Scott Lloyd v. New Jersey Department of Education, State Board of Examiners, 7/9/21, (#140-21)

140-21
New Jersey Commissioner of Education
Final Decision
Scott Lloyd,
Petitioner,
v.
New Jersey State Board of Examiners,
Respondent.
Synopsis
Pro se petitioner challenged the decision of the State Board of Examiners (SBE) that he had not met the
requirements for issuance of a Teacher of Physical Education Certificate of Eligibility (CE). The SBE
contended that petitioner lacked the requisite cumulative grade point average (GPA) and the required
courses in physical education in the area of individual, dual or team sports. The matter was heard via Zoom
on May 14, 2021.
The ALJ found, inter alia, that: applicants for a certificate to teach Health and Physical Education must
meet the requirements set forth in N.J.A.C. 6A:9B-10.3(b); pursuant to the plain language of the regulations,
an applicant must have a cumulative GPA of 2.75 and have completed courses or experiences in certain
prescribed areas; petitioner herein only earned a 2.15 cumulative GPA; additionally, after reconsideration of
the experience of petitioner by the SBE, he was still deficient eight credit hours in the area of individual, dual
and team sports; petitioner does not dispute these facts, nor did he offer any additional experience which could
be substituted; petitioner’s argument that the GPA requirement is unfair is without merit. The ALJ concluded
that petitioner has not demonstrated that he met the requirements of the regulations, nor that there was anything
improper about the board’s decision to deny his application; accordingly, the ALJ upheld the SBE’s
determination and dismissed the petition.
The Commissioner concurred with the findings and conclusion of the ALJ in this matter.
Accordingly, the Initial Decision of the OAL was adopted as the final decision, 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 15388-19
Agency Dkt. No. 219-8/19
New Jersey Commissioner of Education
Final Decision
Scott Lloyd,
Petitioner,
v.
New Jersey Department of Education,
State Board of Examiners,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative
Law (OAL) have been reviewed. The parties did not file exceptions.
Upon such review, the Commissioner agrees with the Administrative Law Judge
(ALJ) that the New Jersey State Board of Examiners did not act in an arbitrary, capricious, or
unreasonable manner when it denied petitioner’s application for a Teacher of Physical Education
Certificate of Eligibility (CE). The Commissioner further concurs with the ALJ that petitioner
did not meet the requirements for a CE because he failed to earn the 2.75 grade point average
required by N.J.A.C. 6A:9B-8.3(b)(1), and he was eight credits short in the subject of individual,
dual, and team sports, as set forth under N.J.A.C. 6A:9B-10.3.
140-21

2
Accordingly, the Initial Decision of the OAL is adopted as the final decision in
this matter for the reasons expressed therein, and the petition is hereby dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A.
18A:6-9.1. Under N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within
45 days from the date of mailing of this decision.
July 9, 2021
July 9, 2021

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
SCOTT LLOYD, 	OAL DKT. NO. EDU 15388-19
Petitioner, 	AGENCY DKT. NO. 219-8/19
v.
NEW JERSEY DEPARTMENT OF
EDUCATION, STATE BOARD OF EXAMINERS,
Respondent.
Scott Lloyd, petitioner pro se
Michal Czarnecki, Deputy Attorney General, for respondent (Gurbir S. Grewel, Attorney
General of New Jersey, attorney)
Record Closed: May 14, 2021 	Decided: June 1, 2021
BEFORE SARAH G. CROWLEY, ALJ:
STATEMENT OF THE CASE
Petitioner Scott Lloyd (petitioner), challenges the denial of his application for a Teacher of
Physical Education Certificate of Eligibility by the State Board of Examiners (the Examiners). The
Examiners reply that Lloyd failed to meet the regulatory requirements for issuance of this
certificate set forth in N.J.A.C. 6A:9B-8.3 and N.JA.C. 6A:8B-10.3(a)(1). The reasons for the
denial were that he lacked the requisite cumulative grade point average (GPA) requirements in
the regulations and was lacking the required courses in physical education in the area of
individual, dual or team sports. The Board substituted some of his experience for six credits
hours, but he was still deficient eight credit hours in this area.

OAL DKT. NO. EDU 15588-19
2
PROCEDURAL HISTORY
Petitioner filed a petition of appeal with the Commissioner of Education (the Commissioner)
on August 14, 2019. A Motion to Dismiss, in lieu of an Answer, was filed by the Examiners, and
the contested case was transmitted to the Office of Administrative Law (OAL) on October 6, 2019.
The motion was converted to a summary decision motion, which was denied. After discovery was
conducted, the matter was heard via zoom on May 14, 2021, and the record closed on May 16,
2021 after a post hearing submission by the petitioner.
FACTUAL DISCUSSION AND FINDINGS
Scott Lloyd represented himself in the proceeding. 	He testified that he thought the
cumulative grade point average requirements in the regulations were unfair. Many of his classes
towards his degree in Chiropractic care were taken on a pass fair and he did not have a choice
in that. Petitioner conceded that he did not have the requisite 2.75 cumulative GPA required
under N.J.A.C. 6A:9B-8.3(b)(1). 	Lloyd’s cumulative GPA is 2.15. Petitioner did not argue that
his pass-fail courses were entitled to some grade point average above the 2.15. He did not argue
that any particular alternative experience should have been credited with more than the six hours
that were provided in the area of required coursework.
Rani Singh works for the Office of Credential and Induction with the State Board of
Examiners. She testified that she reviewed the application of the petitioner for a Certificate of
Eligibility to teach Health and Physical Education. 	She discussed the requirements of the
certificate that are set forth in N.JA.C. 6A:9B-10.3. Petitioner was deficient in credits in certain
subject matter areas in addition to not having the requisite GPA. Fourteen semester hours are
required in individual, dual or team sports. 	After reviewing petitioner’s transcripts and work
experience, the Board did give him an additional six hours for his work as a surfing instructor and
a strength and conditioning coach towards the requirements in Individual, Dual or Team Sports.
However, he was still short eight credit hours in this area.
Ms. Singh set forth the requirements in N.J.A.C. 6A: 9B-8.39(b)(1). She testified that a
candidate who graduated before September 1, 2016 shall have a cumulative GPA of at least

OAL DKT. NO. EDU 15588-19
3
2.75 in a baccalaureate degree program. The petitioner graduated a 1996 from an accredited
college but only earned a cumulative GPA of only 2.15. 	She also discussed the other
requirements and testified that the regulations do not permit any substitution of professional
background or relaxing or waving the GPA requirements. 	Accordingly, the application was
denied for the failure to meet the GPA requirements as well as being six credits short in the area
of individual, dual or team sports.
The above facts are not in dispute and are FOUND as FACT.
LEGAL ANALYSIS AND CONCLUSIONS
An applicant for a certificate to teach Health and Physical Education must meet the
requirements set for in N.J.A.C. 6A;9B-10.3(b). Pursuant to the plain language of these regulations
an applicant must have a cumulative GPA of 2.75 and have received course or experiences in
certain areas. The petitioner had only a 2.15 cumulative GPA. In addition, after reconsideration of
the experience of petitioner he was still deficient eight credit hours in the area of individual, dual
and team sports. The petitioner does not dispute these facts. He does not offer any additional
experience which he submits should be substituted. He argues that the GPA requirements are
unfair. The petitioner has not demonstrated that he met the requirements of the regulations, or that
there was anything improper about the board’s decision.
The decision by the Board in this matter was consistent with the applicable statutory and
regulatory provisions. The petitioner has the burden of demonstrating by a preponderance of
the credible evidence that he is entitled to the certification he seeks. 	Farrar v. State Bd. of
Exam’rs, EDU 13763-08, Initial Decision (April 27, 2010), aff’d, Comm’r (July 26, 2010),
<http://njlaw.rutgers.edu/collections/oal/>. Moreover, an administrative agency’s interpretation
of its own regulations is entitled to substantial weight. Allen v. PFRS, 233 N.J. Super. 197, 207
(App. Div. 1989). The petitioner failed to meet this burden.
I, therefore, CONCLUDE that the Examiners’ decision was consistent with applicable
law and thus, must be upheld.

OAL DKT. NO. EDU 15588-19
4
ORDER
Based on the foregoing, it is hereby ORDERED that the Board of Examiners’ Denial of
the Certificates in AFFIRMED and the petition of appeal is DISMISSED.
I hereby FILE this initial decision with the COMMISSIONER OF THE DEPARTMENT OF
EDUCATION for consideration.
This 	recommended 	decision 	may 	be 	adopted, 	modified 	or 	rejected 	by 	the
COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is authorized to make
a final decision in this matter. If the Commissioner of the Department of Education does not adopt,
modify or reject this decision within forty-five days and unless such time limit is otherwise extended,
this recommended decision shall become a final decision in accordance with N.J.S.A. 52:14B-10.
Within thirteen days from the date on which this recommended decision was mailed to the
parties, any party may file written exceptions with the COMMISSIONER OF THE DEPARTMENT
OF EDUCATION, ATTN: BUREAU OF CONTROVERSIES AND DISPUTES, 100 Riverview
Plaza, 4th Floor, PO Box 500, Trenton, New Jersey 08625-0500, marked “Attention:
Exceptions.” A copy of any exceptions must be sent to the judge and to the other parties.
June 1, 2021
DATE 	SARAH G. CROWLEY, ALJ
Date Received at Agency:
Date Mailed to Parties:
SGC/nd

OAL DKT. NO. EDU 15588-19
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APPENDIX
WITNESSES
For Petitioner:
Scott Lloyd
For Respondent:
Rani Singh
EXHIBITS
For Petitioner:
P-1 	Letter from the petitioner
For Respondent:
R-1 	Letter from the Board to the petitioner, dated July 1, 2019
R-2 	Letter from the Board to the petitioner, dated May 3, 2019
R-3 	College Transcript of petitioner, University of Western States
R-4 	College Transcript of petitioner, University of Western States
R-5 	College Transcript, Ocean County Community College
R-6 	Credential Review Summary
R-7 	Evaluation of Credentials
R-8 	Letter to petitioner from the Board, dated March 5, 2019
R-9 	Letter from petitioner to the Board, dated April 8, 2019
R-10 	Letter to petitioner from the Board, dated February 20, 2019
R-11 	Recommendation letter from Samantha Hendrickson, Excelsior College
March 12, 2019
R-12 	Letter to Board from petitioner, dated January 23, 2019