiewak v. Board of Education of Rutherford, 90 N.J. 63, 74 (1982). 	While seniority
comes into play when reductions occur among tenured staff members, “[a] tenured teacher,
however, is entitled to retention as against a non-tenured teacher under the tenure law. To hold
otherwise would be to defeat the purpose of tenure which was to give a measure of security to
teachers after the prescribed number of years of service.” Capodilupo v. Board of Education of
the Township of West Orange, 218 N.J. Super. 510, 515 (App. Div. 1987). 	In Fox, supra, the
Commissioner found that a tenured teacher was entitled to teach three periods of academic
support – which only required a valid teaching certificate – over a non-tenured teacher, noting
that “Fox, a tenured teacher, was entitled to the position over nontenured Porcelli insofar as no
particular endorsement was required for the three periods he was assigned as a teacher on special
assignment.” 	93 N.J.R. 2d (EDU) at 143. 	Here, petitioner was a tenured teacher who taught
middle school computer classes and was replaced by a non-tenured teacher. 	Given the liberal
construal of the Tenure Act cited in Spiewak, supra, petitioner is entitled to teach these computer
courses – which she taught prior to the RIF – as they fall within the scope of her instructional
certificate, even though a specific endorsement is not required to teach the classes. 	Further,
contrary to the Board’s argument, this matter does not involve the creation of a seniority list;

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seniority does not arise in this case, as the issue of entitlement here is not between two tenured
teachers, but rather between a tenured teacher and a non-tenured teacher.
The 	Commissioner 	further 	disagrees 	with 	the 	Board’s 	argument 	that
N.J.A.C. 6A:9B-5.17 and N.J.A.C. 6A:9B-9.4 require a Business: Keyboarding and Data Entry
endorsement in order to teach middle school computer technology. 	When read together, the
regulations imply that an endorsement is required to teach computer courses in CTE programs,
which are more complex and technical than basic middle school computer technology classes
covering introductory Microsoft Office and keyboarding. 	If a computer-specific endorsement
were required to teach middle school computer technology, then N.J.A.C. 6A:9B-5.17 – which
allows teachers to teach “educational technology, computers, and other digital tools” without an
endorsement – would be rendered meaningless. The fact that the Board replaced petitioner with
an art and graphic design teacher to teach the computer classes further undercuts its argument
that a computer-specific endorsement is required.
Accordingly, the Initial Decision of the OAL is adopted as the final decision in
this matter. The Board is ordered to compensate petitioner for any salary and benefits lost for the
2016-17 school year, and credit petitioner any seniority credit lost for that time period.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	May 13, 2019
Date of Mailing: 	May 14, 2019
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).

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State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
SUMMARY DECISION
OAL DKT. NO. EDU 10002-16
AGENCY DKT. NO. 162-6/16
AMANDA HERSH LUTERZO,
Petitioner,
v.
BOARD OF EDUCATION OF
THE BOROUGH OF CRESSKILL,
BERGEN COUNTY,
Respondent.
_____________________________
Louis P. Bucceri, Esq., for petitioner (Bucceri and Pincus, attorneys)
Carolyn R. Chaudry, Esq., for respondent (Scarinci & Hollenbeck, attorneys)
Alfred F. Maurice, Esq., for intervenor Amy Grossman (Springstead & Maurice,
attorneys)
Record Closed: 	December 13, 2018 	Decided: 	February 13, 2019
BEFORE KELLY J. KIRK, ALJ:

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STATEMENT OF THE CASE
Petitioner 	Amanda 	Hersh 	Luterzo, 	a 	teacher, 	appeals 	the 	determination 	of
respondent, the Board of Education of the Borough of Cresskill, Bergen County (Board),
that it would not be offering her employment for the 2016–2017 school year, alleging
violation of her tenure and seniority rights, and alleging that failure to adopt a resolution
terminating petitioner’s employment by name renders the termination null and void.
PROCEDURAL HISTORY
On 	or 	about 	June 	15, 	2016, 	Luterzo 	filed 	a 	Verified 	Petition 	with 	the
Commissioner of Education. 	On or about July 1, 2016, the Board filed an Answer and
Affirmative Defenses. 	On July 7, 2016, the Bureau of Controversies and Disputes
(Bureau) of the Department of Education (Department) transmitted the contested case
to the Office of Administrative Law (OAL), where it was filed on July 8, 2016. 	By letter
dated February 1, 2017, the Board notified three employees of their right to file motions
to intervene by February 28, 2017. 	On February 6, 2017, and on February 12, 2017,
notices of appearance and letter requests to intervene were filed on behalf of Megan
Berlamino and Amy Grossman, respectively. 	Berlamino and Grossman were granted
leave to intervene.
On November 22, 2017, with the intention of filing cross-motions for summary
decision, the parties submitted a joint Stipulation of Facts. 	On January 25, 2018,
petitioner and respondent filed cross-motions for summary decision accompanied by
briefs. On February 8, 2018, respondent filed a brief in opposition to petitioner’s motion.
On February 13, 2018, intervenor Grossman filed a brief in support of respondent’s
motion. 	Intervenor Berlamino did not file a brief, and petitioner’s brief reflects that “[a]s
a result of the completion of discovery, Petitioner abandoned all claims to the work
performed by Intervenor Berlamino and she is no longer participating as an Intervenor in
this matter.” 	On February 14, 2018, petitioner filed a brief in further support of her
motion and in opposition to respondent’s motion. Oral argument was held on December
12, 2018.

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FACTUAL DISCUSSION AND FINDINGS
Respondent’s school district consists of three schools, Bryan School (grades K–
5), Merritt Memorial School (grades pre-K–5) and Cresskill Middle/High School (grades
6–12). 	Petitioner was hired by Board Resolution of May 21, 2012 (J-1) and was
continuously employed by respondent as a teacher from September 2012 through June
30, 2016, as follows:
a) 	2012–2013, full-time teacher assigned to teach high school Marketing,
Introduction to Business, and Business Law;
b) 	2013–2014, full-time teacher assigned to teach high school Marketing,
Introduction to Business, Business Law, and Grade 6 Computer Technology
(Computer Tech. 6);
c) 	2014–2015, full-time teacher assigned to teach high school Marketing,
Introduction to Business, Business Law, and Grade 7 Computer Technology
(Computer Tech. 7); and
d) 	2015–2016, full-time teacher assigned to teach high school Marketing,
Introduction to Business, Business Law, and Computer Tech. 6.
Petitioner was issued a New Jersey provisional certificate as a Teacher of
Business in September 2012, and a standard New Jersey Instructional Certificate
endorsed as a Teacher of Business: 	Finance/Economics/Law in August 2013, after
completion of her mentorship. (J-2.)
By virtue of the date of her hiring resolution (J-1), certification (J-2), and term of
service in respondent’s employ, petitioner achieved tenure as a teacher in respondent’s
school district as of the first day of school in September 2015.

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On March 21, 2016, petitioner was verbally advised that her position would be
eliminated for economic reasons, effective June 30, 2016, and that she would not be
employed by the Board thereafter.
By resolution of June 27, 2016 (J-3), the respondent abolished the position of
School Testing Coordinator and assigned the person vacating that position to be a high-
school business teacher, replacing petitioner for the 2016–2017 school year on the
basis of the former testing coordinator’s superior seniority as a secondary teacher of
business. 	That resolution also authorized the termination of petitioner’s employment in
the district and her placement on a preferred eligibility list.
For the 2016–2017 school year, the respondent employed the following teacher,
among others: Amy Grossman.
Amy Grossman was hired as a teacher by respondent effective September 1,
2014, and continues to be employed to the present. 	Grossman was a full-time, ten-
month teacher from September 1, 2014, through January 31, 2016. 	Grossman was
reduced to an eight-tenths, part-time teacher from February 1, 2016, through June 30,
2016. Grossman returned to full-time status from September 1, 2016, through June 30,
2017. Grossman is not tenured.
Grossman held a provisional certificate as a Teacher of Art (J-4) from February
2013 and received a standard certificate as a Teacher of Art (J-5) in January 2015.
Grossman held a provisional certificate as a Teacher of Graphic Design (J-6) from
March 2014 and received a standard certificate as a Teacher of Graphic Design (J-7) in
January 2015.
During the 2016–2017 school year, Grossman was assigned to teach Web
Design/Animation, Mosaics/Ceramics, Design Studio, Computer Tech. 6, and Computer
Tech. 8.
During the 2015–2016 school year, petitioner earned gross wages of $54,645
from full-time employment with respondent. If petitioner had been employed full time by

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respondent for the 2016–2017 school year, she would have earned a gross salary of
$55,935. 	If petitioner had been employed for the 2016–2017 school year, petitioner
would have had twenty days of sick leave and four days of personal leave available for
use in 2016–2017.
Petitioner gave birth on September 16, 2016. 	The school year for teachers
began on September 1, 2016. 	She would have returned to work from her child-rearing
leave as of January 2, 2017, if she had been re-employed for the 2016–2017 school
year. 	If petitioner had been employed in the four-tenths position being claimed in this
matter, after allowing for paid and unpaid leaves for child birth and child-rearing, she
would have earned $16,448 in salary for the 2016–2017 school year.
The Computer Tech. 6 Course Description is as follows:
This 	course 	will 	develop 	proper 	communication 	and
keyboarding skills when using technology. 	Computers are
one of the ways in which people communicate globally.
There are many careers which require proper keyboarding
skills. 	MS 	Word 	is 	a 	universal 	tool 	used 	in 	personal,
professional 	and 	educational 	settings. 	MS 	Word
applications, 	commands 	and 	features 	can 	be 	used 	to
generate quality documents involving complex formatting.
There are tools in MS Word to assist in creating professional
documents.
[J-6.]
The Computer Tech 6. Syllabus is as follows:
Course Description:
Computer Technology 6 class is designed to assist students
in becoming better Digital Citizens. Each unit throughout this
8-week cycle includes projects/assignments designed for the
sixth grade developmental & proficiency levels. Students will
be 	required 	to 	practice 	a 	minimum 	of 	30 	minutes 	of
keyboarding 	weekly 	to 	develop 	and 	assess 	proper
keyboarding 	habits. 	Class 	topics 	covered 	will 	include
keyboarding 	and 	technology 	basics, 	introductory 	word
processing skills and internet ethics/safety. Students will also
use communication and collaboration tools within class such

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as 	Edmodo.com 	and 	Typing.com. 	Students 	will 	create
various products using the Microsoft Office Word application.
1. 	Keyboarding Drills (1–2x weekly)
• 	Weekly drills on www.typing.com
• 	Weekly progress on weekly increase of speed/accuracy
is assessed
• 	Educational 	keyboarding 	games 	weekly 	for 	additional
practice
2. 	Unit 1: KEYBOARDNG (1.5 weeks)
a. 	The keyboard and the home row
• 	Teacher presentation
• 	Individual student activities
b. 	Proper keyboarding positioning and techniques
• 	Teacher presentation
• 	Individual student activities
c. 	History of keyboarding
• 	Teacher presentation
• 	Individual student activities
d. 	Keyboarding in Everyday Life
• 	Class discussion
• 	Group Projects
e. 	End of Unit Assessment
3. 	Unit 2: Technology basics (2 days)
a. 	Various 	skills 	taught: 	Navigating 	through 	the
computer, saving files, saving and inserting images properly,
different file formats, citing your sources
• 	Teacher-led activities
• 	Student activity
4. 	Unit 3: Introduction to Word Application (4–5 weeks)
a. 	Various 	skills 	taught: 	vocabulary, 	header, 	footer,
document 	size, 	document 	orientation, 	columns, 	margins,
formatting (fonts, point size, colors), formatting effects, line
spacing, watermarks, page color, tabs, tables, text wrap,
hyperlinks, columns, clip art, shapes, drawing, photo editing,
drop caps, word art, spelling/grammar, symbols
i. Teacher-led activities
ii. Individual student activities
iii.Alphabet Hieroglyphics Project
iv.Digital Acrostic Poem Project
v. Seasonal/Holiday Drawing Project
vi.All About Me Poster Project
vii. End of Unit digital assessments

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5. 	Unit 4: Internet Ethics and Safety (2–3 days)
a. 	Teacher presentation including example real-life video
scenarios
b. 	Group discussions on: 	Online safety, digital etiquette,
cyber bullying, appropriate use, protecting your online
reputation, social networking, plagiarism, copyright and
fair 	use, 	how 	to 	conduct 	effective 	searches, 	how 	to
evaluate sites for accuracy
c. 	Group Project
6. 	Final Projects (1 week)
a. 	These projects should showcase students’ application
skills to be used to create real-world projects.
i. 	Mandatory project (1): 	Creating your own Restaurant
Menu in Word
ii. 	Choice Projects (choose 3 out of 4) Cartoon, timeline,
1-month calendar, seating chart
[J-7.]
The Computer Tech. 8 Course Description is as follows:
Enhancing keyboarding skills is a benefit for life, this course
will improve your typing skills by committing to daily typing
practice. 	Correct 	keyboarding 	techniques 	increase 	the
ability to complete tasks efficiently and effectively.
The following programs will be taught:
WORD (Microsoft Office [S]uite)
This is a software program that enables you to perform word
processing 	functions. 	Word 	has 	desktop 	publishing
capabilities and is the most widely used word processing
program on the market.
EXCEL (Microsoft Office Suite)
Excel is a spreadsheet application. 	It features calculation,
graphing 	tools, 	pivot 	tables, 	and 	a 	macro 	programming
language called Visual Basic for Applications. 	It has been a
very widely applied spreadsheet for these platforms, since
1993. It is the industry standard for spreadsheets.
POWERPOINT (Microsoft Office Suite)
Power[P]oint is a slide show presentation program. 	It was
officially launched in 1990. 	PowerPoint is well known for
helping develop the slide based presentation format, and is
currently 	one 	of 	the 	most 	commonly-used 	presentation
programs available.

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[J-8.]
The Computer Tech 8. Syllabus is as follows:
Course Description:
Computer Technology 8 class is designed to assist students
in becoming better Digital Citizens. 	Each unit throughout
this 8-week cycle includes projects/assignments designed
for the eighth grade developmental & proficiency levels.
Students 	will 	be 	required 	to 	practice 	a 	minimum 	of 	30
minutes 	of 	keyboarding 	weekly 	to 	develop 	and 	assess
proper keyboarding habits. Class topics covered will include
an advanced level of word processing, spreadsheets, and
presentation skills. 	Students will also use communication
and collaboration tools within class such as Edmodo.com
and Typing.com. Students will create various products using
Microsoft Office, Word, Excel, Power[P]oint applications as
well 	as 	Google 	Drive 	documents, 	spreadsheets,
presentations, drawings, forms, etc. . .
1. 	Keyboarding Drills (1–2x weekly)
a. 	Weekly drills
b. 	Weekly 	progress 	on 	speed/accuracy 	is 	assessed 	via
www.typing.com
c. 	Educational 	keyboarding 	games 	weekly 	for 	additional
practice
2. 	Unit 1: Review of Word Applications (1.5 weeks)
a. 	Various skills taught: 	header, footer, document size,
document 	orientation, 	columns, 	margins, 	formatting
(fonts, point size, colors), formatting effects, line spacing,
watermarks, 	page 	color, 	tabs, 	tables, 	text 	wrap,
hyperlinks, 	columns, 	clip 	art, 	shapes, 	drawing, 	photo
editing, drop caps, word art, spelling/grammar, symbols
b. 	Teacher-led activities
c. 	Individual student activities
d. PROJECT: Zodiac Sign Flyer
e. 	End of Unit digital assessment
3. 	Unit 2: Review of Excel Application (1.5 weeks)
a. 	Skills taught: 	inputting data, adjusting cells, formatting,
creating spreadsheets, formulas, charts, pictograms
b. 	Teacher-led activities
c. 	Individual Student Activities
d. PROJECT: 12 Days of Middle School Group Activity
e. 	End of Unit digital assessment

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4. 	Unit 3: Power[P]oint (1.5 weeks)
a. 	Skills taught: Basics, Themes, Transitions, Animations
b. 	Teacher-led activities
c. 	Individual Student Activities
d. PROJECT: Technology Era Presentations
e. 	End of Unit digital assessment
5. 	Google Drive (2 weeks)
a. 	Basics: 	Introduction 	to 	GOOGLE 	DRIVE,
editing/collaborating, sharing, etc. . .
b. 	Google docs activity
c. 	Google Slides activity
d. 	Google Sheets activity
e. 	Google Drawing activity
f. 	Google Forms activity
g. 	Google Survey activity
h. PROJECT: 	Student 	CHOICE 	Google 	(Subject
proposed to teacher)
6. 	Final Projects (1.5 weeks)
a. 	These projects should showcase students’ application
skills to be used to create real-world projects.
i. 	1 mandatory project
ii. 	Choice Projects (choose 2 out of 3)
[J-9.]
Petitioner stipulated that her claims herein are limited to the 2016–2017 school
year.2
LEGAL ANALYSIS AND CONCLUSIONS
Tenure and Endorsements
Tenure of educational personnel is authorized by the Tenure Act, N.J.S.A.
18A:28-1 to -18. 	An employee of a board of education is entitled to tenure if the
employee (1) works in a position for which a teaching certificate is required; (2) holds
the appropriate certificate; and (3) has served the requisite period of time. 	N.J.S.A.
18A:28-5; Spiewak v. Bd. of Educ., 90 N.J. 63, 74 (1982). 	Teaching staff members
2 See December 12, 2018, letter from Louis P. Bucceri, Esq.

10
shall be under tenure during good behavior and efficiency and they shall not be
dismissed or reduced in compensation except for inefficiency, incapacity, or conduct
unbecoming such a teaching staff member or other just cause and then only in the
manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A. 	N.J.S.A.
18A:28-5; Zimmerman v. Newark Bd. of Educ., 38 N.J. 65, 72 (1962).
Tenure is acquired in one of the positions specifically enumerated in N.J.S.A.
18A:28-5 only if the individual has served for the requisite statutorily required period of
time in that position. See Nelson v. Old Bridge Bd. of Educ., 148 N.J. 358, 368 (1997).
Those 	positions 	include, 	inter 	alia, 	“teacher, 	principal, 	other 	than 	administrative
principal, assistant principal, vice-principal, assistant superintendent, and all school
nurses . . . , school athletic trainer and such other employees as are in positions which
require 	them 	to 	hold 	appropriate 	certificates 	issued 	by 	the 	board 	of 	examiners.”
N.J.S.A. 18A:28-5; Nelson, 148 N.J. at 368–69. 	However, tenure in any of the
administrative or supervisory positions so enumerated accrues only by employment in
that 	administrative 	or 	supervisory 	position 	and 	does 	not 	extend 	to 	any 	other
administrative or supervisory position. 	N.J.S.A. 18A:28-5(c). 	That however, does not
limit or restrict tenure rights which were or may be acquired pursuant to N.J.S.A.
18A:28-6 in a position in which the individual actually served. Ibid.
Pursuant to N.J.S.A. 18A:26-2, any person employed as a teaching staff member
by a district board of education must hold a valid and appropriate certificate. 	N.J.A.C.
6A:9B-5.1(a). 	“Certificate” means a legal document issued by the Board of Examiners
that permits an individual to serve as a teaching staff member. 	N.J.A.C. 6A:9-2.1. The
certificate holder shall obtain any license, certificate, or authorization required by State
or federal law, a licensing board, or N.J.A.C. 6A:9B-4.1 and -4.2 for the individual to
serve in a position. 	N.J.A.C. 6A:9B-5.1(b). 	The employing school district must remove
from the position any teaching staff member who fails to maintain the mandated license,
certificate, or authorization. N.J.A.C. 6A:9B-5.1(c).
The Board of Examiners issues three categories of educational certificates:
Instructional, 	Administrative, 	and 	Educational 	Services. 	N.J.A.C. 	6A:9B-5.3.
“Instructional certificate” means the certificate category that permits an individual to

11
serve as a teacher in a classroom setting. 	N.J.A.C. 6A:9-2.1. 	Except as indicated in
N.J.A.C. 6A:9B-8.8, candidates for a standard instructional certificate first shall obtain a
certificate of eligibility with advanced standing (CEAS) or a certificate of eligibility (CE),
and then shall obtain a provisional certificate. 	N.J.A.C. 6A:9B-8.1(a). 	“Standard
certificate” means a permanent certificate issued to a person who has met all certificate
requirements. 	N.J.A.C. 6A:9-2.1. 	A provisional teacher who meets all other standard-
certificate requirements pursuant to N.J.A.C. 6A:9B-8.7 will earn a standard certificate
upon receipt of at least two summative evaluation ratings of effective or highly effective
earned within three consecutive years of teaching. N.J.A.C. 6A:9B-8.6(b).
In addition to the foregoing, “the State Board has also designated ‘special
endorsements’ under each type of certificate, which identify the educational subjects or
assignments that share common traits.” 	Nelson, 148 N.J. at 363. 	“Endorsement”
means an authorization allowing a certificate holder to teach one or more specific
subject area(s) or to serve in one or more specific teaching staff role(s). N.J.A.C. 6A:9-
2.1. 	Each certificate must be issued with at least one endorsement, which shall be
considered part of the certificate. N.J.A.C. 6A:9-2.1, “Certificate.” Specifically, N.J.A.C.
6A:9B-9.1(a) requires that
[t]o 	fulfill 	the 	endorsement 	requirements 	necessary 	for
instructional certification pursuant to N.J.A.C. 6A:9B-8, the
candidate shall:
1. 	Complete 	one 	or 	more 	of 	the 	following
coursework requirements for the subject area in which
the candidate is seeking the endorsement:
i. 	Complete an undergraduate major in the
subject 	area 	as 	documented 	by 	an 	official
transcript from a regionally accredited four-year
college or university;
ii. 	Hold a graduate degree in the subject
area; or
iii. 	Complete 	at 	least 	30 	credits 	in 	a
coherent sequence of courses appropriate to
the subject area as documented by an official
transcript from a regionally accredited college

12
or university, of which 12 semester-hour credits
must 	be 	at 	the 	advanced 	level 	of 	study,
including 	junior-, 	senior-, 	or 	graduate-level
study as documented by the official transcript
of a four-year, regionally accredited college or
university;
2. 	Pass the appropriate State test(s) of subject
matter knowledge. . . .
[. . . ]; and
3. 	When 	applicable, 	complete 	additional
requirements 	or 	exceptions 	pursuant 	to 	N.J.A.C.
6A:9B-11.
(b) 	Except if certified in an experience-based career and
technical 	education 	endorsement 	pursuant 	to 	N.J.A.C.
6A:9[B]-11.3 	or 	military 	science 	pursuant 	to 	N.J.A.C.
6A:9[B]-11.8, 	holders 	of 	a 	CE, 	CEAS, 	or 	standard
instructional certificate in one endorsement may obtain the
corresponding 	CE, 	CEAS, 	or 	standard 	instructional
certificate in a different endorsement upon completion of the
academic and test requirements listed in (a) above and any
additional requirement(s) or exception(s) in N.J.A.C. 6A:9B-
10 or 11.
Career and Technical Education (CTE) Endorsements
“Career and technical education” (CTE) means organized educational activities
that: 	offer a sequence of courses that provide individuals with the coherent and
rigorous content aligned with challenging academic standards and relevant technical
knowledge and skills needed to prepare for further education and careers in current or
emerging 	professions; 	provides 	technical 	skill 	proficiency, 	an 	industry-recognized
credential, a certificate, or an associate degree; may include prerequisite courses (other
than a remedial course) that meet the requirements of this definition; and include
competency-based applied learning that contributes to the academic knowledge, higher-
order reasoning and problem-solving skills, work attitudes, general employability skills,
technical skills, and occupation-specific skills, and knowledge of all aspects of an
industry. 	N.J.A.C. 6A:19-1.2; N.J.A.C. 6A:9-2.1. 	N.J.A.C. 6A:9B-11.3(a) provides that
candidates for the instructional certificate in a CTE endorsement shall complete:

13
1. 	CEAS requirements pursuant to N.J.A.C. 6A:9B-8.2;
2. 	CE 	requirements 	pursuant 	to 	N.J.A.C. 	6A:9B-8.3,
except:
i. 	Candidates do not need to complete the basic
skills requirement pursuant to N.J.A.C. 6A:9B-8.3(a)5
prior to obtaining a CE; and
ii. 	Candidates 	shall 	complete 	either 	the
experience-based 	or 	degree-based 	requirements
pursuant to (b) below;
3. 	Provisional requirements pursuant to N.J.A.C. 6A:9B-
8.4; and
4. 	Requirements 	for 	the 	renewal 	of 	the 	provisional
certificate, pursuant to N.J.A.C. 6A:9B-8.5, and standard
certificate 	requirements, 	pursuant 	to 	N.J.A.C. 	6A:9B-8.7.
Candidates who have not yet completed the Department-
approved basic skills assessment or achieved a minimum
score on an alternate assessment listed in N.J.A.C. 6A:9B-
8.3(a)5 shall complete the basic skills assessment prior to
becoming eligible for a standard certificate.
According to N.J.A.C. 6A:9B-9.4(a), “21st century life and careers, and [CTE]
endorsements and authorizations,” the following teaching endorsements “authorize the
holder to teach kindergarten through grade 12, including approved [CTE] programs in
grades nine through 12 in all public schools”:
1. 	Business 	education/business-related 	technologies:
The endorsements authorize the holder to teach business
education and business-related technologies in all public
schools.
i. 	Comprehensive 	business: 	This 	endorsement
authorizes the holder to teach accounting, banking
and 	insurance, 	business 	computer 	applications,
business 	law, 	business 	communications, 	business
mathematics, economics and finance, entrepreneur-
ship, 	international 	business, 	keyboarding, business
management, business organization, marketing, office
administration/office 	systems 	technology, 	and
exploration in business-related careers.

14
ii. 	Business: 	accounting: 	This 	endorsement
authorizes 	the 	holder 	to 	teach 	accounting,
bookkeeping, 	finance 	and 	investment, 	business
mathematics, and exploration of related careers.
iii. 	Business: 	finance/economics/law: 	This
endorsement authorizes the holder to teach finance
and 	investment, 	economics, 	law, 	banking 	and
insurance, 	business 	mathematics, 	business
communications, 	business 	management, 	business
organization, and exploration of related careers.
iv. 	Business: 	keyboarding and 	data entry: 	This
endorsement 	authorizes 	the 	holder 	to 	teach
keyboarding, computer data entry, word processing,
and exploration of related careers.
v. 	Business: computer applications and business-
related 	information 	technology: 	This 	endorsement
authorizes 	the 	holder 	to 	teach 	business-related
software 	applications, 	safety 	and 	security 	policies
pertaining to computer use, emerging hardware and
operating 	systems, 	file 	management, 	legal 	issues
related to computer use, and exploration of related
business occupations.
vi. 	Business: office administration/office systems
technology: This endorsement authorizes the holder
to teach office organization, word processing, speed
writing, 	business 	communication, 	office 	and
administrative 	support 	practices 	and 	procedures,
keyboarding, data entry, and exploration of related
business occupations.
vii. 	Marketing 	education: 	This 	endorsement
authorizes the holder to teach marketing occupations
including 	sales, 	advertising 	and 	retailing, 	global
marketing, 	entrepreneurship, 	and 	exploration 	of
related business occupations.
The legislative history of N.J.A.C. 6A:9B-9.4 reflects that it was recodified from N.J.A.C.
6A:9-9.2(a)(9). 	Initially, N.J.A.C. 6A:9-9.2(a)(9), “Career education and consumer,
family and life skills,” did not separately list or define the business education/business-
related technologies endorsements. 	It was not until May 15, 2006, that the regulation
was amended to add the seven enumerated endorsements.

15
Specific CTE endorsements are based on a candidate’s Department-approved
employment 	or 	self-employment 	experience, 	bachelor’s 	degree, 	and/or 	associate
degree. N.J.A.C. 6A:9B-9.4(c). Endorsements are organized under career clusters and
listed on the Department’s website. 	Ibid. 	Petitioner’s CTE endorsement, “Business:
finance/economics/law,” 	is 	listed 	on 	the 	Department’s 	website 	under 	“Business
Management and Administration.”3 To meet the endorsement requirements in N.J.A.C.
6A:9B-9.1(a)(1)(iii), as part of the minimum thirty credits in the content area, a candidate
for the finance, economics, and law endorsement must complete at a two- or four-year
regionally accredited college or university:
1. 	At least six semester-hour credits in economics;
2. 	At least three semester-hour credits in finance; and
3. 	At least three semester-hour credits in business law.
[N.J.A.C. 6A:9B-10.13(a).]
N.J.A.C. 6A:19-1.1 to -7.6 governs the CTE programs and standards. 	The
purpose of the State system of CTE is to (1) support developmental career education
designed to provide students opportunities to enhance career awareness, exploration,
preparation, 	and 	decision-making 	skills 	necessary 	for 	success 	in 	the 	workplace;
(2) provide secondary and postsecondary students with CTE programs and programs of
study 	in 	Department-recognized 	Career 	Clusters 	that 	fulfill 	New 	Jersey 	Student
Learning 	Standards; 	(3) 	support 	a 	comprehensive 	K–12 	career 	education 	and
counseling system; and (4) support the workforce development system by helping to
ensure quality postsecondary educational opportunities for adult students. 	N.J.A.C.
6A:19-1.1(a). 	Chapter 19 establishes the general provisions governing CTE, and
specifies the standards and procedures regarding CTE in the areas of (1) provision of
career and technical education; (2) development, approval, and delivery of career and
technical 	education 	programs 	and 	programs 	of 	study; 	(3) 	provision 	of 	structured
learning 	experiences; 	(4) 	implementation 	of 	the 	CTE 	accountability 	system; 	(5)
development and implementation of safety and health standards; and (6) contracting of
services of career and technical training providers. N.J.A.C. 6A:19-1.1(b).
3 Available at https://nj.gov/education/license/cte/endorsements.htm (last visited January 30, 2019).

16
A district board of education may not apply the term “career and technical” to any
of its schools, programs, or programs of study unless those schools, programs, or
programs of study are approved by the Department and meet the general requirements
included in the approved State Plan for CTE. N.J.A.C. 6A:19-2.1(c). A district board of
education may establish CTE programs and programs of study approved pursuant to
N.J.A.C. 6A:19-3.1 as part of a separate career and technical high school or as part of a
comprehensive high-school curriculum. 	N.J.A.C. 6A:19-2.1(e). 	A district board of
education 	operating 	a 	CTE 	program 	or 	program 	of 	study 	must 	comply 	with 	all
requirements 	pursuant 	to 	N.J.A.C. 	6A:19-6, 	Safety 	and 	Health 	Standards, 	in 	the
administration and operation of the programs. 	N.J.A.C. 6A:19-2.1(i). 	N.J.A.C. 6A:19-
3.1(a) sets forth, at length, the program requirements for a district board of education
intending to offer a CTE program or program of study.
Distinction Between Technology Education and Educational Technology
A “technology education” endorsement authorizes the holder to teach technology
education in all public schools with the exception of approved CTE programs. 	N.J.A.C.
6A:9B-9.3(a)(8)(i). 	Technology education includes content aligned with the NJSLS and
the “Standards for Technological Literacy: 	Content for the Study of Technology”
published by the International Technology and Engineering Educators Association
(ITEEA), 	Copyright 	2007, 	incorporated 	by 	reference, 	available 	at
https://www.iteea.org/File.aspx?id=67767&v=b26b7852. 	Ibid. 	Examples of the topics
that 	can 	be 	taught 	under 	the 	“technology 	education” 	endorsement 	include:
technological literacy; the nature of technology; technology and society; the engineering
and technological design process; abilities for a technological world; and understanding
the designed world, including selecting and using medical technologies, agricultural and
related 	biotechnologies, 	energy 	and 	power 	technologies; 	information 	and
communication technologies; transportation technologies, manufacturing technologies,
and/or 	construction 	technologies. 	N.J.A.C. 	6A:9B-9.3(a)(8)(i)(1). 	A 	technology
education endorsement is not required to teach educational technology and/or computer
and information skills pursuant to N.J.A.C. 6A:9B-5.18.4 	N.J.A.C. 6A:9B-9.3(a)(8)(ii).
4 It appears the correct citation should be N.J.A.C. 6A:9B-5.17, as 5.18 is reserved.

17
The legislative history for N.J.A.C. 6A:9B-9.3 reflects that it was previously codified at
N.J.A.C. 6A:9-9.2(a)(8). 	In 2005 and 2006, the regulation reflected a “technology
education” paragraph, but was later amended, effective January 5, 2009, to add the
“computer and information literacy” paragraph reflecting that there was no separate
endorsement for educational technology and tools or for computer and information
literacy, except where career and technical endorsements occur. 	N.J.A.C. 6A:9-
9.2(a)(8)(i).
With respect to instruction in “educational technology,” computers, and other
digital tools, the legislative history of N.J.A.C. 6A:9B-5.17 reflects that subparagraph (b)
was 	added, 	effective 	December 	7, 	2015, to 	almost 	identical 	language 	previously
codified at N.J.A.C. 6A:9-5.20 (effective January 5, 2009), and later codified at N.J.A.C.
6A:9-5.19 (effective July 1, 2013). 	The Rule Proposal Summary reflects that the
Department was proposing amendments “primarily in four areas that are consistent with
both the State Board Strategic Plan and the Department’s mission statement,” including
amendments at N.J.A.C. 6A:9-5.20 and elsewhere to address “a more comprehensive
authorization for teaching computer literacy, and clarification of the distinction between
educational technology and technology education.” 	40 N.J.R. 4856(a) (September 2,
2008). More specifically,
N.J.A.C. 6A:9-5.20, Computer literacy, is proposed for repeal
and 	replacement 	with 	a 	new 	section 	emphasizing 	the
integration of education technology across the curriculum,
per Core Curriculum Content Standard 8.2. 	The new rule
also reflects changes in the Department’s understanding of
the educational technology responsibilities of teachers, and
distinguishes 	educational 	technology 	from 	technology
education.
[Ibid.]
Presently, N.J.A.C. 6A:9B-5.17, “Instruction in educational technology, mputers,
and other digital tools,” provides as follows:
(a) 	Every 	teacher 	shall 	demonstrate 	knowledge 	and
understanding 	of 	computers 	and 	other 	educational
technology 	resources 	and 	tools 	as 	defined 	by 	the
Professional Standards for Teachers.

18
(b) 	An 	endorsement 	shall 	not 	be 	required 	to 	deliver
instruction in educational technology, computers, and other
digital 	tools, 	except 	where 	career 	and 	technical
endorsements are required for the related career clusters,
career 	education, 	and 	consumer, 	family, 	and 	life 	skills
pursuant to N.J.A.C. 6A:9B-9.4.
(c) 	Every 	teacher 	shall 	integrate 	into 	the 	classroom
appropriate 	educational 	technology 	resources 	and 	digital
tools related to the content area being taught.
(d) 	The chief school administrator or his or her designee
may assign an individual to provide instruction in the use of
educational technologies, computers, and other digital tools
if the individual:
1. 	Demonstrates 	proficiency 	in 	the 	uses 	of
educational technologies, computers, and other digital
tools, and understands their common applications in
an educational setting;
2. 	Demonstrates knowledge and understanding of
the integration in the curriculum of such technologies
and digital tools;
3. 	Demonstrates understanding of the legal and
ethical 	issues 	surrounding 	the 	use 	of 	educational
technologies and digital tools in preschool through
grade 12 schools; and
4. 	Holds a CE, CEAS, or standard certificate in an
instructional field.
Analysis
In 	Dennery 	v. 	Passaic 	County 	Regional 	High 	School 	District 	#1 	Board 	of
Education, 131 N.J. 626, 634 (1993), the Supreme Court opined that a tenured staff
member may not be subject to a reduction in force if a nontenured person has been
retained in a position within the scope of the tenured staff member’s certificate:
To 	acquire 	a 	particular 	certificate 	and 	endorsement, 	an
educator 	is 	also 	required 	to 	fulfill 	certain 	academic
requirements. 	N.J.A.C. 6:11-5.1 to 5.2. 	Those most often
include the completion of coursework or the acquisition of a
relevant higher degree. On the satisfactory completion of all

19
requirements, 	the 	Division 	of 	Teacher 	Preparation 	and
Certification will certify the educator. N.J.A.C. 6:11-3.19.
An 	educator 	who 	has 	attained 	tenure 	by 	virtue 	of 	the
requisite service in a specific position will have tenure with
respect 	to 	all 	positions 	under 	the 	particular 	certificate.
Ellicott v. Board of Educ., 251 N.J. Super. 342, 349, 598
A.2d 	237 	(App. 	Div. 	1991). 	Tenure 	under 	any 	one
endorsement 	entitles 	an 	educator 	to 	tenure 	under 	all
endorsements obtained under his or her certificate. 	Id. at
350, 598 A.2d 237; Bednar v. Westwood Bd. of Educ., 221
N.J. Super. 239, 534 A.2d 93 (App. Div. 1987) (holding that
tenured 	teacher 	with 	instructional 	certificate 	and
endorsement in art also entitled to tenured post requiring
secondary art endorsement), certif. denied, 110 N.J. 512,
541 	A.2d 	1371 	(1988); 	Capodilupo 	v. 	West 	Orange
Township Bd. of Ed., 218 N.J. Super. 510, 528 A.2d 73
(App. Div.) (holding that teacher with both elementary and
secondary physical education endorsements was tenured
under both endorsements), certif. denied, 109 N.J. 514, 537
A.2d 1300 (1987); Grosso v. Board of Educ., 1990 S.L.D.
1750.
In Bednar, the court opined that seniority does not purport to create employment
rights for nontenured employees, and that Chapter 28 surely does not contemplate use
of the concept of seniority to justify retaining a nontenured teacher in a position within
the certificate of a dismissed tenured teacher. 	Bednar, 221 N.J. Super. at 242 	(citing
Capodilupo, 218 N.J. Super. 510). 	The court continued that N.J.S.A. 18A:28-10
declares only the rights inter sese of tenured teachers in a reduction in force, among
whom seniority is determinative, but the statute does not authorize regulatory dilution of
tenure rights by affording a nontenured teacher “seniority.” Id. at 243.
In Capodilupo, the Appellate Division opined that the “State Board was within its
delegated authority when it ruled that a tenured teacher seeking reinstatement within
the endorsements on his or her certificate is entitled to preference in a [reduction in
force] as against a non-tenured applicant with the same certification.” 	Capodilupo, 218
N.J. Super. at 515. Similarly, in Grosso v. Board of Education, 1990 S.L.D. 1750 (State
Board of Education), appeal dismissed, Nos. A-4359-89T5 and A-4360-89T5 (App. Div.
1990), the Commissioner of Education agreed that the petitioner had achieved tenure
as a “teacher” by virtue of his service teaching business education for the requisite

20
period of time under N.J.S.A. 10A:28-6, and that the scope of his tenure protection
extended 	to 	all 	of 	the 	endorsements 	on 	his 	instructional 	certification. 	The
Commissioner concluded that since the petitioner was authorized and qualified to serve
as an elementary teacher by virtue of his elementary education certification, under
N.J.A.C. 	6:11-6.2(a)(6), 	he 	had 	entitlement 	as 	a 	result 	of 	his 	tenure 	status 	to
employment as an elementary teacher as against nontenured individuals, regardless of
whether he had previously served under that endorsement.
The standards for determining seniority are set forth in N.J.A.C. 6A:32-5.1.
Seniority, pursuant to N.J.S.A. 18A:28-13 et seq., is determined according to the
number of academic or calendar years of employment, or fraction thereof, as the case
may be, in the school district, in specific categories. 	N.J.A.C. 6A:32-5.1(b). 	The
categories are enumerated in N.J.A.C. 6A:32-5.1(l) and include secondary, elementary
and “[a]dditional categories of specific educational service endorsements issued by the
State Board of Examiners and listed in N.J.A.C. 6A:9B.” N.J.A.C. 6A:32-5.1(l)(17)–(19).
Petitioner 	holds 	a 	standard 	instruction 	certification 	with 	a 	Business:
Finance/Economics/Law 	endorsement. 	She 	was 	employed 	as 	full-time 	teacher
assigned to teach high school Marketing, Introduction to Business, and Business Law
for the 2012–2013 through 2015–2016 school years. 	By virtue of the date of her hiring
resolution (J-1), certification (J-2), and term of service in respondent’s employ, petitioner
achieved tenure as a teacher in respondent’s district as of the first day of school in
September 2015 pursuant to N.J.S.A. 18A:28-5(a)(2) with seniority rights pursuant to
N.J.A.C. 6A:32-5.1, et seq. 	Petitioner does not dispute that she did not have sufficient
seniority to claim the Marketing, Introduction to Business, and Business Law classes,
which were assigned to another tenured teacher. 	However, petitioner argues that her
tenure rights extend to the computer technology courses that were assigned to a non-
tenured teacher and required her employment in a part-time position for the 2016–2017
school year; that her “tenure rights extend beyond the Business Education classes . . .
to include all subjects which can be taught within the scope of her instructional
certificate and are being taught by non-tenured teachers”; that she is properly certified
to teach the computer technology courses; and that respondent does not have an
educational prerogative to ignore tenure laws. 	Conversely, the Board argues that it

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properly conducted a reduction in force and that petitioner “is not entitled to restoration
to a .040 Full-Time Equivalent (FTE) position solely because she taught miscellaneous
computer classes for a few years”; that petitioner did not, and does not, have the
appropriate endorsement to teach Computer Tech. 6 or Computer Tech. 8 in the 2016–
2017 school year; that even if petitioner could teach the computer technology courses,
her tenure and seniority rights do not extend to Computer Tech. 6 or Computer Tech. 8;
and that even if petitioner’s tenure rights extend to Computer Tech. 6 or Computer
Tech. 8, the Board properly exercised its discretion to “efficiently operate its school
program by assigning those classes to [Grossman] in order to retain one full-time
teacher of graphic design.”
N.J.A.C. 6A:9B-5.17 allows every teacher to deliver instruction in educational
technology, computers, and other digital tools, “except where career and technical
endorsements are required.” 	N.J.A.C. 6A:9B-5.17(b). 	In part, this regulation was
proposed as “a more comprehensive authorization for teaching computer literacy,” 40
N.J.R. 4856(a) (September 2, 2008), and section (c) confirms that computers and
educational technology are to be incorporated by “every teacher” into the classroom, as
appropriate. 	However, section (d), which allows the chief school administrator or
designee to “assign an individual” to provide instruction in the use of educational
technologies, computers, and other digital tools if that individual demonstrates the
requisite proficiency, knowledge, and understanding of educational technology and
computers, makes it evident that such individual is not “every teacher.” 	Additionally,
there was no evidence that the District’s computer technology courses meet the CTE
definition. 	The 	course 	descriptions 	and 	syllabi 	do 	not 	reflect 	“rigorous 	content,”
“occupation specific skills,” or “relevant technical knowledge and skills needed to
prepare for further education and careers in current or emerging professions.” N.J.A.C.
6A:19-1.2, “Career and technical education.” 	Inasmuch as Microsoft Office Suite has
become ubiquitous in school, home, and work environments, the Computer Tech. 6,
Computer Tech. 7, and Computer Tech. 8 courses appear to be general-computer-skills
classes.
The District’s argument that an endorsement is required to teach the computer
technology classes is unavailing. 	N.J.A.C. 6A:9B-9.4(a) states that “the teaching

22
endorsements . . . 	authorize the holder to teach “kindergarten through grade 12,
including approved [CTE] programs in grades nine through 12.” 	Emphasis added.
Further, N.J.A.C. 6A:9B-9.4(b) states: 	“[CTE] endorsements authorize the holder to
teach approved [CTE] programs in grades nine through 12 in all public schools in
accordance with N.J.A.C. 6A:9B-11.3.” 	Emphasis added. 	The teaching endorsements
referred 	to 	are 	the 	various 	business 	education/business-related 	technologies
endorsements, 	family 	and 	consumer 	sciences, 	and 	agriculture, 	food, 	and 	natural
resources. 	The Department of Education website makes clear that the “approved CTE
programs” are, at a minimum, for secondary students, and its CTE program approval
process is for secondary programs.5 	The District presented no evidence to establish
that 	any 	of 	the 	computer 	technology 	classes 	in 	question 	complied 	with 	or 	were
approved 	in 	accordance 	with 	N.J.A.C. 	6A:19-3.1. 	Petitioner 	was 	not 	teaching
secondary computer technology classes. 	Rather, the classes were grades six, seven,
and eight, and the business education/business-related technologies endorsements
identified at N.J.A.C. 6A:9B-9.4(a)(1) require the appropriate endorsement to teach an
approved CTE computer technology class in grades nine through twelve only.
There is no dispute that Hersh-Luterzo acquired tenure as to her standard
instructional certificate, and the protections afforded thereby encompass not only those
classes 	she 	is 	authorized 	to 	teach 	within 	the 	scope 	of 	her 	Business:
Finance/Economics/Law endorsement, but also those classes she is authorized to
teach within the scope of her standard instructional certificate. 	Although the District
argues that it properly exercised its discretion to “efficiently operate its school program”
by assigning the computer technology courses to a non-tenured, full-time graphic
design teacher, the cases relied upon are distinguishable from this case and insufficient
to trump petitioner’s tenure rights.
In sum, I CONCLUDE as follows:
The District’s Computer Tech. 6, Computer Tech. 7, and Computer Tech. 8
courses are not approved CTE courses. 	No endorsement is required to teach the
District’s Computer Tech. 6, Computer Tech. 7, and Computer Tech. 8 courses.
5 Available at https://www.nj.gov/education/cte/ (last visited January 30, 2019).

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Petitioner’s standard instructional certificate tenure extends to the Computer Tech. 6,
Computer 	Tech. 	7, 	and 	Computer 	Tech. 	8 	courses 	under 	N.J.A.C. 	6A:9B-5.17.
Petitioner’s tenure allows her to claim the sixth, seventh, and eighth-grade computer
technology classes of a non-tenured teacher.
Termination
The Verified Petition, filed on June 15, 2016, alleged that the failure to adopt a
resolution terminating petitioner’s employment “by name” rendered the termination null
and void. 	However, petitioner’s brief states that “[t]he second count of the petition was
later mooted by the Board’s adoption of a resolution terminating petitioner on June 27,
2016.” Accordingly, the second count of the Verified Petition is not considered herein.
Summary Decision
Applications for summary decision after a matter has been transmitted to the
Office of Administrative Law shall be filed with the administrative law judge (ALJ) in
accordance with applicable rules of the OAL. 	N.J.A.C. 6A:3-1.12(b). 	A contested case
before the Office of Administrative Law “can be summarily disposed of before an ALJ
without 	a 	plenary 	hearing 	in 	instances 	where 	the 	undisputed 	material 	facts, 	as
developed on motion or otherwise, indicate that a particular disposition is required as a
matter of law.” 	In re Robros Recycling Corp., 226 N.J. Super. 343, 350 (App. Div.),
certif. denied, 113 N.J. 63 (1988).
N.J.A.C. 1:1-12.5(b) provides, in pertinent part:
The motion for summary decision shall be served with briefs
and 	with 	or 	without 	supporting 	affidavits. 	The 	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. 	When a motion for summary decision is made and
supported, an adverse party in order to prevail must by
responding affidavit 	set forth 	specific facts showing that
there is a genuine issue which can only be determined in an
evidentiary proceeding.

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The parties cross-moved for summary decision. 	Inasmuch as there is no
genuine issue as to any material fact challenged, I CONCLUDE that this matter is
appropriate 	for 	summary 	decision. 	Based 	upon 	the 	totality 	of 	the 	facts 	and
circumstances, I CONCLUDE that the Board’s failure to employ petitioner for the 2016–
2017 school year to teach Computer Tech. 6 and Computer Tech. 8 courses violated
petitioner’s tenure rights. 	I further CONCLUDE that the Board should compensate
petitioner for any salary and benefits lost and credit petitioner any seniority credit lost for
the 2016–2017 school year.
ORDER
I 	ORDER 	that 	petitioner’s 	motion 	for 	summary 	decision 	be 	and 	hereby 	is
GRANTED and respondent’s cross-motion for summary decision be and hereby is
DENIED. 	I further ORDER that the Board compensate petitioner for any salary and
benefits lost and credit petitioner any seniority credit lost for the 2016–2017 school year.
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.

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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.
February 13, 2019
DATE 	KELLY J. KIRK, ALJ
Date Received at Agency: 	February 13, 2019
Date Mailed to Parties:

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EXHIBITS
Joint:
J-1 	Board Resolution (May 21, 2012)
J-2 	Standard Certificate and Endorsement
J-3 	Board Resolution (June 27, 2016)
J-4 	Provisional Certificate (Amy Grossman)
J-5 	Standard Certificate (Amy Grossman)
J-6 	Computer Tech. 6 Course Description
J-7 	Computer Tech. 6 Syllabus
J-8 	Computer Tech. 8 Course Description
J-9 	Computer Tech. 8 Syllabus