LINDA J. AVELLINO V. NEW JERSEY STATE BOARD OF EXAMINERS, 10/2/00 (332-00)

332-00
LINDA J. AVELLINO, 	:
PETITIONER , 	:
: 	COMMISSIONER OF EDUCATION
V.
: 	DECISION
NEW JERSEY STATE BOARD
OF EXAMINERS, 	:
RESPONDENT. 	:
SYNOPSIS
Petitioner, who sought certification through the Alternate Route Program, challenged the
determination of the New Jersey State Board of Examiners denying her application for a standard
instructional 	certificate 	with 	teacher 	of 	elementary 	school 	and 	teacher 	of 	psychology
endorsements, and the denial of her application for an educational services certificate with
student personnel services and substance awareness endorsements. 	Petitioner appealed to the
State Board of Education, which remanded the case to the Commissioner to decide in the first
instance.
The Commissioner transmitted the case to the OAL for hearing, where petitioner withdrew her
challenge to the denial of an endorsement to the educational services certificate as a substance
awareness coordinator. The ALJ concluded that petitioner’s participation in an after-school
program in the Spotswood School District did not satisfy the intensive teacher training
experience required by Department of Education regulations for certification through the
Alternate Route Program. 	The ALJ determined, inter alia, that the after-school program did not
require that she be responsible for provision of instruction in a board-approved curriculum, did
not require that her ability to instruct students be assessed, was not a full-time position, included
no intensive supervision of petitioner, and that there was no "team" in place to mentor, instruct
and evaluate petitioner. 	As such, the ALJ concluded that petitioner failed to sustain her burden
of proof that she was entitled to the certificates/endorsements which she sought and the State
Board of Examiners’ determination must be upheld.
The Commissioner affirmed the decision of the ALJ for the reasons stated therein. Petition was
dismissed.
October 2, 2000

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OAL DKT. NO. EDU 4974-99
AGENCY DKT. NO. 106-5/99
LINDA J. AVELLINO, 	:
PETITIONER , 	:
: 	COMMISSIONER OF EDUCATION
V.
: 	DECISION
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. 	Petitioner’s exceptions and the State Board of Examiners’
reply thereto were timely filed in accordance with the provisions of N.J.A.C. 1:1-18.4 and
considered by the Commissioner in reaching his determination herein.1
Upon a thorough and independent review of the record in this matter, 2 the
Commissioner concurs with, and adopts as his own, the findings and conclusions of the
Administrative Law Judge for the reasons well-stated in her Initial Decision.
1 Petitioner’s exceptions essentially recast and reiterate her arguments advanced before the Administrative Law
Judge below. As it is determined that the Initial Decision fully addressed all of the relevant proffered arguments,
further explication herein is unnecessary.
2 It is noted that the record includes a transcript of only one of the hearing days, February 29, 2000.

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Accordingly, the recommended decision of the OAL is affirmed and the instant
Petition of Appeal is hereby dismissed.
IT IS SO ORDERED. 3
COMMISSIONER OF EDUCATION
Date of Decision: October 2, 2000
Date of Mailing: 	October 3, 2000
3 This decision, as the Commissioner’s final determination, may be appealed to the State Board of Education
pursuant to N.J.S.A. 18A:6-27 et seq. and N.J.A.C. 6A:4-1.1 et seq., within 30 days of its filing. Commissioner
decisions are deemed filed three days after the date of mailing to the parties.