Neysa Etienne v. New Jersey State Board of Examiners, 12/02/2021, (#306-21)

306-21
New Jersey Commissioner of Education
Final Decision
Neysa Etienne,
Petitioner,
v.
New Jersey State Board of Examiners,
Respondent.
Synopsis
Pro-se petitioner appealed the determination of the respondent New Jersey State Board of Examiners (SBE)
that she had not met the requirements for issuance of a school social work endorsement. Specifically, the
SBE determined that petitioner’s alternative experience fails to serve as a one-to-one equivalent of the
required three semester hours in advanced social casework which petitioner needs to fully meet the
requirements for issuance of a school social worker endorsement pursuant to N.J.A.C. 6A:9B-14.5.
Petitioner asserted that her job experience does fulfill the regulatory requirements. The SBE contended
that petitioner’s experience was piecemeal and did not include enough one-to-one experience specifically
within a school setting to meet the required three semester hours in advanced level social casework.
The ALJ found, inter alia, that: the SBE determined that petitioner only lacks three semester hours of
advanced social casework before she qualifies for the endorsement; petitioner’s work experience as a
mobile crisis school liaison, prevention specialist, and as a licensed associate marriage and family therapist
meets the requirement of the three semester hours in advanced social casework; petitioner is therefore
entitled to the school social work endorsement that she seeks; and the SBE’s requirement that petitioner’s
experience must be unsupervised and in a school setting exceeds the requirements of N.J.A.C. 6A:9B-14.5.
The ALJ concluded that the petitioner achieved the one-to-one equivalent of the required three semester
hours in advanced social casework through her previous work experiences and is therefore entitled to the
educational services certificate and endorsement as a school social worker.
Upon review, the Commissioner found, inter alia, that petitioner does not meet the requirements for a
school social worker endorsement as she has not met the requirements of N.J.A.C. 6A:9B-14.5; the SBE
acted within its discretionary authority when it found that petitioner’s alternative experience fails to serve
as a one-to-one equivalent of the advanced social casework requirement. Accordingly, the Initial Decision
of the OAL was rejected 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 01947-20
Agency Dkt. No. 312-12/19
New Jersey Commissioner of Education
Final Decision
Neysa Etienne,
Petitioner,
v.
New Jersey State Board of Examiners,
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 pursuant to N.J.A.C. 1:1-18.4 by the New Jersey
State Board of Examiners (Board), and the petitioner’s reply thereto.
In this matter, petitioner challenges the Board’s November 5, 2020 denial of her application
for a school social worker endorsement1 based on its determination that her experience was not
equivalent to the advance level social casework requirement.2 In denying her application, the
Board found that petitioner had “not accumulated enough one-to-one case experience specifically
within a school setting that completion of Advanced Level Social Case work requires.” (Exhibit R7).
1 A school social worker endorsement accompanies an educational services certificate.
2 In a decision dated September 24, 2019, the Board considered petitioner’s alternate experience during
a credentials review, pursuant to N.J.A.C. 6A:9B-4.12, and found that petitioner’s experience satisfied
the introductory level social casework requirement but failed to meet the advanced social casework or
medical information requirements. Following the filing of the petition, the Board agreed to reconsider
petitioner’s application and review additional materials. In its November 5, 2020 decision, the Board
determined that the medical information requirement had been satisfied, but that petitioner was still
deficient in the advanced social casework requirement.
306-21

2
Thereafter, in an email from the Board’s counsel dated November 19, 2020, the Board provided
clarification as to its decision:
Essentially, the Board is looking for candidates whose experience
with children is equivalent to what would be learned in an advanced
Masters in Social Work course, i.e., the candidate would have the
skills and knowledge to independently work on a child’s case from
start to finish. The candidate would need [to] show experience in
which she had direct contact with children relating to topics that
would generally be covered in [a] social work masters class, of which
substance abuse is only one. Such experience would entail the
following:
• Determining proper interview methods for child;
• Talking directly to child and learning about their life;
• Figuring out and diagnosing what the child’s issues are;
• Reviewing with the child what those issues are;
• Writing down what the case study was for the child;
• Counseling them directly on how to correct those issues; and
• Being the main person doing this and not under the
supervision of someone else.
The Board found that [petitioner’s] experience in the above listed
factors was piecemeal and too often with the support of other
people, and therefore did not grant her the credits for advanced
social work.
[(Exhibit P3).]
Following a hearing on the merits, which included the testimony of petitioner, petitioner’s
former coworker, and the Director of the Office of Certification and Induction, the Administrative
Law Judge (ALJ) found that petitioner’s work experiences – specifically as a mobile crisis school
liaison, prevention specialist, and as a licensed associate marriage and family therapist – met the
requirement of three semester hours of advanced social casework, and she is therefore entitled to
the educational services certificate and endorsement as a school social worker. The ALJ also found
that the Board’s requirement that her experience be unsupervised and in a school setting exceeded
the requirements of N.J.A.C. 6A:9B-14.5.

3
In its exceptions, the Board argues that it acted within its discretionary authority when it
determined that petitioner’s alternative experiences “did not demonstrate a one-to-one
equivalence of the independent casework diagnosis and interview skills attained by graduate level
students in a [master’s in social work (MSW)] program by completing advanced level social
casework credits, which the school social worker certificate requires.” (Board’s exceptions at 18).
The Board also maintains that it is within its discretionary authority to determine what type of
experience constitutes a one-to-one equivalence, so the ALJ erred in finding that the Board could
not require unsupervised experience that takes place in a school setting.
The Board takes exception to the ALJ’s conclusion that petitioner’s work experience
qualified as school setting experience and that she therefore meets the requirements for
certification. Specifically, the Board contends that the issues petitioner faced in her work were not
those typically addressed in a school setting. The Board points out that petitioner admitted in her
testimony that her mobile crisis response liaison experience was not long-term counseling and the
services she provided as a prevention specialist were primarily done in group settings rather than
individual counseling. As such, the Board argues that the Commissioner should reject the Initial
Decision because petitioner did not meet the requirements for an endorsement as a school social
worker.
In reply, petitioner argues that her experience was only supervised to the extent that she
was obtaining a clinical license – which is not a requirement for the social worker endorsement –
and that she was not being supervised with respect to the provision of social services. Petitioner
also maintains that she worked in school settings and counseled students on school-related issues
and completed assessments and diagnoses, provided referrals, and worked with parents and school
staff. As such, petitioner agrees with the ALJ that her work experiences met the requirements for

4
certification and the Board erred by denying her application for a school social worker
endorsement.
Upon review, the Commissioner finds that petitioner does not meet the requirements for a
school social worker endorsement. N.J.A.C. 6A:9B-14.5(b) provides:
To be eligible for the standard educational services certificate with a
school social worker endorsement, the candidate shall hold a
master's degree from a regionally accredited college or university
and complete a total of 30 graduate-level semester-hour credits with
a study in each area listed below:
1. Psychology, including general psychology, educational psychology,
psychology of adolescence, and child growth and development;
2. Special education and/or learning disabilities;
3. Social problems, including study in dealing with delinquency,
poverty, interracial, and intercultural problems;
4. A minimum of six semester-hour credits in introductory and
advanced social casework, including principles and practices in social
casework, interviewing, and methods and skills in diagnosis;
5. Mental hygiene and social psychiatry, including dynamics of
human behavior and psychopathology;
6. Medical information, including the role of the social worker in
health problems or fundamentals of substance abuse and
dependency;
7. Community organizations, agencies and resources; and
8. Social policy and public welfare services, including the care and
protection of at-risk children and families.
If a candidate is deficient in certain areas of an application, he or she may provide the Board 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). Thereafter, when considering evidence of alternative
education, the Board may not “[p]ermit a candidate to substitute education and/or experience for
any test, GPA, degree, or approved educator preparation program completion requirements.”
N.J.A.C. 6A:9B-4.12(c). Accordingly, a candidate may satisfy regulatory requirements by using
alternative experience “if the petitioner demonstrates, by a preponderance of the credible
evidence, that the alternative education is the one-to-one equivalent with the statutory

5
requirements.” Jenny Neuhoff v. New Jersey State Board of Examiners, EDU 11780-17, Initial
Decision (March 6, 2018), adopted, Commissioner Decision No. 118-18, decided April 13, 2018.
Here, the Board considered the petitioner’s alternative experience and properly found that
she lacked the equivalent of three semester hours in advanced social casework, as required by
N.J.A.C. 6A:9B-14.5(b)(4). Rani Singh (Singh), Director of the Office of Certification and Induction
and Secretary of the Board, explained in her testimony that, in contrast to the introductory level
requirement, “the advanced level requires more one on one interactions between the social worker
and students in a school-like setting in which the social case worker is the main person providing
the services without the need of a supervisor so they’re basically on their own in this type of
setting.” (Testimony of Rani Singh, T2 at 16, April 23, 2021). Singh also testified that the Board is
looking for a specific set of skills to handle the wide range of issues that a school social worker deals
with in the school setting, from making overall diagnoses to treatment for emotional and social
issues and substance abuse problems, to counseling regarding academics and college plans. (Id. at
59). The Commissioner disagrees with the ALJ that the Board exceeded its authority in requiring
that petitioner’s alternative experience be unsupervised and in a school setting to be considered
the equivalent of the advanced social casework requirement because such a determination as to
what constitutes a one-to-one equivalent is a discretionary one.
Considering petitioner’s alternative experience, the Board was not unreasonable in
determining that such experience did not qualify as an equivalent of the advanced social casework
requirement. First, from November 2017 to the present, petitioner has worked at Clara Maas
Medical Center as a mental health screener and child specialist. As a mental health screener,
petitioner assesses patients who arrive in the emergency room. She also works as a mobile crisis
liaison for schools, going to schools when there is a crisis and assessing the child to determine

6
whether there is a need for hospitalization, in consultation with a psychiatrist. (Exhibit P-5). The
Commissioner agrees with the Board that even though petitioner may physically enter schools, the
position involves emergency or crisis situations which differ from the issues that are ordinarily
addressed in the school environment. Additionally, such evaluations are short term, rather than the
long-term counseling that school social workers provide.
Second, petitioner has worked at Wayne Counseling and Family Services (WCAFS) in several
roles, starting with a clinical internship in 2014. Petitioner then served as a part time bilingual
clinician from December 2015 through May 2015. In January 2019, petitioner returned to WCAFS
as an intern working toward full licensure as an associate marriage and family therapist, which she
obtained in 2020. In this job, petitioner conducts intake interviews and develops and implements
treatment plans focusing on a variety of concerns, including marital/family issues, emotion
management, mood disorders, parenting, anxiety, depression, grief, PTSD and personality
disorders. (Exhibit P-8). While this position involves counseling over longer periods of time, the
Commissioner agrees with the Board that it does not involve a school setting. Petitioner counsels
both children and adults, including issues such as marital counseling and parenting issues that are
not specific to do not pertain to children, and her position is supervised.
Finally, from April 2016 to September 2017, petitioner worked as a prevention specialist
with RWJ Barnabas Health’s Institute for Prevention. In that role, petitioner provided lessons on
prevention in classrooms and small groups to minimize substance abuse by teaching proper coping
skills, anger management, and decision making. (Testimony of Neysa Etienne, T1 at 34, 98-99,
February 23, 2021). The Commissioner agrees with the Board that, although petitioner worked with
students in school, the position did not involve interviewing, diagnosing and counseling of
individuals. Petitioner worked in group settings to teach prevention, rather than counseling

7
students as a school social worker would. Accordingly, the Commissioner finds that petitioner’s
alternative experience fails to serve as a one-to-one equivalent of the required three semester
hours in advanced social casework, such that petitioner does not fully meet the requirements for a
school social worker endorsement pursuant to N.J.A.C. 6A:9B-14.5.
Accordingly, the Initial Decision of the OAL is rejected for the reasons expressed herein. The
petition is hereby dismissed.
IT IS SO ORDERED.3
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
3 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.
December 2, 2021
December 3, 2021

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 01947-2020
AGENCY DKT. NO. 312-12/19
NEYSA ETIENNE,
Petitioner,
v.
NEW 	JERSEY 	STATE 	BOARD 	OF
EXAMINERS,
Respondent.
____________________________________
Neysa Etienne, pro se
David Kalisky, Deputy Attorney General, for State Board of
Examiners (Andrew J. Bruck, Attorney General of New Jersey, attorney)
Record Closed: August 13, 2021 	Decided: September 7, 2021
BEFORE NANCI G. STOKES, ALJ:
STATEMENT OF THE CASE
Petitioner 	Neysa 	Etienne applied for 	a School 	Social Worker 	endorsement
presenting evidence of her education and work experience.1 	The State Board of
1 The regulation uses “endorsement” but the Board’s decision and materials often use “certificate”
instead. A school social worker endorsement accompanies an educational services certificate.

OAL DKT. NO. EDU 01947-20
2
Examiners (Board) determined that Etienne’s experience was not equivalent to advanced
level social casework, imposing requirements outside the regulation. Is Etienne entitled
to the endorsement? 	Yes. 	If the Board’s denial is not supported by the evidence or is
arbitrary, capricious, or contrary to the law, the Commissioner may reject the Board’s
determination. N.J.A.C. 6A:4-4.1 N.J.A.C. 6A:9B-14.5(b)(6); N.J.A.C. 6A:9B-4.12(b).
PROCEDURAL HISTORY
On September 24, 2019, the Board denied Etienne’s application for a School
Social Worker certificate.
On November 26, 2019, Etienne appealed.
On February 3, 2020, the Board moved to dismiss and requested that I convert the
motion to a motion for summary decision if the case was transmitted to the Office of
Administrative Law.
On February 7, 2020, the Department of Education, Office of Controversies and
Disputes, transmitted the case to the OAL as 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 -23, for a hearing under the Uniform Administrative Procedure Rules,
N.J.A.C. 1:1-1.1 to -21.6.
On February 24, 2020, Etienne filed her opposition to the motion, and on March
12, 2020, the Board submitted its reply.
On April 24, 2020, I denied the Board’s motion concluding that genuine factual
issues existed.
The 	Board 	agreed 	to 	reconsider 	and 	review 	additional 	materials 	regarding
Etienne’s certification application.

OAL DKT. NO. EDU 01947-20
3
On November 5, 2020, the Board accepted that Etienne’s experience met the
required 	medical-information 	coursework 	component, 	but 	still 	denied 	Etienne’s
application for school social worker.
I adjourned scheduled hearings due to witness illness and unavailability. 	On
February 23, 2021, and April 23, 2021, I conducted hearings via Zoom because of
continued 	COVID-19 	restrictions 	precluding 	in-person 	proceedings. 	The 	Board
requested transcripts, and the parties agreed to supply post-hearing submissions.
On May 28, 2021, Etienne submitted her post-hearing arguments.
On August 13, 2021, the Board filed its submission, and I closed the record.
FINDINGS OF FACT
The parties do not dispute many of the background facts in this case. 	I FIND the
following FACTS:
On September 9, 2014, Etienne first requested a school social worker certification.
This application included her Kean University transcripts indicating a Bachelor of Arts
degree with a major of psychology, a Master of Arts in behavioral sciences and
psychological services, and a professional diploma in marriage and family therapy.
On November 15, 2015, the Board denied her request noting deficiencies that
included “a minimum of 6 semester-hour credits of introductory and advanced level social
work” and the “medical information” component.
On February 25, 2016, in response to Etienne’s request for reconsideration, the
Board advised Etienne that she could use experience to demonstrate “one-to-one
equivalence of your experience/coursework to the licensure deficiency.” In particular, the
Board instructed Etienne to address each deficiency area:

OAL DKT. NO. EDU 01947-20
4
Documentation of experience should include not only original letters
by 	appropriate 	employers 	and 	those 	responsible 	for 	providing
alternative 	study 	indicating 	dates 	of 	employment 	and 	job
responsibilities, but should also include information relevant to the
specific areas of deficiency. The material you submit for review must
include the completed summary sheet and notarized statement that
all documentation is true and accurate. It is recommended that in
addition to documentation of employment and academic study, you
include in your packet a narrative statement in which you clearly
outline the one-to-one equivalency of your experience/coursework to
the licensure deficiency.
[Id.]
The Board initially denied Etienne’s 2019 application because she did not have
experience equivalent “for the advanced social case work or the medical information
requirement. 	Specifically, 	the 	experience 	offered 	does 	not 	contain 	substance
abuse/awareness content which is a content area that is covered by advanced level
casework.” 	However, 	Etienne 	now 	satisfied 	the 	three-hour 	semester 	credits 	for
introductory social case work.
Etienne’s appeal addressed her substance abuse experience noting she worked
extensively “with patients that have intentionally or unintentionally overdosed on various
drugs.” 	Further, she served as a “school-based prevention specialist” through Robert
Wood Johnson’s Barnabas Behavioral Health Center (BHC) focusing on substance abuse
prevention. 	Since November 2017, Etienne has worked as a mental health screener at
RWJ Barnabas Clara Maas (Clara Maas) in the psychiatric emergency screening unit that
provides, in part, assessment of substance abuse.
Etienne’s application also noted that she was a certified trainer in Screening, Brief
Intervention, and Referral to Treatment (SBIRT) through the Rutgers Center for Alcohol
Studies. 	Further, Etienne attended multiple professional workshops related to substance
abuse.
Lastly, Etienne is a licensed associate marriage and family therapist (LAMFT) working
part-time at an out-patient family and marriage therapist at Wayne Counseling and Family
Services (WCFS).

OAL DKT. NO. EDU 01947-20
5
The Board agreed to reconsider Etienne’s application materials and allow additional
documentation addressing the deficiencies raised in the initial decision.
Before the Board’s July 30, 2020, meeting, Etienne supplied supplemental records
used in her jobs and explained why she believed her experience was equivalent to all
regulatory requirements. 	Documentation included: the psychiatric screening form with
Columbia suicide severity rating scale (CSSRS) completed by Etienne independently at Clara
Maas; a 2015 letter from WCFS; small group attendance form and lesson plan supporting
ongoing weekly sessions; and New Jersey Early Intervention System log evidencing weekly
in-home therapeutic services to a child.
On November 5, 2020, the Board issued a subsequent decision concluding that
Etienne’s experience satisfied the medical information component of the regulation but still
did not meet the advanced level social case work element. The Board explained that Etienne
“has not accumulated enough one-to-one experience specifically within a school setting that
completion of advanced level social case work requires.”
On behalf of the Board, counsel provided additional clarification, and framed the issue
in this case:
Essentially, 	the 	Board 	is 	looking 	for 	candidates 	whose
experience with children is equivalent to what would be
learned in an advanced Masters in Social Work course, i.e.,
the 	candidate 	would 	have 	the 	skills 	and 	knowledge 	to
independently work on a child’s case from start to finish. The
candidate would need [to] show experience in which she had
direct contact with children relating to topics that would
generally be covered in a social work master’s class, of which
substance abuse is only one. Such experience would entail
the following:
• 	Determining proper interview methods for child;
• 	Talking directly to child and learning about their life;
• 	Figuring out and diagnosing what the child’s issues
are;
• 	Reviewing with the child what those issues are;
• 	Writing down what the case study was for the child;
• 	Counseling them directly on how to correct those
issues; and

OAL DKT. NO. EDU 01947-20
6
• 	Being the main person doing this and not under the
supervision of someone else.
The Board found that Ms. [Etienne's] experience in the above listed factors was piecemeal
and too often with the support of other people, and therefore did not grant her the credits
for advanced social casework.
Petitioner’s Case
Nyesa Etienne
Etienne testified that she initially focused her appeal on her extensive training in
substance abuse and awareness as the Board’s decision, in her opinion, focused only on the
lack of this content area within the advanced level social casework requirement. 	She
considers the Board’s subsequent November 2020 decision a change in the alleged
insufficiency. 	Etienne maintains that she assessed and worked with clients and children
independently rather than primarily supervised, diagnosed children, and worked with children
“long-term.”
In 2014, Etienne completed a 500-hour clinical internship at WCFS, working with
children, adults, and families. After receiving her professional diploma in marriage and family
therapy, Etienne held a part-time clinical position from December 2014 until May 2015. 	In
January 2019, Etienne returned as an LAMFT under supervision until she obtains her full
licensure. 	Etienne provides ongoing counseling for marital and family issues, emotion
management, mood disorders, parenting, anxiety, depression, grief, PTSD, and personality
disorders. Etienne is assigned a caseload with a variety of consumer populations. WCFS’s
executive director’s May 2019 letter, supplied with her application, explains Eitienne’s
responsibilities to include:
• 	Complete 	biopsychosocial 	intakes 	while 	utilizing 	therapeutic
interviewing skills
• 	Develop and implement individualized treatment plans with clients
• 	Utilize her expertise for DS and diagnosis and treatment services
• 	Direct weekly therapeutic sessions for assigned caseload
• 	Provide 	crisis 	intervention 	and 	advocacy 	services 	via 	providing
information and referrals

OAL DKT. NO. EDU 01947-20
7
• 	Outreach and coordination with other social service agencies
• 	Progress notes and other reports as needed
• 	Discharge planning
• 	Principals (sic) practiced include ethical concepts such as confidentiality
and disclosing requirements
From April 2016 until September 2017, Etienne worked as a prevention specialist
through BHC's Institute for Prevention and Recovery, running ongoing programs for Essex
County schools. 	She provided classroom and small group instruction using recognized
substance abuse prevention and family strengthening programs in this role. 	This involved
courses 	to 	students, 	small 	groups, 	parents, 	and 	school 	staff 	members 	focusing 	on
intervention and referral services in the school and community. 	The twenty-four session
program to students provided lessons on decision-making, empathy, emotion management,
problem-solving, assertiveness, and refusal skills. 	Etienne’s identified discussion topics
promoted school success, school correctness, and promoting a safe, respectful school
environment while addressing problem behaviors, peer rejection, impulsivity, anti-social
behavior, and low academic achievement. 	Etienne also ran a seven-week parent training
program to identify and address problematic youth behaviors and improve family functioning.
Etienne developed and ran these programs independently.
At the time of her application, she possessed a temporary mental health screener
certification following training at Rutgers University Behavioral Healthcare Center (Rutgers).
Her training through Rutgers involved education, a competency assessment in the field, and
an exam that she passed. 	Etienne became a fully licensed screener after passing the exam
in May 2019.
Etienne performs clinical assessment, patient interviews, diagnoses, counseling,
service delivery coordinating, and recommends appropriate disposition as a screener. The
New Jersey screening form requires documentation in multiple areas of concern, including
family, mental health and medical history, substance abuse, and education. 	In addition,
Etienne completes a CSSRS to address any suicidal behavior. As Etienne performs mental
health 	screening 	in 	a 	medical 	setting, 	medical 	professionals 	also 	perform 	medical
evaluations. Before receiving the full screener certification, she would complete all tasks but
could not sign off on the legal form to recommend admission or discharge of a patient. Yet,
she 	would 	perform 	all 	assessment 	responsibilities 	independently 	and 	make 	the

OAL DKT. NO. EDU 01947-20
8
recommendation. The order to admit or discharge a patient is a medical task that the
psychiatrist can only perform. Still, the psychiatrist does not revise or change the clinician
assessment or recommendation, even if they disagree with the recommended admission or
discharge. 	Further, the psychiatrist 	would not dictate interviewing methods or what
information to include in the assessment report.
Etienne also acts as the Essex County liaison for mobile crisis response to schools
and their students in this position. Etienne testified that she serves in that role three times a
week and physically goes to the school. COVID-19 made such in-person meetings less, but
still acts as the child specialist and is the person assigned to addressing school-based
referrals. 	Etienne testified that she performs this task at the request of the school social
worker, administrator, or guidance counselor that has identified a child in crisis. Etienne also
involves family members in the interview process and requires family consent to evaluate the
child. 	The school staff or family members would provide collateral information such as the
attendance record or mental health history. Legally, schools may require another person in
the room during her interview process, but they serve only as observers or provide collateral
information. Like the hospital setting, a psychiatrist would still need to order admission to the
hospital as this is a medical decision. 	Thus, Etienne would report her findings to the
psychiatrist to accomplish such an admission. Etienne acknowledges that in an emergency
setting, many of her patient interactions would be short-term.
Etienne believes the Board misunderstands supervision in the context of her positions
and suggests focusing on “supervision” is not appropriate in denying the endorsement. She
notes that an MSW may serve as a school social worker. Yet, Etienne asserts that the holder
of a master’s degree in Social Work (MSW) or licensed social worker (LSW) cannot provide
clinical therapeutic services without supervision. 	Etienne possesses a license as an
associate marriage and family therapist (LAMFT) similar to that of a licensed social worker
(LSW). 	Etienne still works under a supervisor when providing clinical therapy services, as
would an LSW.
Jackelin Alerte
Since 2015 Alerte has worked as a full-time school social worker and is a Licensed
Clinical Social Worker. Alerte is also a certified mental health screener since 2010 and works

OAL DKT. NO. EDU 01947-20
9
at Clara Maas as the supervisor of the psychiatric emergency room, where she worked with
Etienne since 2018. Alerte also performs outpatient counseling in addition to hospital-based
mental health screening.
Alerte explained what a school social worker does, and the credentials needed to
become a licensed social worker. In New Jersey, an LSW works under the supervision of an
LCSW. However, a school social worker is not required to be either an LSW or LCSW. 	Thus,
a school social worker may possess an MSW, and may even be an LSW, but both holders
would be under supervision of an LCSW. Alerte currently supervises a school social worker
that is not fully licensed. Regardless, a MSW cannot provide clinical social worker services
without an LSW or LCSW designation. 	Clinical social worker services include assessing,
diagnosing, 	treating, 	and 	preventing 	mental 	illness, 	emotional, 	and 	other 	behavioral
problems. 	Individual, group, and family therapy are common treatment modalities. 	Alerte
explained that introductory social casework is more theoretical, while advanced casework
involves practice with children and families and potential for substance use and abuse
specialization.
Through working with Etienne, Alerte observed many of the skills the Board asserts
Etienne lacks. Alerte’s supervisory role is not of the clinicians such as Etienne but of the unit
itself. 	Alerte testified that Etienne has extensive experience determining the appropriate
interview methods, speaking, interacting with children and their families, preparing case
studies, diagnosing issues, and developing counseling plans.
A screener would also contact a child’s school as part of their assessment. Although
the emergency room psychiatric unit sees both adults and children, Etienne handles most
child cases given her experience. 	While most cases are short-term, some patients have
ongoing issues, and the screening unit sees them regularly.
Moreover, while Alerte did not directly observe Etienne in her outpatient therapist role,
certain aspects of that position are routine. They would be part of any outpatient therapist’s
job, including long-term therapy services. 	Alerte also confirmed that Etienne’s duties
described by the WCFS director are like her outpatient therapist responsibilities. 	As an
LAMFT, Etienne’s coursework and experience are similar to that of Alerte. 	Further, family
involvement is critical in providing social work services in school.

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Alerte highlights that crisis intervention is a growing aspect of a school social worker’s
job. Alerte helped her school district hire school social workers and believes that Etienne’s
crisis response training and knowledge would be an asset to any school. Alerte believes that
Etienne far exceeds the requirements of a school social worker.
Respondent’s Case
Rani Singh
Singh currently serves as the Director of the Office of Certification and Induction
(OCI) and the Board Secretary. Previously, Singh was the chief OCI examiner beginning
in 2005.
Singh 	oversees 	the 	certification, 	induction, 	and 	mentoring 	of 	all 	educator
candidates. 	As the Board Secretary, she also manages the Board’s appeal and legal
section. As to the school social worker certificate, Singh highlighted that “applicants must
meet our regulations, our state regulations for certification for school social worker and all
other certificate areas.”
Singh was familiar with Etienne’s numerous applications and explained that a
social worker position is not the equivalent of a school social worker position. Moreover,
unlike the introductory social casework requirement, “the advanced level [casework]
requires more one-on-one interactions between the social worker and students in a
school-like setting in which the social case worker is the main person providing the
services [on their own] without the need of a supervisor.”
Singh explained that Etienne’s submitted work experience with children failed to
show a one-to-one correspondence to experience that completion of the three graduate-
level semester-hour credits in advanced-level social casework requires. 	Etienne’s work
experience in hospitals and counseling centers cannot be considered experience the
Board finds equivalent to the advanced social casework requirement because the
experience is “not in a school setting.” 	Singh testified that the Board regarded such
experience as essential “because a majority of the [school social worker’s] experience

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deals with [the] same children on a long term basis.” 	Indeed, school social workers
counsel children on typical issues arising in school. including “making case studies with
them, long term case studies . . . [ranging from] 	mental health stress, to going to high
school, college, drug, substance abuse, all of those issues that kids face in a [preschool
through grade twelve] setting.”
Singh 	acknowledges 	that 	she 	lacks 	knowledge 	about 	the 	day-to-day
responsibilities of a school social worker and has no background or experience in either
the mental health or social work fields.
ADDITIONAL FINDINGS OF FACT
Having had the opportunity to observe the witnesses’ testimony and demeanor,
together with the documentary evidence, and my assessment of their sufficiency, I FIND,
by the preponderance of credible evidence, the following additional FACTS:
Etienne provides long-term counseling services to children, adults, and families at
WCFS, under supervision because she is an LAMFT. Yet, an MSW employed as a school
social worker would also need such supervision. In this regard, Etienne’s LAMFT is more
akin to an LSW. Indeed, an MSW that applies for and obtains a LSW can provide clinical
social work services under supervision as Etienne provides clinical therapeutic services
to families with a LAMFT under supervision.
Moreover, 	Etienne’s 	out-patient 	therapist 	duties 	include 	interviewing 	and
diagnosing 	a 	diverse 	client 	population 	that 	includes 	children, 	developing, 	and
implementing a treatment plan, and preparation of notes and reports. 	Indeed, this job
entails a multitude of topics and issues outside of substance abuse, including family
difficulties and emotional problems.
Further, Etienne worked with Essex county to provide in-school instructional and
counseling sessions to students and small groups, parent training, and staff development.
While the twenty-four week program focused on substance abuse prevention, Etienne

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assessed students and covered many social and emotional skills attempting to create an
improved home and school environment.
Etienne worked independently in performing tasks as a mental health screener.
Specifically, 	Etienne 	completes 	a 	clinical 	assessment, 	interviews, 	and 	diagnoses
patients, provides counseling, and recommends appropriate disposition. 	While Etienne
makes the admission or discharge recommendation, she could not sign a form presented
to the psychiatrist for admission until receiving her full screener certification. Although a
physician makes a medical determination as to admission, her assessment remains, and
the psychiatrist is not involved in the way Etienne performs her assessment.
Moreover, 	Etienne 	acts 	as 	the 	mobile 	response 	liaison 	to 	schools 	for 	the
emergency room psychiatric unit at Clara Maas. 	This role places her in a school setting
with children in crisis and any involvement of school personnel does not detract from the
independence of the student evaluation she conducts.
In issuing a school social worker endorsement based on alternate experience, the
Board essentially certifies that the applicant completed the approved program of study by
gaining the core skills required by the regulation.
DISCUSSION AND CONCLUSIONS OF LAW
Here, Etienne “carries the burden of demonstrating by a preponderance of the
credible evidence that she is entitled to the endorsement she seeks.” McQuilken v. N.J.
St. Bd. of Exam’rs, OAL Dkt. No. EDU 8374-11, Initial Decision (Dec. 13, 2011), adopted
Comm’r (January 27, 2012). http://njlaw.rutgers.edu/collections/oal/search.html.
In evaluating determinations by the Board of Examiners, “the Commissioner . . .
shall not disturb the decision if the “decision is supported by sufficient credible evidence
in the record” unless the appellant has demonstrated that the Board . . . acted in a manner
that was arbitrary, capricious or contrary to law.” 	N.J.A.C. 6A:4-4.1 	The Department of

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Education intended the standard of review for Commissioner determinations under
Chapter Six to be “appellate in nature.” 40 N.J.R. 4606(a).2
The arbitrary, capricious, or unreasonable standard consists of three inquiries:
(1) whether the agency action violates the enabling act's express or
implied legislative policies; (2) whether there is substantial evidence
in the record to support the findings upon which the agency based
application of legislative policies; and (3) whether, in applying the
legislative policies to the facts, the agency clearly erred by reaching
a conclusion that could not reasonably have been made upon a
showing of the relevant factors.
[Public Serv. Elec. and Gas Co. v. New Jersey Dep’t. of Envtl.
Protect., 101 N.J. 95, 103 (1985).]
However, where there is room for two opinions the action is not arbitrary or
capricious when exercised honestly and upon due consideration even though court may
believe that an erroneous conclusion has been reached.” Bayshore Sewerage Co. v.
Department of Environmental Protection, 122 N.J. Super. 184, 199 (App. Div. 1973)
(Internal citations omitted). 	Significantly, a “court should not substitute its judgment for
that of an administrative or legislative body if there is substantial evidence to support the
ruling.” Ibid.
All teaching staff members in the state’s public schools must hold a valid certificate
before serving in any role in which they "teach, administer, direct or supervise the
teaching, instruction, or educational guidance" of students. N.J.S.A. 18A:26-2. Under
N.J.S.A. 18A:6-38 and N.J.S.A. 18A:26-2.7, the Board promulgated regulations for the
required certification of persons employed in a public school district. 	Under those
regulations, the Board issues three categories of educational certificates: instructional,
administrative, and educational services. 	N.J.A.C. 6A:9-5.2(a). 	Endorsements for an
educational services certificate include staff members such as a school psychologist or a
school social worker. See N.J.A.C. 6A:9B-14.5, -14.9. 	These endorsements “coincide
with the educational subjects or positions that share common attributes and thus are
grouped under a particular certificate.” Dennery v. Bd. of Educ., 131 N.J. 626, 633 (1993).
2 In 2016, the Department of Education re-adopted the standard of review and amended N.J.A.C. 6A:4-
4.1 to include the same standard of review for decisions by the School Ethics Commission. 48 N.J.R.
2782(a).

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Accordingly, a person can work in the particular field based upon the endorsement(s)
enumerated on the certificate.
Under N.J.A.C. 6A:9B-14.5(a), the school social worker endorsement allows the
holder to act a school social worker within New Jersey in preschool through grade twelve.
N.J.A.C. 6A:9B-14.5(c) advises that persons holding “a master's degree in social work
from a regionally accredited college or university will be issued a standard educational
services certificate with a school social worker endorsement.” 	Notably, experience in a
“school setting” is not required of an MSW before issuing a school social worker
endorsement.
This significantly contrasts with other school staff member endorsements. 	For
example, the Board will issue a school psychologist certificate to holders of a currently
valid Nationally Certified School Psychologist3 (NCSP) license under N.J.A.C. 6A:9B-
14.9(e). Even alternate route master’s degree applicants, must complete an externship
of 1,200 hours, consisting of a “minimum of 600 clock hours 	. . . completed in a school
setting with school-age children.” 	N.J.A.C. 6A:9B-14.9(b)3. 	Moreover, the Board can
issue a school psychologist certificate to the holder of a master’s degree in clinical
psychology [who] “presents official documentation of 600 clock hours of experience as a
psychologist working with children in a clinical setting [and meets] the school psychology
externship 	and 	practicum 	requirements 	by 	completing 	a 	900-clock-hour 	school
psychology externship in a New Jersey school, with school-age children, under [an]
emergency certificate.” N.J.A.C. 6A:9B-14.9(b)4.
Relevant to Etienne’s application, N.J.A.C. 6A:9B-14.5(b) provides that other
master’s degree holders like Etienne can obtain the school social worker endorsement
after completion of thirty graduate-level semester-hour credits with study in the following
areas:
1. Psychology, 	including 	general 	psychology, 	educational
psychology, psychology of adolescence, and child growth and
development;
3 Requiring successful completion of a 1,200-hour internship in school psychology, of which at least 600
hours must be in a school setting.

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2. Special education and/or learning disabilities;
3. Social 	problems, 	including 	study 	in 	dealing 	with
delinquency, poverty, interracial, and intercultural problems;
4. A minimum of six semester-hour credits in introductory and
advanced social casework, including principles and practices
in social casework, interviewing, and methods and skills in
diagnosis;
5. Mental hygiene and social psychiatry, including dynamics
of human behavior and psychopathology;
6. Medical information, including the role of the social worker
in health problems or fundamentals of substance abuse and
dependency;
7. Community organizations, agencies, and resources; and
8. Social policy and public welfare services, including the care
and protection of at-risk children and families.
[Ibid.]
The Board determined that Etienne only lacks three semester hours of advanced
social casework. Under N.J.A.C. 6A:9B-4.12(b), if an applicant is deficient on certification
requirements, they may present “evidence of alternative education and/or experience that
he or she believes is equivalent to the area(s) of deficiency.” However, the Board cannot
waive or permit substitute experience for any test, GPA, degree completion, or approved
educator preparation program completion requirement. 	N.J.A.C. 6A:9B-4.12 (c).
While the Board cannot waive the requirements, it can consider alternative
education or experience if Etienne demonstrates, by a preponderance of the credible
evidence, that the alternative education or experience is the one-to-one equivalent with
the statutory requirements. Hutchinson v. New Jersey State Board of Examiners,
EDU16373-12, Initial Decision (April 5, 2013), aff’d, Commissioner (May 15, 2013).
The Board of Social Worker Examiners addresses licensing and defines tasks
permitted under social work certifications and licenses. "Clinical social work" means the
professional application of social work methods and values in the assessment and
psychotherapeutic counseling of individuals, families, or psychotherapy groups. N.J.A.C.
13:44G-1.2. 	Clinical assessment considers accepted diagnostic classifications. Id.
Psychotherapeutic counseling is “an ongoing interaction between a social worker and an
individual, family, or psychotherapy group for the purpose of helping to resolve symptoms

OAL DKT. NO. EDU 01947-20
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of mental disorder, psychosocial stress, relationship problems, or difficulties in coping with
the social environment.” Id. "Clinical social work services" can be performed only by an
LCSW or an LSW under supervision [of an LCSW] under N.J.A.C. 13:44G-8. Id.
(Emphasis added). In other words, without being an LCSW, an MSW cannot provide
clinical social work services unless supervised.
The Board’s November 5, 2020, decision requires experience within a school
setting. Yet, unlike other endorsements, the regulation does not require experience in a
school setting for the endorsement. Indeed, an MSW may have a degree and fieldwork
but not necessarily within a school setting and can still qualify for the endorsement. Still,
I found that Etienne has school setting experience as the mobile crisis school liaison in
her mental screener position and as a prevention specialist completing a program with
students and families addressing school-related, inter-personal, and substance abuse
issues.
Further, Etienne’s clinical work as a LAMFT involves long-term services to children,
and she employs the skills expected by the Board. 	Specifically, I found that Etienne
interviews, diagnoses, counsels, develops a case study or treatment plan, and prepares
progress notes and reports.
Moreover, a MSW would require supervision to provide any clinical social work
services. 	The one-to-one equivalence is directed to the three semester hours of
advanced social work. 	A graduate student in an MSW program is just that; a student
performing “advanced social casework” in a supervised educational program obtaining a
grade or satisfactory completion. The Board is not required to issue a school social work
endorsement only to a LCSW authorized to provide clinical social work services without
supervision.
Therefore, 	I 	CONCLUDE 	that 	the 	Board’s 	imposition 	of 	school 	setting
prerequisites, even if preferred, is not within the regulation and beyond the regulation’s
requirements. 	I similarly CONCLUDE that the Board’s insistence that Etienne have
unsupervised job experience to have one-to-one equivalence to a supervised educational
program exceeds the regulation’s requirements. 	Moreover, given my findings of fact and

OAL DKT. NO. EDU 01947-20
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this discussion, I CONCLUDE that a preponderance of the evidence exists that Etienne
achieved one-to-one equivalence to the three semester hours of advanced social
casework through her previous work experiences. Thus, I CONCLUDE that the Board’s
decision is insufficiently supported, and Etienne is entitled to the educational services
certificate and endorsement as a school social worker.
ORDER
Given my findings of fact and conclusions of law, I ORDER that the Board of
Examiner’s 	denial 	be and 	is 	hereby REVERSED, 	and 	that 	Etienne 	be 	given 	an
educational certification with a school social worker endorsement.
This order may be reviewed by the COMMISSIONER OF THE DEPARTMENT OF
EDUCATION upon interlocutory review under N.J.A.C. 1:1-14.10 or at the end of the
contested case under N.J.A.C. 1:1-18.6.
DATE 	NANCI G. STOKES, ALJ
Date Received at Agency: 	September 7, 2021
Date Mailed to Parties: 	September 7, 2021
Lb

OAL DKT. NO. EDU 01947-20
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APPENDIX
Witnesses
For Petitioner:
Neysa Etienne
Jackelin Alerte
For Respondent:
Rani Singh
Exhibits
Joint:
J-1 	State Board of Examiner’s decision dated September 24, 2019
For Petitioner:
P-1 	(J-1)
P-2 	Petition of Appeal
P-3 	Board Counsel’s email
P-4 	Petitioner’s resume
P-5 	RWJ Clara 	Maas Psychiatric 	Emergent Unit 	employer 	letter and 	job
description
P-6 	New Jersey Mental Health Screener Certification
P-7 	Clara Maas assessment form and safety plan (see also R4)
P-8 	Wayne Counseling and Family Services employer letter and job description
P-9 	Wayne Counseling and Family Services progress note forms

OAL DKT. NO. EDU 01947-20
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P-10 	RWJ, Barnabas Behavioral Health, Institute for Prevention employer letter
and job description
P-11 	School Social Worker endorsement 3200
P-12 	not in evidence
P-13 	Associate License in Marriage and Family Therapy
P-14 	Jackelin Santiaga Alerte’s letter of support
For Respondent
R-1 	Certification Application dated September 9, 2014
R-2 	Department 	of 	Education, 	Office 	of 	Licensing 	and 	Credentials’ 	letter
regarding Board’s denial decision dated November 5, 2015
R-3 	Department of Education, Office of Licensing and Credentials’ letter dated
February 25, 2016
R-4 	Petitioner’s documents in support of application review dated May 11, 2019
R-5 	(J-1)
R-6 	Petitioner’s letter and supplemental documentation
R-7 	State Board of Examiner’s decision dated November 5, 2020
R-8 	Petitioner’s letter dated November 20, 2020, enclosing her Mental Health
Screener Certification