MICHELLE GUELI V. NEW JERSEY STATE BOARD OF EXAMINERS, 3/8/18, (#76-18)

76-18
MICHELLE GUELI, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
NEW JERSEY STATE BOARD 	: 	DECISION
OF EXAMINERS,
:
RESPONDENT.
:
SYNOPSIS
Petitioner appealed the determination of the respondent – the State Board of Examiners (SBE) – that she
had not met the requirements, as set forth in N.J.A.C. 6A:9B-8 et seq., for issuance of a Teacher of
Elementary School Certificate of Eligibility (CE). Specifically, petitioner did not achieve the required a
cumulative grade point average of 2.75 in her baccalaureate program. Petitioner contended that she
qualified for the CE under N.J.A.C. 6A:9B-8.3(b)(2)(i), which – prior to September 1, 2016 – permitted
an applicant with a GPA between 2.50 and 2.75 to satisfy the GPA requirement be exceeding a passing
score on the appropriate state test of subject matter by ten percent or more. The SBE argued that although
petitioner’s application for certification was initiated on August 30, 2016, her application was not
complete until September 29, 2016, the date upon which petitioner submitted the required oath of
allegiance; therefore, her application was deem filed on the date of completion, by which time the
regulations no longer permitted the exception under which petitioner claimed qualification.
The ALJ found, inter alia, that: petitioner asserted that pursuant to N.J.A.C. 6A:9B-5.3(b), the SBE
should have considered her application based on the regulations in effect until September 1, 2016,
because her application was marked “received” by the New Jersey Department of Education on
August 30, 2016; however, the controlling regulation states that “An application shall be deemed filed
with the Office when it and all required supporting documentation has been received”; petitioner’s
application was therefore not complete until the required oath of allegiance was submitted on
September 29, 2016; and petitioner’s application must be considered based on the regulatory requirements
in effect after September 1, 2016. 	Accordingly, the ALJ concluded that the SBE’s decision relative to
petitioner’s application for certification was reasonable, consistent with the regulatory intent, and is
entitled to deference.
Upon review, the Commissioner adopted the Initial Decision of the OAL as the final decision in this
matter, for the reasons expressed therein. 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.
March 8, 2018

OAL DKT. NO. EDU 06766-17
AGENCY DKT. NO. 63-3/17
MICHELLE GUELI, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
NEW JERSEY STATE BOARD 	: 	DECISION
OF EXAMINERS,
:
RESPONDENT.
:
The record of this matter and the Initial Decision of the Office of Administrative
Law (OAL) have been reviewed.1 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 (Board) did not act in an arbitrary,
capricious, or unreasonable manner when it denied petitioner’s application for a Teacher of
Elementary School Certificate of Eligibility for failing to meet the grade point average (GPA)
requirement. Applicants for a certificate of eligibility who graduated before September 1, 2016
are required to achieve a cumulative GPA of at least 2.75, and petitioner’s 2.58 GPA fell
short of this requirement. 	N.J.A.C. 6A:9B-8 .3(b)(1). 	The regulation also provides that until
September 1, 2016, a candidate with a GPA of below 2.75 but at least 2.50 who exceeds the
passing score on a State test of subject matter knowledge by 10 percent may still meet the
requirements. 	N.J.A.C. 6A:9B-8.3(b)(2)(i). 	However, the Commissioner is in accord with the
ALJ that the regulation does not apply to petitioner because her application was deemed filed
after she submitted the oath of allegiance on September 29, 2016, rather than when she initiated
1 The Commissioner was not provided with a transcript of the December 13, 2017 hearing at the OAL.

the application on August 30, 2016. See N.J.A.C. 6A:9B-5.3(b) (“An application is deemed filed
with the Office when it and all required supporting documentation has been received.”)
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.2
ACTING COMMISSIONER OF EDUCATION
Date of Decision: March 8, 2018
Date of Mailing: 	March 8, 2018
2 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36
(N.J.S.A 18A:6-9.1).

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 6766-17
AGENCY DKT. NO. 63-3/17
MICHELLE GUELI,
Petitioner,
v.
NEW JERSEY STATE
BOARD OF EXAMINERS,
Respondent.
__________________________
Michelle Gueli, petitioner, pro se
Geoffrey Stark, Deputy Attorney General, for respondent (Gurbir S. Grewal,
Attorney General of New Jersey, attorney)
Record Closed: December 13, 2017 	Decided: January 24, 2018
BEFORE JOHN S. KENNEDY, ALJ:
STATEMENT OF THE CASE
Petitioner, 	Michelle 	Gueli 	(“Gueli”) 	challenges 	respondent’s 	denial 	of 	her
application for the issuance of a Teacher of Elementary School Certificate of Eligibility.
Respondent, New Jersey State Board of Examiners (“Board”) denied the application
alleging that petitioner did not satisfy the regulatory requirements to be issued a
Teacher of Elementary School Certificate of Eligibility.

OAL DKT. NO. EDU 6766-17
2
PROCEDURAL HISTORY
The original petition of appeal was filed with the Department of Education on
March 22, 2017. 	The Department of Education transmitted the matter to the Office of
Administrative Law (OAL), where it was filed on May 11, 2017, N.J.S.A. 52:14B-1 to -15;
N.J.S.A. 52:14F-1 to -13. 	A hearing was conducted on December 13, 2017, and the
record closed.
FACTUAL DISCUSSION
Petitioner testified on her own behalf. 	Her grade point average (GPA) for her
baccalaureate degree program at Stockton University was 2.58 (P-7). 	She initiated the
application process for a teacher of social studies on June 21, 2016 (P-1). She took the
core praxis examination necessary to complete the certification process on July 15,
2016. 	The oath of allegiance necessary to complete the certification process for the
social studies certificate was signed by petitioner on June 21, 2016 (P-8). 	Petitioner
paid the fee and initiated the application process to obtain her elementary education
certificate on August 30, 2016 (P-3). 	She took the elementary education examination
July 8, 2016, and received a passing grade on three of the four required parts of the
examination. 	Petitioner retook the fourth part on September 15, 2016, and received a
passing grade (P-4). 	The oath of allegiance necessary to complete the certification
process for the elementary education certificate was signed by petitioner on September
29, 2016 (R-1). 	The received date did not change on the state computer system even
though the oath of allegiance was filed after August 30, 2016 (P-3).
Robert Higgins, Ph.D. testified on behalf of the Board. 	Dr. Higgins is the
Director of the Office of Certification and Induction at the New Jersey Department of
Education. 	He is also the Secretary to the State Board of Examiners. 	He has worked
for the Board since 2001. 	Dr. Higgins explained the internal process of reviewing on-
line applications for teacher certification. 	Once an application is made and the fee is
paid, the application awaits other documents including test scores which are sent to
them electronically from the testing entity and the signed oath of allegiance (“Oath.”)
The Oath in a statutory requirement, contains questions relating to an applicant’s

OAL DKT. NO. EDU 6766-17
3
criminal history and whether they have ever been certified or revoked as a teacher in
another state. 	The application remains in the state computer system until all required
documents are received. 	It is given to an examiner once all documents are received
and the application is complete. The state computer system then marks the application
“to examiner.”
Petitioner’s application for an elementary education certificate was not sent to an
examiner to review until the Oath was received on September 29, 2016. 	Prior to
September 1, 2016, state regulations permitted flexibility for individuals with GPA’s
below 2.75 seeking to become certificated teachers. 	Because petitioner’s Oath was
received by the Board after September 1, 2016, the Board could not approve her
application as her GPA was below 2.75.
Based on the testimony of the witnesses and examination of the documentary
evidence, I FIND the following FACTS:
On August 30, 2016, petitioner initiated the application process for a Teacher of
Elementary School Certificate of the Eligibility (“Certificate.”) 	Respondent deemed
petitioner’s application filed a few weeks later when the Office of Certification and
Induction (“Office”) received her oath of allegiance/verification of accuracy form, dated
September 29, 2016. 	The Office evaluated petitioner's credentials and determined that
she lacked the required cumulative grade point average (GPA) for a certificate. 	On
December 9, 2016, the Board heard petitioner’s application for credentials review and
held that petitioner did not satisfy the regulatory requirements in effect at the time her
application was deemed filed because she had not achieved a cumulative GPA of at
least 2.75 from her baccalaureate degree program at Stockton University. 	Prior to
September 1, 2016, N.J.A.C. 6A:9B-8.3(b)(2)(i) permitted an applicant with a GPA
between 2.50 and 2.75 to satisfy the GPA requirement by exceeding a passing score on
the appropriate state test of subject matter by ten percent or more. 	Petitioner asserts
that her application should have been be deemed filed on August 30, 2016, because
that is the date the respondent marked the application received and the Administrative
Code requires that applications shall be evaluated under the requirements in effect on
the date the application is received.

OAL DKT. NO. EDU 6766-17
4
LEGAL ANALYSIS AND CONCLUSION
The Board is responsible for the issuance and revocation of certificates to teach
in New Jersey Public Schools. 	N.J.S.A. 18A:6-38. 	To be eligible for an elementary
education certificate, an applicant must hold a bachelor’s or advanced degree from a
regionally 	accredited 	college 	or 	university, 	meet 	the 	minimum 	requirements 	for
citizenship, age, physiology, hygiene and substance abuse, pass the appropriate State
tests of subject matter knowledge, achieve a minimum score on a Commissioner
approved 	test 	of 	basic 	reading, 	writing, 	and 	mathematic 	skills, 	and 	demonstrate
knowledge of basic pedagogical skills. N.J.A.C. 6A:9B-8.3(a). N.J.A.C. 6A:9B-8.3(B)(1)
states that:
To 	be 	eligible 	for 	a 	Certificate 	of 	Eligibility 	candidates
graduating 	before 	September 	1, 	2016, 	shall 	achieve 	a
cumulative GPA of at least 2.75 when a GPA of 4.00 equals
an A in a baccalaureate degree program, higher degree
program, or a Commissioner-approved post-baccalaureate
certification program with a minimum of 13 semester-hour
credits. 	Effective until September 1, 2016, a candidate with
a GPA that is below 2.75, but at least 2.50 when a GPA of
4.00 equals an A grade, and whose score on the appropriate
State test of subject matter knowledge exceeds the passing
score 	by 	10 	percent 	or 	more 	shall 	meet 	the 	eligibility
requirements. N.J.A.C. 6A:9B-8.3(B)(2)(i).
In this matter, petitioner graduated from Stockton University before September 1,
2016, with a GPA below 2.75 but at least 2.50. 	Petitioner asserts that pursuant to
N.J.A.C. 6A: 9B-5.3(b), the Board should consider her application based on the criteria
in effect until September 1, 2016, because her application was filed and marked
“received” by the state on August 30, 3017. N.J.A.C. 6A: 9B-5.3(b) states that:
the Board shall issue the appropriate certificate upon the
candidate's completion of all certification requirements in
effect 	at 	the 	time 	the 	Office 	receives 	the 	application.
Requirements include, but are not limited to, coursework,
degree, tests, fees, GPA, and all certificate rules pursuant to
N.J.A.C. 6A:9B-8 through 13. 	An application shall be
deemed filed with the Office when it and all required

OAL DKT. NO. EDU 6766-17
5
supporting 	documentation 	has 	been 	received.
(emphasis added)
It is clear the petitioner’s application could not be deemed filed or received until
September 29, 2016, which is the date the last required supporting document was
provided to the Board, namely, petitioner’s signed oath of allegiance. 	Simply because
the state website did not revise the date the application was received when all required
supporting 	documentation 	was 	filed 	does 	not 	change 	the 	fact 	that 	petitioner’s
application was not complete until after September 1, 2016. 	Therefore, I CONCLUDE
that petitioner’s application must be considered based on the regulatory requirements in
effect after September 1, 2016.
Petitioner 	carries 	the 	burden 	of 	demonstrating 	by 	a 	preponderance 	of 	the
credible evidence that she is entitled to the certification she seeks. 	Farrar v. State Bd.
of 	Exam’rs, 	EDU 	13763-08, 	Final 	Decision 	(July 	26, 	2010),
<http://njlaw.rutgers.edu/collections/oal/>. 	The 	Commissioner 	will 	“not 	disturb 	the
decision [of the Examiners] unless the appellant has demonstrated that the Board [of
Examiners] or the Commissioner acted in a manner that was arbitrary, capricious or
contrary to law. 	Farrar, supra, EDU 13763-08 (citing Fisher v. State Bd. of Exam’rs, 96
N.J.A.R.2d (EDU) 58). N.J.A.C. 6A:4-4.1 provides that:
In determining appeals from decisions of the State Board of
Examiners or the School Ethics Commission pursuant to this
chapter, 	the 	Commissioner 	shall 	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 or the Commission acted in
a manner that was arbitrary, capricious or contrary to law.
Where there is room for two opinions, action is not considered arbitrary or
capricious when exercised honestly and upon due consideration, even though the court
may believe that an erroneous conclusion has been reached. 	Bayshore Sewerage Co.
v. Dep’t of Envt’l Prot., 122 N.J. Super. 184, 199 (App. Div. 1973). Based on the above,
I 	CONCLUDE 	that 	petitioner 	has 	not 	met 	her 	burden 	of 	demonstrating 	that 	the

OAL DKT. NO. EDU 6766-17
6
Examiners’ decision was arbitrary, capricious and unreasonable, and that the petition of
appeal must be dismissed.
I CONCLUDE that the Examiners’ decision relative to petitioner’s application for
certification is reasonable, consistent with the regulatory intent and is entitled to
deference.
ORDER
It is hereby ORDERED that the Board of Examiners’ denial of petitioner’s
application for the issuance of a Teacher of Elementary School Certificate of Eligibility is
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.

OAL DKT. NO. EDU 6766-17
7
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.
January 24, 2018 	________________________________
DATE 	JOHN S. KENNEDY, ALJ
Date Received at Agency: 	January 24, 2018
Date Mailed to Parties:
JSK/jdw/lam

OAL DKT. NO. EDU 6766-17
8
APPENDIX
LIST OF WITNESSES
Petitioner
Robert Higgins, Ph.D. – Director of the Office of Certification and Induction
LIST OF EXHIBITS
For Petitioner
P-1 	Teacher Certification Information System Screen relating to petitioner’s
applications
P-2 	Teacher Certification Information System Screen relating to petitioner’s
application for Social Studies Certificate
P-3 	Teacher Certification Information System Screen relating to petitioner’s
application for Elementary Education Certificate
P-4 	Examination Description for State tests taken by petitioner
P-5 	Board of Examiners Decision, dated January 19, 2017
P-6 	Order Denying Summary Decision
P-7 	Petitioner’s Stockton University transcript
P-8 	Oath of Allegiance for application for teacher of Social Studies Certificate, dated
June 21, 2016
For Respondent
R-1 	Oath of Allegiance for application for Elementary Education Certificate, dated
September 29, 2016