In the Matter of the Suspension of the Teaching Certificate of Stephanie Beal, Board of Education of the Township of Piscataway, Middlesex County, 9/6/2024, (#332-24)

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332-24
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificate of Stephanie Beal,
Board of Education of the Township of
Piscataway, Middlesex County.
Synopsis
This matter was opened before the Commissioner of Education on October 12, 2023, by way of an Order
to Show Cause served by the petitioner, Board of Education of the Township of South Brunswick, upon
respondent Stephanie Beal, requiring her to show cause why an order should not be entered suspending
her teaching certificate pursuant to N.J.S.A. 18A:26-10 and N.J.S.A. 18A:28-8 for resigning without giving
the notice required by law. Petitioner initially participated in two pre-hearing telephone conferences in
the matter before advising that she no longer wished to contest the suspension of her teaching certificate.
Upon review, the Commissioner concluded that the allegations, which respondent has chosen not to deny,
may be deemed admitted and justify suspension of respondent’s certificates. 	Accordingly, summary
decision was granted to the Board, and respondent’s certificates were suspended for a period of one year
from the date of the filing of this decision – a copy of which was forwarded to the State Board of Examiners
for the purpose of effectuating this order.
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.
332-24
OAL Dkt. No. 12782-23
Agency Dkt. No. 258-9/23
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the Teaching
Certificate of Stephanie Beal, Board of Education
of the Township of Piscataway, Middlesex County
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL)
have been reviewed and considered. The parties did not file exceptions.
Upon review, the Commissioner concurs with the Administrative Law Judge that respondent’s
resignation from employment with no notice justifies suspension of respondent’s teaching
certificates pursuant to N.J.S.A. 18A:26-10 and N.J.S.A. 18A:28-8.
Accordingly, the Initial Decision is adopted as the final decision in this matter. Respondent’s
teaching certificates are suspended for a period of one year from the filing date of this decision, a
copy of which shall be forwarded to the State Board of Examiners for implementation of the
suspension.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	September 6, 2024
Date of Mailing: 	September 9, 2024
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.
New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 12782-23
AGENCY DKT. NO. 258-9/23
TOWNSHIP OF PISCATAWAY BOARD OF
EDUCATION, MIDDLESEX COUNTY,
Petitioner,
v.
STEPHANIE BEAL,
Respondent.
David B. Rubin, Esq., for petitioner
Stephanie Beal, respondent, pro se
Record Closed: June 18, 2024 Decided: July 31, 2024
BEFORE MICHAEL R. STANZIONE, ALJ:
STATEMENT OF THE CASE
Petitioner, Township of Piscataway Board of Education (Board), seeks the
suspension of respondent’s teaching certificate for one year for failing to comply with the
requirement that she continue her employment during a sixty-day-notice period pursuant
to N.J.S.A. 18A:26-10.
OAL DKT. NO. EDU 12782-23
2
PROCEDURAL HISTORY
Respondent filed an order to show cause and affidavit on October 12, 2023. The
Board filed an answer on November 15, 2023. The matter was transmitted to the Office
of Administrative Law, where on November 16, 2023, it was filed as a contested case.
N.J.S.A. 52:14B-1 to -15; N.J.S.A. 52:14F-1 to -13.
A prehearing telephone conference was scheduled for December 21, 2023, and
both parties appeared and agreed to schedule another conference. A prehearing
telephone conference was scheduled for February 28, 2024; both parties appeared and
agreed to schedule another conference to permit them time to work on discovery. A
prehearing telephone conference was scheduled for March 26, 2024. Prior to the
conference, respondent emailed the OAL to advise that she no longer contested the
suspension of her teaching certificate and did not intend to participate in further
discussions about this matter. Respondent failed to appear for the March 26, 2024,
telephone conference. A Zoom conference was scheduled for April 23, 2024, but
respondent failed to appear. A hearing was scheduled to be conducted via Zoom on June
14, 2024; respondent again failed to appear. The Board presented its proof, and the
record remained open for respondent to explain her non-appearance and for the Board
to provide additional information. When no explanation was received from respondent
regarding her failure to appear, the record closed on June 18, 2024.
FACTUAL DISCUSSION
Based on the presentation and submission of evidence by petitioner, I FIND the
following as FACTS:
1. Respondent was hired by the Board and began her employment as a
teacher on October 3, 2022.
2. Her employment contract required sixty days’ advance notice of any
resignation.
OAL DKT. NO. EDU 12782-23
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3. On August 14, 2023, respondent submitted her resignation effective
immediately and indicated that she would not return to work for the
upcoming 2023−2024 school year.
4. The first day for her to report for the 2023−2024 school year was September
5, 2023. R-2 at 3.
5. The Board reminded respondent of the requirement to continue her
employment for the sixty-day notice period. On August 29, 2023,
respondent acknowledged receipt of this information via email. R-2 at 1.
6. In her August 29, 2023, email, respondent confirmed that she did not intend
to work during the sixty-day-notice period and that she understood the
Board could act against her teaching certificate. Id.
LEGAL DISCUSSION AND CONCLUSIONS OF LAW
N.J.S.A. 18A:26-10, applicable to non-tenured certificated staff, states in pertinent
part: “Any teaching staff member employed by a board of education . . . who shall, without
the consent of the board . . . cease to perform his duties before the expiration of the term
of his employment, shall be deemed guilty of unprofessional conduct, and the
commissioner may . . . suspend his certificate for a period not exceeding one year.” See
also N.J.A.C. 6A:9B-4.8. The purpose of the statute is “to provide notice to the school so
that a suitable replacement can be hired without adversely impacting students.” Penns
Grove-Carneys Point Bd. of Educ. v. Leinen, 94 N.J.A.R. 2d (EDU) 405, 407.
As the Commissioner has recognized, N.J.S.A. 18A:26-10 “is clear and explicit as
to the requisite conditions for a cause of action to arise under its terms, namely, 1) a
teaching staff member ceases to perform his [or her] duties before the expiration of the
term of his [or her] employment, and 2) the board does not consent to the teaching staff
member's action.” In re Suspension of the Teaching Certificate of Fesolowich, OAL Dkt.
No. EDU 11608-05, Comm'r (September 14, 2006). Non-tenured teachers who violate
OAL DKT. NO. EDU 12782-23
4
the notice requirements in their employment contracts will generally be found guilty of
“unprofessional conduct” under N.J.S.A. 18A:26-10, warranting suspension of their
teaching certificate. See In re Suspension of the Teaching Certificate of Creekmur, OAL
Dkt. No. EDU 4041-11, Initial Decision (November 21, 2011), adopted, Comm'r (January
4, 2012).
The Commissioner of Education has established a one-year suspension as the
presumptive consequence for failing to fulfill the required notice-of-resignation
requirement. “Generally, the Commissioner has imposed the full one-year suspension of
a teaching certificate for leaving a district without adequate notice. . . . . In rare
circumstances in which the Commissioner has seen fit to lessen the suspension period,
it was for compelling reasons.” (Citation omitted.) Board of Educ. of Borough of Alpine
v. Leonid Yuz, OAL Dkt. No. EDU 1116-06, Initial Decision (July 17, 2008), adopted,
Comm’r (September 23, 2008). See also Penns Grove-Carneys Point Bd. of Educ. v.
Leinen, observing that “[m]ost cases have resulted in the suspension of any and all
teaching certificates for the maximum, one-year permitted if the Commissioner finds the
teacher guilty of violating N.J.S.A. 18A:26-10.”
These principles were applied in the In re Suspension of the Teaching Certificate
of Schvamberg, EDU 09828-13, adopted, Comm’r (March 5, 2014), involving another
non-tenured teacher in the Piscataway School District who received a one-year
suspension of her certificate for failing to honor her sixty-day notice obligation. In that
case, when respondent accepted employment with the school district, she knew that
personal issues would likely affect her ability to serve out her contract term yet failed to
advise the district.
Here, respondent by submitting her resignation on August 14, 2023, did not give
the requisite sixty-day notice. Accordingly, I CONCLUDE that respondent failed to give
sixty-day notice to the Board that she was terminating her employment, and thus she
violated N.J.S.A. 18A:26-10. Respondent’s teaching certificate shall be suspended for
one year.
OAL DKT. NO. EDU 12782-23
5
ORDER
Based on the foregoing findings of fact and conclusion of law, it is ORDERED that
the decision of the Township of Piscataway Board of Education is AFFIRMED. It is further
ORDERED that respondent’s teaching certificate will be suspended for one year.
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.
July 31, 2024
DATE MICHAEL R. STANZIONE, ALJ
Date Received at Agency:
Date Mailed to Parties:
OAL DKT. NO. EDU 12782-23
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APPENDIX
WITNESSES
For petitioner:
None
For respondent:
None
EXHIBITS
For petitioner:
R-1 Certification of Colleen Pongratz
R-2 Emails attached to the Certification of Colleen Pongratz
For respondent:
None

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