Stephen Spotts v. New Jersey Department of Education, State Board of Examiners, 01/05/2021 (#1-22)

1-22
New Jersey Commissioner of Education
Final Decision
Stephen Spotts,
Petitioner,
v.
New Jersey State Board of Examiners,
Respondent.
Synopsis
Petitioner appealed the New Jersey State Board of Examiner’s (Board) denial of his application for a
Teacher of Marketing Certificate of Eligibility (CE). The Board filed a motion to dismiss, asking that it
be converted to a motion for summary decision at the Office of Administrative Law (OAL); the motion
for summary decision was subsequently denied, and a hearing in the matter was held at OAL in
December of 2020.
The ALJ found, inter alia, that: petitioner attended Lebanon Valley College in Pennsylvania from
August 2006 through May 2010, and completed all program requirements for a bachelor of science
degree with a major in Digital Communications and concentration in Design; petitioner also attended
County College of Morris in New Jersey from February 2019 through April 2019, and completed
New Pathways to Teaching in New Jersey—Stage 1; although petitioner took and passed the
Marketing PRAXIS exam, a credential review conducted by the Board reflected that petitioner is short
24 semester hour credits in required Business courses, 9 of which must be at the advanced level and
12 of which must be in Marketing coursework; and the Board may not waive established requirements
for certification. The ALJ concluded that petitioner failed to demonstrate that he fulfilled the
endorsement requirements necessary for a Teacher of Marketing CE pursuant to N.J.A.C. 6A:9B-9.1.
Accordingly, summary decision was granted in favor of the Board, and the petition was dismissed.
The Commissioner concurred with the findings and determination of the ALJ in this matter.
Accordingly, summary decision was granted in favor of the Board 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 04807-20
Agency Dkt. No. 73-3/20
New Jersey Commissioner of Education
Final Decision
Stephen Spotts,
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) – for the reasons thoroughly expressed in the Initial Decision – that
petitioner has not met the requirements necessary for a Teacher of Marketing Certificate of Eligibility
pursuant to N.J.A.C. 6A:9B-9.1.1 Accordingly, the Initial Decision of the OAL is adopted as the final
decision in this matter, and the petition is hereby dismissed.
IT IS SO ORDERED.2
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
1 While the ALJ utilized an arbitrary, capricious, and unreasonable standard of review, the Commissioner notes that
when there is a challenge to a finding by the Board of Examiners denying a request for the issuance of a certificate,
the Commissioner is not legally mandated to give deference to her staff, but instead determines if the finding was
legally appropriate. Therefore, the appropriate standard of review in this matter is whether the decision is
consistent with the applicable statutory and regulatory provisions.
2 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.
1-22
January 5, 2022
January 5, 2022

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 04807-20
AGENCY DKT. NO. 73-3/20
STEPHEN SPOTTS,
Petitioner,
v.
STATE BOARD OF EXAMINERS,
Respondent.
_____________________________________
Stephen Spotts, pro se, petitioner
Sydney Finkelstein, Deputy Attorney General, for respondent (Andrew J. Bruck,
Acting Attorney General of New Jersey, attorney)
Record Closed: October 12, 2021 Decided: November 26, 2021
BEFORE KELLY J. KIRK, ALJ:
STATEMENT OF THE CASE
Petitioner Stephen Spotts challenges the State Board of Examiners’ decision
denying his application for a Teacher of Marketing Certificate of Eligibility.

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PROCEDURAL HISTORY
By letter dated December 16, 2019, the State Board of Examiners (Board)
advised petitioner that at its meeting on December 13, 2019, the Board voted to deny
his request for issuance of a Teacher of Marketing Certificate of Eligibility (CE) pursuant
to N.J.A.C. 6A:9B-9.1.1 Petitioner filed a Pro Se Petition of Appeal on March 11, 2020.
Respondent filed a motion to dismiss, consisting of a letter brief, on April 3, 2020. The
Department of Education, Office of Controversies and Disputes, transmitted the matter
to the Office of Administrative Law (OAL), where it was filed on April 7, 2020, for
determination as a contested case.
Respondent’s April 3, 2020, letter brief requested that if the matter were
transmitted to the OAL, the motion to dismiss be converted to a motion for summary
decision. Respondent’s June 30, 2020, letter requested that the April 3, 2020, motion to
dismiss be converted to a motion for summary decision. Petitioner’s opposition to the
motion for summary decision was filed on July 27, 2020, and respondent’s letter reply
was filed on August 6, 2020. By order dated August 27, 2020, the motion for summary
decision was denied. The hearing was held on December 11, 2020, and the record
closed on October 13, 2021, upon receipt of the parties’ post-hearing submissions.
FACTUAL DISCUSSION AND FINDINGS
Spotts attended Lebanon Valley College in Pennsylvania from August 2006
through May 2010. He completed all the program requirements of a bachelor of science
degree with a major in Digital Communications and concentration in Design. (J-2.)
Spotts also attended County College of Morris in New Jersey from February
2019 through April 2019. He completed New Pathways to Teaching in New Jersey—
Stage 1 (fifty hours). (J-5.)
1 The Board Decision reflects the correct citation, but the Board’s letter reflects “69B-9.1.”

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On March 23, 2019, Spotts took and passed the “5561—Marketing Education”
exam. (P-L.)
Spotts’ Official Academic Transcript from Lebanon Valley College reflects
courses with the following prefixes: AMS, ART, BIO, CSC, DCOM (Digital
Communications), ENG, HIS, MAS, MED, MSC, PHL, PSY, REL, SOC, and SPA. (J-1.)
Lebanon Valley College does not offer an undergraduate degree in marketing. (J-2.)
The Digital Communications Program is described by Lebanon Valley College as
follows:
The Digital Communications Program explores the
fundamental elements of communication, business, design
and technology. The program fosters critical reasoning and
learning so graduates have the ability to evolve as quickly as
current technology.
The program is interdisciplinary and combines classes from
the art, business, English, and computer science
departments into one degree. After graduating with a B.S. in
digital communications, the student is prepared to enter a
wide range of technology-related positions in marketing,
public relations, information technology, journalism, graphic
design, internet development, multimedia, and programming.
The creation of content, both written and visual, remains at
the heart of this subject. Students will study art, writing and
marketing in the context of content creation for the New
Media. Students will learn the theory behind the design of
effective presentations and will employ existing multimedia
technologies to create them. The techniques with which
content is created, processed and delivered are found in the
study of programming and computer science. Students in
the program will choose a discipline related to the program
and complete advanced coursework to form a cognate in
that area. Students will also investigate and carefully
consider the social, ethical, and legal ramifications of the
information technology revolution.
The program, designed to be interdisciplinary and
integrative, emphasizes critical thinking, creativity and
analysis, rather than specific applications and technologies.
The General Education Program at the College, together

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with the courses in the students’ cognate areas, will expose
the students to the fundamental questions of how
information is created, processed, understood, and
communicated to these disciplines.
[J-2.]
In 2019, Spotts applied for certification through the Teacher Certification
Information System (TCIS) for a Teacher of Marketing (2560) CE.
A May 15, 2019, “Evaluation of Credentials—Marketing (#2560)” letter from the
Board reflects that an evaluation was completed for the Marketing CE, but that with
respect to subject-matter preparation, Spotts needed to “complete an additional 24
semester-hour credits in Business studies with 9 of those credits at the advanced level,”
which “credits must include 12 semester hour credits in Marketing coursework,” and
with respect to the physiology-and-hygiene requirement, Spotts needs to present
evidence of basic military training or complete “a course such as biology, health or
nutrition that appears on a regionally accredited 2 or 4 year college or university
transcript,” or complete “a 35 question True/False test administered in the county office
of education.” (J-7.)
A June 11, 2019, letter from the State Board of Examiners to Spotts provided
information on the process and procedures in appealing to the Board. (J-3.) A June 17,
2019, letter from the Board to Spotts enclosed the procedures for Board review of
alternative education and/or experience to complete requirements for certification, and
stated, in part:
Please be advised that the State Board of Examiners does
not waive requirements. It determines if the experience
and/or study presented is equivalent to the required
coursework. Your information packet should focus on each
area of deficiency.
Official documentation of experience should include not only
original letters by appropriate employers and/or 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

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material you submit for review must include the completed
summary sheet and a 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 equivalence of your
experience/coursework to the licensure deficiency.
[J-4.]
Included with the June 17, 2019, letter was a “SAMPLE” credentials-review
summary and a two-page information document addressing substitution of alternative
education and/or experience, requesting an individual credentials review for
certification, preparation of documentation, and procedure after materials have been
submitted. (P-M.) The two-page information document states, inter alia, that the Board
“cannot waive any requirement and that it is your responsibility to submit documentation
of experience which you believe is equivalent to licensure requirement(s) which you
have not completed,” and with respect to “Preparation of Documentation” states:
A. If you are presenting job experience as an alternative
to required college study or other licensure requirements,
your documentation should include, but is not limited to,
items such as the following:
1. Verification by your administrator/supervisor on
official letterhead substantiating the dates of
employment, description of job functions and other
information relevant to establishing equivalency.
Documentation must be official, original and signed.
Testimonials and recommendation may be included,
but the aforementioned information is most relevant.
2. Official job description(s) from employing
agency.
3. Any evidence of work produced which
demonstrates your knowledge of the content covered
in required courses or shows that your experience is
equivalent to other licensure requirements.
4. Job performance rating and/or evaluations
demonstrating satisfactory performance.

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6
5. Transcripts only if not previously submitted and
on file with the Office of Licensure and Credentials.
6. Do not include original certificates or licenses.
7. Do not include copies of certificates related to
participation in professional development workshops
and activities. You may list them as part of your
narrative. . . .
Additionally, the instructions state, “Include a narrative statement in your packet
which gives more detail about the alternative education/experiences being submitted
and the one-to-one correspondence you believe the alternative education/experience
has to the deficiencies.” (P-M.)
The June 17, 2019, Credentials Review Summary reflects the “Certificate
Deficiencies” as follows:
Complete the following:
• Additional 24 semester-hour credits in Business
Studies with at least 9 semester-hour credits at
advanced level. At least 12 of the required 24 credits
must be in Marketing.
• Physiology and Hygiene Test.
[J-4.]
Spotts submitted a Credentials Review Pack to the Board on or about August 4,
2019. Spotts completed the “Alternate Education/Experience” section of the Credentials
Review Summary as follows:
Education Experience
• 2016–Present Assistant Marching Band Director,
Morris Hills High School
• 2013–2016 Drumline/Visual Instructor, Morris Hills
High School

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7
• 2006–2012 Indoor & Outdoor Snare Tech/Indoor
Visual Coordinator, Central Dauphin High School
• 2008–2011 Head Drumline Instructor, Bishop
McDevitt High School
Spotts completed the “Experience” section of the Credentials Review Summary
as follows:
Corporate Marketing Experience
• 20192–Present Service Coordinator/Project Manager,
Firefighter One
• 2015–20193 Marketing Coordinator, Firefighter One
• 2012–20154 Graphic Designer/Social Media Marketer,
Custom Sign Source
• 2012–20125 Graphic Designer, Sign-A-Rama
• 2010–20126 Marketing and Sales Consultant/Graphic
Designer, Colortech Inc./The Blue Cardinal Group Inc.
Additional Experience
• 2014–Present Volunteer Firefighter Roxbury Fire
Company #3 (Roxbury Twp., NJ)
o Assistant Engineer 2016
o Engineer 2017
o Lieutenant 2018, 2019
• 2006–2012 Volunteer Firefighter, Friendship Fire
Company (S. Lebanon Twp., PA)
2 His resume reflects May 2019.
3 His resume reflects July 2015–May 2019.
4 His resume reflects December 2012–July 2015 and “Graphic Designer” but not “Social Media
Marketer.”
5 His resume reflects February 2012–December 2012.
6 His resume reflects November 2010–February 2012.

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Spotts completed the “Sources” section of the Credentials Review Summary,
noting the source of the documents in the Evidence List, as follows:
• Petitioner
• Petitioner
• Supervisor, Firefighter One (Do Not Contact)
• Mr. Richard Hartsuiker, Director of Bands Morris Hills High
School
• Mr. Matthew Ceresini, Teacher Hempfield High School
(Formally Central Dauphin High School)
• Mr. Stephen Gugoff, Assistant Director, Central Dauphin
High School Marching Band; Director, Central Dauphin
School District Indoor Percussion Ensembles
[J-5.]
Spotts’ narrative statement included course descriptions,7 as well as his own
italicized indication next to each of whether the course satisfied business or market
credits (“business,” “marketing,” “business [plus] advanced level of study,” or “marketing
[plus] advanced level of study”) as follows:
DCOM 1308: Introduction to Digital Communications
(Business)
A broad survey of the curriculum making up the Digital
Communications major. This includes the authoring of
content (text, visual, aural); designing presentations for that
content; understanding the processes, components, and
distribution of information technology; introducing the legal
and ethical environments; and comprehending the
integrative nature of design, business, communication and
technology in society’s culture. 3 credits.
7 A letter from Lebanon Valley College, dated October 26, 2020 (J-2), lists the courses completed by
Spotts as part of the Digital Communications major, and includes excerpts from the college catalog
indicating the 2006–2007 college-catalog description for each course. Some descriptions were identical
to Spotts’ narrative, but others, as hereinafter noted, differed.
8 This description differs entirely from the description in J-2. However, it is noted that while J-2 reflects
the course as “DCOM 130: Introduction to Digital Communications,” its description reflects “130.
Principles of Information Design.”

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9
CSC 122: Programming for Applications (Business)
Topics include algorithms, data types, graphical user
interfaces, objects, event handlers, and database
programming. This course does not prepare students for
more advanced computer science courses, but it does
satisfy the core requirement in computer programming for
Digital Communications majors. We will use Visual Basic. 3
credits.
ART 2139: Fundamentals of Design (Marketing)
An introduction to the fundamental elements of design.
Students work with graphic symbols, theories of visual
perception, principles of composition, and color interaction in
a variety of studio projects. The emphasis of the course will
be placed on the design process as students develop their
ability to communicate their ideas through the use of
traditional and electronic media. This course will introduce
students to Adobe Photoshop 3 credits.
DCOM 23010: Information Law and Ethics (Business)
Students will begin with a foundation in media law and
ethical reasoning and examine both legal and ethical
questions surrounding the use of digital media. They will
then move on to examine the ways that the Web and digital
media platforms have transformed traditional understandings
of concepts like intellectual property rights, privacy, and free
speech. Students will work with case studies, national and
international legal documents, academic research, and
company guidelines in order to understand whether legal
strictures or ethical reasoning should guide personal,
governmental, and corporate behavior. Fulfills requirement:
Writing Process, Disciplinary Perspectives, Critical Thinking
through Writing. Prerequisite: ENG 112 or FYE 112, and
junior or senior standing. 3 credits.
9 The description in J-2 is: “An introduction to the fundamental elements of art and design. Students
work with graphic symbols, theories of visual perception, principles of composition, and color interaction
in a variety of studio projects. [Cross-listed as Digital Communications 255.] 3 credits.”
10 The description in J-2 is: “This course will examine the legal and ethical issues arising from the
information age. Topics such as copyright, patent, privacy, security, libel, liability, and government
regulation will be explained. 3 credits.”

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CSC 245: Concepts of Network and Database
(Business)
This course has three distinct segments: 1) principles of
computer networks and the Internet, 2) database design
concepts, and 3) network database applications. Hands-on.
Prerequisite: CSC 122 or 144 or permission of the
instructor. 3 credits.
DCOM 265: Business of Information I (Renamed: E-
Commerce) (Business)
An exploration of the important technologies related to doing
business on the Internet. Topics will include e-commerce,
advertising, customer support, and business-to-business
applications. Emphasis on how businesses implement these
technologies, resource requirements, cost-to-benefit
analysis. 3 credits.
DCOM 285: Writing for Digital Media (Marketing)
This course will provide students with the skills, theories of
design, and experience to design viable digital media
projects that meet specific goals and target specific
audiences. Prerequisite: DCOM 130, or permission.
Offered fall semester. Writing process. 3 credits.
DCOM 345: Digital Video (Marketing)
This course introduces students to the basic principles and
practices of digital video creation and production. This
course allows the students to build their digital video making
skills by having them conceive, storyboard, film, edit, and
author projects in DVD format. To complement their
practical knowledge, the course gives the students
theoretical understanding of how moving and time-based
imagery function both conceptually and expressively.
Corequisite: DCOM 344. 3 credits.
DCOM 355: Design II (Marketing)
The course will focus on blending the creative and technical
aspects of developing electronic images. Students will apply
traditional art methods and techniques to the electronic
canvas. Additionally, the course will serve to provide a
historical perspective of electronic imaging and examine the
limitations and possibilities of working in the electronic
medium. 3 credits.

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DCOM 365: Business of Information II (Business)
An exploration of the way businesses utilize technology to
operate effectively. The course will focus on how
businesses generate, manage, store, and distribute
information that is key to performance of business
objectives. Topics will include Enterprise Resource Planning
(ERP), Customer Relationship Management (CRM), Supply
Chain Management (SCM), e-Marketing, and Business
Intelligence. Prerequisite: DCOM 265, or permission. 3
credits.
DCOM 385: Multimedia (Marketing + advanced level of
study)
This course will reinforce and build upon the design skills,
theories, and experience from Writing for Digital Media I, and
focus on the production and post-production development
process. Prerequisite: DCOM 285, or permission.
Corequisite: DCOM 300.11 3 credits.
DCOM 39012: Web TV (Marketing + advanced level of
study)
Special Topic Course offered in 2009/2010
DCOM 39013, 14: Advanced Graphic Design (Marketing +
advanced level of study)
The course will focus on blending the creative and technical
aspects of developing electronic images and layouts.
Students will apply traditional design methods and
techniques to the electronic canvas. Additionally, the course
will serve to familiarize students with industry standard
software and procedures for producing creative work for a
variety of media. Work will be produced in the latest version
of Adobe InDesign [ang] Illustrator. Prerequisite: DCOM
150, or permission of the instructor. 3 credits.
11 DCOM 300 does not appear on the Official Academic Transcript.
12 The description in J-2 is: “The class will create a student-run ‘TV show’ broadcast on the web. The
subject matter and theme of the show will depend on the students enrolled (possibly sketch-comedy).
Students will actively develop and pitch ideas, learn basic script writing, videography, and post-production
skills, and promote the program using social medial. No prerequisites. Open to all majors. Any English
Theater concentrator may count this course as a major (elective) requirement. Fulfills DCOM Design,
Communications and Business concentrations. Cross-listed with ENG 390.)”
13 The description in J-2 is: “This advanced studio attempts to complete the standard form graphic
design portfolio. Projects include visual identity and branding, packaging design, applied typography, and
multiform layout. The course also covers industry standards, printing processes, and portfolio standards.
Students will employ Adobe in Design and Illustrator.)”
14 DCOM 390 is listed as “Web TV DCOM” and “Advanced Graphic Design” by the College. (J-2.)

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DCOM 430: Capstone Project Management (Business +
advanced level of study)
This capstone course teaches the theory and application of
planning projects in the field of digital communications. The
course covers principles of project management, research,
and project strategy. Additionally, topics of professionalism,
client interface, modes of communication, and collaborative
group theory and practice are explored. 3 credits. [This
course is cross-listed with IEXD 410.]
DCOM 44015: Capstone Research and Development
(Business + advanced level of study)
This course is a practicum class where students work on a
project for external clients. This course simulates the
collaborative and interdisciplinary environment of the field of
digital communications and emphasizes usability testing in
the identification of a problem, in formative testing and
prototyping of potential design ideas, and summative testing
of the final project. The course takes the integrative theory
and skills from the areas of concentration and builds upon
the theory and application explored in the first Capstone
course to develop a multi-disciplinary team of students to
deliver an appropriate project. 3 credits. [This course is
cross-listed with IEXD 411.]
Spotts’ Credential Review Summary reflects his present positions as Service
Coordinator/Project Manager for employer Firefighter One, and Assistant Marching
Band Director for Morris Hills High School. (J-5.) Spotts included with the completed
Credentials Review Summary the following: a resume; a performance review from
Firefighter One; a letter of recommendation from Richard Hartsuiker, Director of Bands
at Morris Hills High School; a letter of recommendation from Matthew Ceresini, Director
of Bands/General Music Teacher at Hempfield High School; and a letter of
recommendation from Stephen Gugoff, Assistant Marching Band Director and Indoor
Percussion Ensembles Director at Central Dauphin High School. (J-5.) His narrative
statement reflects, “Because my employer is unaware of my pursuit for a Certificate of
Eligibility in Marketing Education, I am unable to provide documentation from my
15 The description in J-2 differs in the final sentence and appears incomplete as follows: “The course
takes the integrative theory and skills from the four areas of concentration (visual, content, commercial,
and technological) and builds upon the theory and application ex-.”

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present career in the form of recommendation letters, as it would put my job status at
risk; however, I have included my most current performance evaluation.” (J-5.) His
narrative statement also reflects: “I also believe that BIO 103, found on my transcripts,
should meet the requirement necessary for the Physiology and Hygiene requirement.”
(J-5.)
Spotts’ resume reflects his education experience with Morris Hills High School
as: Plan and teach marching and visual technique for the entire ensemble during
preseason summer rehearsals; responsible for teaching proper technique for all
marching percussion instruments in a competitive band atmosphere; assist in the
design and development of the overall visual components of the competitive field show;
and assist with planning and leading rehearsals throughout the seasons from June–
November. (J-5.) Spotts’ resume reflects his education experience with Central
Dauphin School District as: Interpreted proper playing technique for the snare drums in
both the outdoor and indoor programs; responsible for writing the drill and overall visual
design of the indoor program in 2011 and 2012; and assisted with the planning of
weekly rehearsals. (J-5.) Spotts’ resume reflects his education experience with Bishop
McDevitt High School as: Taught proper technique for all marching percussion
instruments in a competitive band atmosphere; arranged the battery percussion music
for the competitive field show; and assisted with the planning of weekly rehearsals. (J-
5.)
Spotts’ resume also reflects his “relative work experience” as: Work with internal
marketing team to execute service related customer facing social mediate, print and
digital advertising; create graphics and marketing materials for both print and digital
media; create content and manage marketing campaigns for various company social
media accounts; assist with the planning and execution of all company marketing
initiatives, including web site content management, print media, video, social media
marketing and email marketing; assist clients to create consistent branding; prepare
files for large format printing and sign construction; presenting quotes for customer
projects from design to construction completion; lead implementation [and] onboarding
of new software; and responsible for the maintenance and implementation of all
company technology assets. (J-5.)

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Spotts’ Employee Assessment from Firefighter One, dated May 22, 2017, reflects
his department as “Marketing” and job title as “Marketing Coordinator.” (J-5.)
By letter dated August 21, 2019, Spotts was notified that the Board had received
the experience he documented for review and that he would need to submit copies of
his packet and his review would be scheduled. (J-6.)
A memo from Singh to the Board members, dated October 17, 2019, regarding
the credentials review for a Teacher of Marketing CE, N.J.A.C. 6A:9B-9.1, reflects that
Spotts “appeals the decision of the examiner and, in the alternative, seeks the review of
education and/or experience he/she believes is equivalent in the area(s) of deficiency,”
and that he satisfies the requirements toward certification except for the following:
Needs 24 semester-hour credits in Business Studies with at
least 9 semester-hour credits at the advanced level. At least
12 of the required 24 credits must be in Marketing. The
physiology-and-hygiene requirement must be met as well.
[J-7.]
Spotts attended the December 13, 2019, Board meeting. The Board did not ask
Spotts any questions.
A letter dated December 16, 2019, reflects that the State Board of Examiners
advised petitioner that at its meeting on December 13, 2019, the Board voted to deny
his request for issuance of a Teacher of Marketing CE pursuant to N.J.A.C. 6A:9B-9.1,16
and enclosed the Board’s Decision.
Spotts was issued a “Teacher of Graphic Design” Certificate of Eligibility in July
2020.
16 The Board Decision reflects the correct citation, but the Board’s letter reflects “69B-9.1.”

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Testimony
Rani Singh
Rani Singh is employed at the New Jersey Department of Education as the
director of the Office of Certification and Induction and as secretary to the State Board
of Examiners. Prior thereto she was the chief examiner and supervisor of all examiners
in the office who review certification applications. She became director in February
2019. The Examiner Unit reviews all the applications.
The Board found that Spotts was not qualified to teach marketing and voted to
deny his request for a Teacher of Marketing CE. The Board reviews alternate education
and experience as part of its decision. There was alternate experience listed in his
Credentials Review Summary, but no documentation was provided to verify his
experience. His resume with work employment history and assessment review were
not sufficient documentation of the experience listed on his Credentials Review
Summary. Official documentation from an employer to document the experience is
required. J-2 was not provided with his appeal. The course descriptions in his narrative
statement were not official course descriptions from Lebanon Valley College. The
Board does not accept unofficial course descriptions. One-to-one correspondence has
to do with whether an individual’s experience has a significant relation to the type of
experience that the certificate requires, and not to do with a comparison of classes
offered at different institutions. Spotts’ representation that other universities provided
courses similar to Lebanon Valley College has no bearing on whether he qualifies for
the Teacher of Marketing CE.
The candidate’s packet is reviewed for completeness, in that it must contain the
notarized oath and all the information required, but it is up to the candidate to submit all
the documentation verifying what is on the Credentials Review Summary. The Board
only reviews information submitted by the candidate. If the Board has any questions
relevant to the documentation submitted, the Board will ask questions at the meeting.
The Board does not request documentation from the candidate if the Board feels there
is documentation missing to support information.

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BIO 103, environmental science, is not an appropriate course to fulfill the
physiology-and-hygiene requirement, as environmental science is not accepted.
However, physiology and hygiene did not have a significant bearing on why the CE was
denied for marketing.
Stephen Spotts
Spotts followed the template he received with the June 17, 2019, letter, and he
was provided a sample Credentials Review Summary. He received the document about
alternate education and experience, but the Credentials Review Summary was the only
sample document provided as a guide. The document did not really explain anything, it
just had an area to list experience. The only experience referenced in the Board’s letter
was the music teaching experience and supplemental experience working with
students, but the Board did not reference the corporate marketing and business
experience that he listed in his Credentials Review Summary. The corporate marketing
experience on his resume and evaluation confirm his real-world marketing experience.
He passed the marketing PRAXIS exam.
After the initial submission for a marketing CE, he also submitted an application
for a graphic-design CE. The graphic-design CE was approved, and his BIO 103
course was accepted for the graphic-design CE. He does not know why it would be
accepted for graphic design, but not for marketing. He has never completed the
physiology-and-hygiene test.
His coursework in DCOM does show a one-to-one correlation between marketing
and business coursework that is available at other state universities. He provided
course descriptions taken from the official college course descriptions in his packet to
the Board. The descriptions match the ones in the Lebanon Valley College official letter
he received. He did not make up any course description with his own words to try to
make it appear that they meet the requirements.

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17
Perhaps there was some clerical paperwork missing from his application as far
as official documentation from employers, but the office or Board should have advised
him that additional documentation was necessary. If there was a clerical issue that
caused the denial, he wishes the Board would have asked questions about that and
provided him an opportunity to submit additional documentation to support the
marketing and corporate experience listed on his Credentials Review Summary.
LEGAL ANALYSIS AND CONCLUSION
The Board may issue and revoke three categories of educational certificates:
Instructional, Administrative, and Educational Services. N.J.S.A. 18A:6-38; N.J.A.C.
6A:9B-5.3(a). In determining appeals from decisions of the Board, the Commissioner
must ascertain whether the decision is supported by sufficient credible evidence in the
record and shall not disturb the decision 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(a).
Pursuant to N.J.A.C. 6A:9B-9.1:
(a.) To 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

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18
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. However, if a candidate's score on
the appropriate State test(s) of subject matter
knowledge falls below the passing score by five
percent or less, but the candidate has a GPA of 3.50
or higher when a GPA of 4.00 equals an A grade, he
or she shall meet this paragraph's requirements. This
alternative requirement shall not be construed as a
waiver under N.J.A.C. 6A:9B-4.12(c). . ..; 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-
11.3 or military science pursuant to N.J.A.C. 6A:9-11.8,
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.
A candidate for certification may appeal to the Board of Examiners an adverse
decision regarding his or her certification eligibility. N.J.A.C. 6A:9B-4.12(a). If a
candidate receives an evaluation pursuant to N.J.A.C. 6A:9B-5.3(c) that identifies areas
of deficiency in the certification requirements, the candidate 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). However, the Board
may not: (1) waive any test, GPA, degree completion, or approved educator preparation
program completion requirements; (2) permit a candidate to substitute education and/or
experience for any test, GPA, degree, or approved educator preparation program
completion requirements; or (3) issue a certificate that is expired and/or is not a type of
certificate endorsement pursuant to N.J.A.C. 6A:9B-9 through 11. N.J.A.C. 6A:9B-

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4.12(c). The candidate is responsible for demonstrating by clear and convincing
evidence that he or she is eligible for the requested certificate. N.J.A.C. 6A:9B-4.12(d).
“Business education/business-related technologies” endorsements authorize the
holder to teach business education and business-related technologies in all public
schools, in kindergarten through grade 12, including approved career and technical
education programs in grades nine through 12 in all public schools. N.J.A.C. 6A:9B-
9.4(a)(1). A “marketing education” endorsement authorizes the holder to teach
marketing occupations including sales, advertising and retailing, global marketing,
entrepreneurship, and exploration of related business occupations. N.J.A.C. 6A:9B-
9.4(a)(1)(vii); see also https://nj.gov/education/license/endorsements/2560S.pdf.
Specific career and technical education endorsements are based on the 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
sixteen different career clusters, including “marketing,” and are listed on the
Department’s website. Ibid. Endorsements are authorized under the “marketing” career
cluster for career and technical education programs that prepare students for careers
related to the planning, management, and performance of marketing activities to reach
organizational objectives. N.J.A.C. 6A:9B-9.4(c)(14).
Spotts submitted six documents with the completed Credentials Review
Summary: a narrative statement regarding his education/experience; his resume; a
Firefighter One performance evaluation from 2017; and three letters of recommendation
from band directors. His narrative statement included course descriptions noted therein
to be from the Lebanon Valley College course catalog. However, the instructions from
the Board reflect that official documentation is required. That said, it is observed that
Spotts later obtained the October 26, 2020, letter from Lebanon Valley College, which
for the most part corroborates his earlier descriptions. However, the alternative
education/experience must have a one-to-one correspondence with the deficiencies.
(P-M.) Petitioner argues that he should be issued a Marketing CE because the
coursework to obtain his degree in digital communications shows a one-to-one
correlation between the marketing and business coursework at other New Jersey State
universities and the coursework satisfies the requirement of thirty credits in business

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with twelve specifically in marketing, and because of his years of corporate marketing
experience as evidenced in his Credentials Review Summary, resume, and employee
assessment. However, the instructions from the Board were clear that documentation
should include “verification by your administrator/supervisor on official letterhead
substantiating the dates of employment, the description of job functions, and other
information relevant to establishing equivalency,” “official job description(s) from the
employing agency,” “evidence of work produced which demonstrates . . . knowledge of
the content covered in required courses or shows . . . experience equivalent to other
licensure requirements,” and “job performance rating and/or evaluations demonstrating
satisfactory performance.” Although Spotts argues that his resume reflects “corporate
marketing experience,” he provided no “official” documentation from Colorless, Inc./The
Blue Cardinal Group, Inc., Sign-A-Rama, or Custom Sign Source and the only
documentation provided from Firefighter One was a 2017 Employee Assessment that
was not signed by Spotts or his manager. Additionally, it is noted that in response to “in
what areas can the employee stand to improve,” it states, “[u]nderstand job
responsibilities and priorities in marketing.”
Spotts also provided course descriptions in his narrative statement. Spotts cited
the “Lebanon Valley College 2009–2010 Course Catalog,” available online and
accessed June 4, 2019, as the source of the descriptions. However, he did not provide
to the Board “official” descriptions from Lebanon Valley College. While it is observed
that the course descriptions for most courses matched the official October 26, 2020,
Lebanon Valley College letter Spotts later obtained, the course descriptions for some
courses did not match. Nevertheless, even if the course descriptions and comparisons
between Lebanon Valley College courses and various New Jersey college/university
courses (P-F) were acceptable evidence, I disagree that all the courses are business
and marketing courses, as some are clearly focused on art and graphic design or show
no specific relation to marketing or business as is required for the credentials review.
In view of the foregoing, I CONCLUDE that Spotts did not demonstrate by clear
and convincing evidence that he fulfilled the endorsement requirements necessary for a
Teacher of Marketing CE pursuant to N.J.A.C. 6A:9B-8. Thus, I further CONCLUDE

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21
that the Board’s decision was supported by sufficient credible evidence in the record
and was not arbitrary, capricious, or contrary to law.
ORDER
It is hereby ORDERED that Spotts’ request for issuance of a Teacher of
Marketing CE is DENIED and his petition 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.
November 26, 2021
DATE KELLY J. KIRK, ALJ
Date Received at Agency:
Date Mailed to Parties:

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WITNESS LIST
For Petitioner:
Stephen Spotts
For Respondent:
Rani Singh
EXHIBIT LIST
Joint:
J-1 Official Academic Transcript
J-2 October 26, 2020, letter from Lebanon Valley College
J-3 June 11, 2019, letter from the Board
J-4 June 17, 2019, letter form the Board
J-5 Credentials Review Summary
J-6 August 21, 2019, letter from the Board
J-7 October 17, 2019, letter from the Board and Attachments
J-8 December 16, 2019, letter from the Board
J-9 Board Decision, dated December 17, 2019
For Petitioner:
P-A (Not in evidence)
P-B (Not in evidence)
P-C (Not in evidence)
P-D (Not in evidence)
P-E Statement of Spotts
P-F Comparison Chart
P-G (Not in evidence)
P-H (Not in evidence)
P-I (Not in evidence)

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P-J (Not in evidence)
P-K (Not in evidence)
P-L Praxis Scores
P-M Form Samples
For Respondent:
None