Joseph Armental v. Board of Education of the City of Englewood, Bergen County, 3/7/25 (#75-25)

75-25
OAL Dkt. No. EDU 07775-24
Agency Dkt. No. 123-5/24
New Jersey Commissioner of Education
Final Decision
Joseph Armental,
Petitioner,
v.
Board of Education of the City of Englewood,
Bergen County,
Respondent.
The record of this matter, the Initial Decision of the Office of Administrative Law (OAL), the
exceptions filed by petitioner pursuant to N.J.A.C. 1:1-18.4, and the Englewood Board of Education’s
(Board) reply thereto, have been reviewed and considered.
Petitioner alleges that the Board involuntarily transferred him from his Principal position to
an Athletic Director position effective July 1, 2024, in violation of his tenure rights as set forth in
N.J.S.A. 18A:28-5 and -6. The material facts are undisputed. Petitioner has acquired tenure both as
a Principal and as an Athletic Director, as he previously worked as the district’s Athletic Director. Both
positions require an Administrator certificate with a Principal endorsement, which petitioner holds.
Petitioner’s salary has remained the same despite the 2024 transfer to Athletic Director. The Board
hired a non-tenured individual for the Principal position previously held by petitioner.
The parties cross-moved for summary decision. The Administrative Law Judge (ALJ) granted
the Board’s cross-motion for summary decision upon concluding that “the positions of Principal and
Athletic Director are not separately tenurable positions under N.J.S.A. 18A:28-5.” Initial Decision at

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10. 	She noted that the position of Athletic Director was not specifically enumerated in N.J.S.A.
18A:28-5, which provides that teaching staff members
in the positions of teacher, principal, other than administrative
principal, assistant principal, vice-principal, assistant superintendent .
. . and such other employees as are in positions which require them to
hold appropriate certificates issued by the board of examiners . . . shall
be under tenure during good behavior and efficiency and they shall
not be dismissed or reduced in compensation except for inefficiency,
incapacity, or conduct unbecoming such a teaching staff member or
other just cause . . . .
The ALJ also relied upon Carpenito v. Bd. of Educ. of Borough of Rumson, 322 N.J. Super. 522,
529 (App. Div. 1999), which provides that “[a] tenured teacher may be involuntarily transferred to
another position within his or her certification where no loss of salary or other reduction in
employment is suffered and the teacher is not singled out for the transfer on a prohibited basis.” The
ALJ applied the Appellate Division’s reasoning in Carpenito to the present matter and concluded that
petitioner’s involuntary transfer from Principal to Athletic Director was not a demotion or dismissal
because his salary was not reduced. Initial Decision at 9. Furthermore, the ALJ found that this was
“not a case where petitioner was involuntarily transferred from a position in his certificate to a
position that required another certificate.” Id. at 10.
In his exceptions, petitioner argues that the ALJ erred as a matter of law by misreading N.J.S.A.
18A:28-5 and relevant case law, including Carpenito, when she concluded that Principal and Athletic
Director are not separately tenurable positions. He contends that the Commissioner has held for
decades that tenure attaches to a specific position and that, once acquired, the teaching staff
member may not be involuntarily removed from a tenured position absent a reduction in force or the
filing of tenure charges. He argues that the involuntary transfer which occurred in this case is at odds
with the remedial intent of the tenure laws, which is to afford principals and teachers a measure of
security in the ranks they hold after years of service.

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Petitioner also contends that Carpenito is distinguishable and has no bearing upon the instant
matter because that case involved a teacher being transferred to another teaching assignment within
the scope of his instructional certificate, while this case involves petitioner’s transfer to Athletic
Director, which is an entirely separate and distinct position from Principal. Finally, he asserts that the
ALJ’s factual findings are illogical and in conflict because she found as fact that he had been
“promoted” from Athletic Director to Acting Principal in 2021, but she also found that his transfer
from Principal to Athletic Director in 2024 was not a demotion.
In response, the Board argues that the Commissioner should adopt the ALJ’s Initial Decision.
At the outset, the Board denies that petitioner’s 2021 transfer from Athletic Director to Acting
Principal was a promotion, as opposed to a lateral transfer, because the record lacks support for
same. The Board likewise denies that petitioner’s 2024 transfer from Principal to Athletic Director
was a demotion. 	The Board emphasizes that an athletic director’s purview as a district-wide
administrator far exceeds that of a high school principal. The Board maintains that the 2024 transfer
did not violate petitioner’s tenure rights because: (1) he previously obtained tenure as an Athletic
Director and therefore cannot be terminated or demoted from that position without formal action;
(2) the Athletic Director position is within the same certification and endorsement as the prior
position of Principal that he held, and he is qualified to hold both positions; and (3) he was not
reduced in salary or rank. The Board asserts that a liberal interpretation of the tenure laws supports
its decision to transfer petitioner from Principal to Athletic Director.
Upon review, the Commissioner rejects the ALJ’s Initial Decision as contrary to well-
established law for the reasons explained herein. The Commissioner disagrees with the ALJ that that
the Board did not violate petitioner’s tenure rights when it involuntarily transferred him to a different
position without reducing his salary or benefits. 	Instead, the Commissioner concurs with petitioner

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that Carpenito is distinguishable as it involved a Board transferring a teacher to another teaching
assignment within the scope of his instructional certificate, but the employee remained in the
position of teacher. 	By contrast, this case involves petitioner’s involuntary transfer to Athletic
Director, which is an entirely separate and distinct position from Principal.
“N.J.S.A. 18A:6-10 provides that no tenured employee of the public school system ‘shall be
dismissed or reduced in compensation . . . except for inefficiency, incapacity, unbecoming conduct,
or other just cause.’” Sanjuan v. Sch. Dist. of W. New York, 256 N.J. 369, 379 (2024). The tenure law
“protects teachers from dismissal for ‘unfounded, flimsy or political reasons.’” Spiewak v. Bd. of Educ.
of Rutherford, 90 N.J. 63, 73 (1982) (quoting Zimmerman v. Bd. of Educ. of Newark, 38 N.J. 65, 71
(1962)).
“According to N.J.S.A. 18A:28-5, tenure is acquired after employment in a given position for
the period of time specified in that statute.” Williams v. Bd. of Educ. of Plainfield, 176 N.J. Super. 154,
160 (App. Div. 1980). See also Howley v. Ewing Twp. Bd. of Educ., 1982 S.L.D. 1328, 1339, adopted,
1983 S.L.D. 1554 (“[T]enure protects an employee in a particular position.”). “That tenure is acquired
in a particular position is made clear by the effect of N.J.S.A. 18A:28-6,” which provides that “[a]ny
such teaching staff member under tenure or eligible to obtain tenure under this chapter, who is
transferred or promoted with his consent to another position covered by this chapter . . . shall not
obtain tenure in the new position” until certain statutory requirements are met. Howley, 1982 S.L.D.
at 1337-40.
Separately tenurable positions are the positions specifically enumerated in N.J.S.A. 18A:28-5,
and “principal” is one such position per the statute’s plain language. Nelson v. Bd. of Educ. of Twp.
of Old Bridge, 148 N.J. 358, 368 (1997). As explained by the Supreme Court, separately tenurable
positions require service in those positions for the requisite statutory period “before tenure can be

5
achieved in them.” 	Id. at 368-73 (1997). 	See also N.J.S.A. 18A:28-5(c) (“[T]enure in any of the
administrative or supervisory positions enumerated herein shall accrue only by employment in that
administrative or supervisory position.”).
Here, it is undisputed that petitioner holds tenure in the positions of Principal and Athletic
Director based upon his service in both positions for the requisite statutory period. The issue in this
case is not whether petitioner has acquired tenure as a Principal and Athletic Director. Rather, the
issue is whether the Board violated petitioner’s tenure rights by transferring him from a separately
tenurable Principal position to an Athletic Director position without his consent.
In Howley, the ALJ explained that “a tenured employee may be transferred to another
assignment within his position, but may not be transferred involuntarily from one position to
another.” 1982 S.L.D. at 1340. In so doing, the ALJ illustrated the concept as follows:
The word “transfer” is most often used in tenure related cases in the
context of the proposition that teaching staff members may be
transferred within the scope of their certificaes. 	As a blanket
statement, this is not entirely correct. . . . Since tenure attaches to
position, and the position specified in N.J.S.A. 18A:28-5 is “teacher,” a
tenured teacher may be “transferred” or reassigned within the scope
of the endorsements on his or her Instructional Certificate. Tenure is
not acquired in a specific assignment . . . .
[Id. at 1339-40.]
By contrast, however,
Under the tenure statutes it is clear that a person tenured in a
“position” may not be transferred from that position without his or
her consent. 	The specific language of N.J.S.A. 18A:28-6, “who is
transferred or promoted with his consent to another position” makes
that clear. Transfer without such consent constitutes a dismissal from
the position and cannot be accomplished without compliance with the
tenure hearing law.
[Id. at 1340 (emphasis in original).]

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Carpenito dealt with the former scenario, i.e., a tenured teacher lawfully transferred to a
different teaching assignment by the Board while retaining his position as a teacher. The Appellate
Division held that “[a] tenured teacher may be involuntarily transferred to another position within
his or her certification where no loss of salary or other reduction in employment is suffered and the
teacher is not singled out for the transfer on a prohibited basis.” Carpenito, 322 N.J. Super. at 529.
While the Appellate Division used the word “position” to describe Carpenito’s reassignment from a
social studies “position” to a computer applications “position,” it is clear from a thorough reading of
the opinion that the court recognized he remained in the position of “teacher” despite the transfer
and “[h]is employment was continued in other subjects.” Id. at 534. The Appellate Division explained
that “[a] transfer is not a demotion or a dismissal under such circumstances.” Id. at 530.
In this case, however, the circumstances are different. The Board concedes that petitioner
was transferred from the Principal position to the Athletic Director position without his consent. This
constitutes a dismissal from the Principal position in violation of tenure laws under Howley, 1982
S.L.D. at 1340. In 2015, the Commissioner reaffirmed this important distinction when adopting the
ALJ’s Initial Decisions in City Association of Supervisors and Administrators v. State-Operated School
District of the City of Newark, Essex County, EDU 00849-13 (Initial Decision, July 14, 2014) and EDU
00788-15 (Initial Decision, June 16, 2015), adopted, Commissioner Decision No. 269-15R (August 13,
2015).
City Association involved the transfer of seven tenured building principals to central office
positions. The former principals alleged that their tenure rights had been violated under N.J.S.A.
18A:28-5 and sought reinstatement to their prior positions. In response, the district argued (as the
Board argues in the present matter) that the former principals’ tenure rights were not violated
because their salaries remained the same and they were transferred to positions within the scope of

7
their certifications. The ALJ rejected the district’s argument and concluded that because the former
principals had been involuntarily transferred to new and distinct positions from that of principal, the
transfers violated their tenure rights under N.J.S.A. 18A:28-5.
Notably, the ALJ in City Association recognized that Carpenito did not support the district’s
claim that the transfers did not violate the former principals’ tenure rights. Carpenito stood for the
proposition that “an individual employed as a building principal can be transferred to principal
positions other than the one currently held, provided there is no loss in rank or compensation.” City
Association, EDU 00849-13, Initial Decision at 29. 	But because the former principals in City
Association were no longer “doing the work of a building principal,” the involuntary transfers violated
their tenure rights under N.J.S.A. 18A:28-5. Ibid. The Commissioner agreed and ordered that the
single petitioner who had not retired or resigned during the pendency of the proceedings be restored
to a building principal position in accordance with his tenure entitlement.
Thus, the Commissioner holds that the Board violated N.J.S.A. 18A:28-5 and -6 when it
involuntarily transferred petitioner from a Principal position to the separate and distinct position of
Athletic Director. 	For the reasons explained herein, the transfer to the Athletic Director position
absent petitioner’s consent constitutes a dismissal from the Principal position he previously held in
violation of tenure laws.
The fact that petitioner also holds tenure in the position of Athletic Director does not provide
justification for the Board’s actions. Nor does the fact that the Athletic Director position can be held
by a person with an Administrative certificate and Principal endorsement. While those circumstances
would be relevant if the Board had reassigned petitioner from once Principal position to another, that
is not what occurred in this case. Furthermore, the Commissioner finds it unnecessary to determine
whether the Athletic Director position is subordinate to the Principal position, or whether the transfer

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constitutes a demotion. 	Simply stated, the tenure laws prohibit a transfer from one separately
tenurable position to another absent consent because an involuntary transfer under those
circumstances constitutes a dismissal. N.J.S.A. 18A:28-6; Howley, 1982 S.L.D. at 1347.
Accordingly, the Initial Decision is rejected for the reasons stated herein, and the petition of
appeal is hereby granted. The Board shall restore petitioner to a Principal position in accordance with
his tenure and seniority rights.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	March 7, 2025
Date of Mailing: 	March 7, 2025
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
SUMMARY DECISION
OAL DKT. NO. EDU 07775-24
AGENCY DKT. 123-5/24
JOSEPH ARMENTAL,
Petitioner,
v.
ENGLEWOOD BOARD OF EDUCATION,
Respondent.
______________________________________
Andrew L. Schwartz, Esq. for petitioner (Schwartz Law Group, P.C., attorneys)
R. Scott Eveland, Esq. for respondent (Inglessino Taylor, attonreys)
Record Closed: November 21, 2024 	Decided: December 9, 2024
BEFORE KIMBERLY A. MOSS, ALJ:
Petitioner filed a motion for summary decision alleging that respondent changing
his job from Principal to Athletic Director was a violation of tenure rights. 	The matter
was filed at the OAL on February 7, 2023. 	Petitioner filed a motion for summary
decisions on June 6, 2024. 	Respondent filed opposition to the motion for summary
decision and a cross motion for summary decision on September 17, 2024. 	Petitioner
filed opposition to the cross motion on November 1, 2024. Respondent filed a sur-reply
on November 19, 2024. Petitioner submitted a letter of clarification on November 21,
2024.

OAL DKT. NO. EDU 07775-24
2
Having reviewed the motions in support of and in opposition to, I find the
following FACTS:
Petitioner began his employment with respondent on September 1, 2006, as a
Mathematics 	teacher 	which 	required 	a 	teacher’s 	certificate 	which 	he 	possessed.
Petitioner was appointed to the position of Assistant Principal on or about September 1,
2011. He had the appropriate Vice- Principal certification. 	On September 1, 2012, in
addition to the duties of Vice Principal, petitioner was assigned the duties of Athletic
Director for the district. 	On July 1, 2013, petitioner’s position was reclassified to Vice
Principal/ Athletic Director. 	Petitioner’s title was reclassified as Vice Principal effective
January 1, 2015. Petitioner was Vice Principal at Dwight Morrow High School from
January 1, 2015 until June 30, 2018. On May 1, 2018, petitioner received a reduction in
force letter from the Superintendent of Schools stating that the Vice Principal /Assistant
Principal position will be impacted and for the 2018-2019 school year and petitioner’s
position would be math teacher. 	On May 3, 2018, the District abolished the position of
Assistant Principal effective July 1, 2018.
Petitioner filed an appeal with the Commissioner on July 24, 2018. 	The appeal was
settled in February 2020 with petitioner being reinstated to the position of Athletic
Director retroactive to July 1, 2018. On November 18, 2021, petitioner was promoted to
the title of Acting Principal of Dwight Marrow High School effective November 1, 2021.
On December 16, 2021, the Board reclassified petitioner’s title to permeant position of
Principal of Dwight Marrow High School. For the 2021-2022 and 2022-2023 school
years petitioner received scores of effective on his annual summative evaluations.
Petitioner acquired tenure in the position of Principal. Petitioners hold the requisite
certificates for this position.
On March 8, 2024, petitioner received a letter from the District Director of Human
Resources stating that the Superintendent would be recommending his involuntary
transfer to the position of Athletic Director effective July 1, 2024. 	Petitioner did not
consent to the transfer. The transfer did not change petitioner’s salary.

OAL DKT. NO. EDU 07775-24
3
The Englewood Public job description for the position of Vice Principal/Athletic Director
includes 	the 	qualification 	that 	the 	position 	requires 	a 	valid 	New 	Jersey 	Principal
Certificate.
LEGAL ANALYSIS
Pursuant to N.J.A.C. 1:1-12.5(b), a summary decision “may be rendered if the
papers and discovery which have been filed, together with the affidavits, if any, show
that there is no genuine issue as to any material fact challenged and that the moving
party is entitled to prevail as a matter of law.” 	This rule is substantially similar to the
summary judgment rule embodied in the New Jersey Court Rules, R. 4:46-2. 	See
Judson v. Peoples Bank & Trust Co. of Westfield, 17 N.J. 67, 74 (1954). 	In connection
therewith, all inferences of doubt are drawn against the movant and in favor of the party
against whom the motion is directed. 	Id. at 75. 	In Brill v. Guardian Life Insurance Co.,
142 N.J. 520 (1995), the New Jersey Supreme Court addressed the appropriate test to
be employed in determining the motion:
[A] determination whether there exists a ‘genuine issue’ of material fact
that precludes summary judgment requires the motion judge to consider
whether the competent evidential materials presented, when viewed in the
light most favorable to the non-moving party, are sufficient to permit a
rational fact finder to resolve the alleged disputed issue in favor of the
non-moving party. 	The ‘judge’s function is not . . . to weigh the evidence
and determine the truth of the matter but to determine whether there is a
genuine issue for trial’.
[Brill, supra, 142 N.J. at 540 (citations omitted).]
In this matter, there are no material issues of fact. 	I CONCLUDE this matter is
ripe for summary disposition.
N.J.S.A. 18A:28-6 provides:
a. Any such teaching staff member under tenure or eligible to obtain
tenure under this chapter, who is transferred or promoted with his consent
to another position covered by this chapter on or after July 1, 1962, shall
not obtain tenure in the new position until after:

OAL DKT. NO. EDU 07775-24
4
(1) the expiration of a period of employment of two consecutive calendar
years in the new position unless a shorter period is fixed by the employing
board for such purpose; or
(2) employment for two academic years in the new position together with
employment in the new position at the beginning of the next succeeding
academic year; or
(3) 	employment 	in 	the 	new 	position 	within 	a 	period 	of 	any 	three
consecutive 	academic 	years, 	for 	the 	equivalent 	of 	more 	than 	two
academic years;
provided that the period of employment in such new position shall be
included in determining the tenure and seniority rights in the former
position 	held 	by 	such 	teaching 	staff 	member, 	and 	in 	the 	event 	the
employment in such new position is terminated before tenure is obtained
therein, if he then has tenure in the district or under said board of
education, such teaching staff member shall be returned to his former
position at the salary which he would have received had the transfer or
promotion not occurred together with any increase to which he would have
been entitled during the period of such transfer or promotion.
b. Any such teaching staff member under tenure or eligible to obtain
tenure under this chapter, who is transferred or promoted with his consent
to another position covered by this chapter on or after the effective date of
P.L.2012, c.26 (C.18A:6-117 et al.), shall not obtain tenure in the new
position until after:
(1) the expiration of a period of employment of two consecutive calendar
years in the new position; or
(2) employment for two academic years in the new position together with
employment in the new position at the beginning of the next succeeding
academic year; or
(3) 	employment 	in 	the 	new 	position 	within 	a 	period 	of 	any 	three
consecutive 	academic 	years, 	for 	the 	equivalent 	of 	more 	than 	two
academic years;
provided that the period of employment in such new position shall be
included in determining the tenure and seniority rights in the former
position 	held 	by 	such 	teaching 	staff 	member, 	and 	in 	the 	event 	the
employment in such new position is terminated before tenure is obtained
therein, if he then has tenure in the district or under said board of
education, such teaching staff member shall be returned to his former
position at the salary which he would have received had the transfer or
promotion not occurred together with any increase to which he would have
been entitled during the period of such transfer or promotion.
In order to receive tenure pursuant to this subsection, a teacher, principal,
assistant principal, and vice-principal shall be evaluated as effective or
highly effective in two annual summative evaluations within the first three
years of employment in the new position.

OAL DKT. NO. EDU 07775-24
5
For purposes of this subsection, “effective” or “highly effective” means the
employee 	has 	received 	an 	annual 	summative 	evaluation 	rating 	of
“effective” or “highly effective” based on the performance standards for his
position established through the evaluation rubric adopted by the board of
education and approved by the commissioner.
N.J.S.A. 18A: 28-5 provides:
a. The services of all teaching staff members employed prior to the
effective date of P.L.2012, c.26 (C.18A:6-117 et al.) in the positions of
teacher, principal, other than administrative principal, assistant principal,
vice-principal, assistant superintendent, and all school nurses including
school nurse supervisors, head school nurses, chief school nurses, school
nurse 	coordinators, 	and 	any 	other 	nurse 	performing 	school 	nursing
services, school athletic trainer and such other employees as are in
positions which require them to hold appropriate certificates issued by the
board of examiners, serving in any school district or under any board of
education, excepting those who are not the holders of proper certificates
in full force and effect and school business administrators shared by two
or more school districts, shall be under tenure during good behavior and
efficiency and they shall not be dismissed or reduced in compensation
except for inefficiency, incapacity, or conduct unbecoming such a teaching
staff member or other just cause and then only in the manner prescribed
by subarticle B of article 2 of chapter 6 of this Title, after employment in
such district or by such board for:
(1) Three consecutive calendar years, or any shorter period which may be
fixed by the employing board for such purpose; or
(2) Three consecutive academic years, together with employment at the
beginning of the next succeeding academic year; or
(3) The equivalent of more than three academic years within a period of
any four consecutive academic years.
b. The services of all teaching staff members employed on or after the
effective date of P.L.2012, c.26 (C.18A:6-117 et al.) in the position of
teacher, principal, other than administrative principal, assistant principal,
vice-principal, assistant superintendent, and all school nurses, including
school nurse supervisors, head school nurses, chief school nurses, school
nurse 	coordinators, 	and 	any 	other 	nurse 	performing 	school 	nursing
services, school athletic trainer and such other employees as are in
positions which require them to hold appropriate certificates issued by the
board of examiners, serving in any school district or under any board of
education, excepting those who are not the holders of proper certificates
in full force and effect, and school business administrators shared by two
or more school districts, shall be under tenure during good behavior and
efficiency and they shall not be dismissed or reduced in compensation
except for inefficiency, incapacity, or conduct unbecoming such a teaching
staff member or other just cause and then only in the manner prescribed
by subarticle B of article 2 of chapter 6 of this Title, after employment in
such district or by such board for:

OAL DKT. NO. EDU 07775-24
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(1) Four consecutive calendar years; or
(2) Four consecutive academic years, together with employment at the
beginning of the next succeeding academic year; or
(3) The equivalent of more than four academic years within a period of any
five consecutive academic years.
In order to achieve tenure pursuant to this subsection, a teacher shall also
complete 	a 	district 	mentorship 	program 	during 	the 	initial 	year 	of
employment and receive a rating of effective or highly effective in two
annual summative evaluations within the first three years of employment
after the initial year of employment in which the teacher completes the
district mentorship program. In order to achieve tenure pursuant to this
subsection, a principal, assistant principal, and vice-principal shall also
receive a rating of effective or highly effective in two annual summative
evaluations 	within 	the 	first 	three 	years 	of 	employment 	with 	the 	first
effective rating being received on or after the completion of the second
year of employment.
For purposes of this subsection, “effective” or “highly effective” means the
employee 	has 	received 	an 	annual 	summative 	evaluation 	rating 	of
“effective” or “highly effective” based on the performance standards for his
position established through the evaluation rubric adopted by the board of
education and approved by the commissioner.
c. For purposes of this chapter, tenure in any of the administrative or
supervisory positions enumerated herein shall accrue only by employment
in that administrative or supervisory position. Tenure so accrued shall not
extend to any other administrative or supervisory position and nothing
herein shall limit or restrict tenure rights which were or may be acquired
pursuant to N.J.S.18A:28-6 in a position in which the individual actually
served.
N.J.A.C. 6A:9B-12.3 provides:
(a) The school administrator endorsement is required for any position that
involves services as a district-level administrative officer. Such positions
shall 	include 	superintendent, 	assistant 	superintendent, 	and 	director.
Holders of this endorsement shall be authorized to:
1. 	Provide 	educational 	leadership 	by 	directing 	the 	formulation 	of
districtwide goals, plans, policies, and budgets, by recommending their
approval 	by 	the 	district 	board 	of 	education, 	and 	by 	directing 	their
districtwide implementation;
2. Recommend for approval by the district board of education all staff
appointments 	and 	other 	personnel 	actions, 	such 	as 	terminations,
suspensions, and compensation, including the appointment of school
business administrators;
3. Direct school district operations and programs;

OAL DKT. NO. EDU 07775-24
7
4. Supervise and evaluate building administrators and central office staff,
including school business administrators;
5. Oversee the administration and supervision of school-level operations,
staff, and programs; and
6. Serve as principal or supervisor as provided at (b) and (c) below.
(b) The principal endorsement is required for any position that involves
service as an administrative officer of a school or other comparable unit
within a school or school district. Such positions shall include assistant
superintendent for curriculum and instruction, principal, assistant principal,
vice principal, director, and supervisor. Holders of this endorsement shall
be authorized to:
1. Provide educational leadership by directing the formulation of goals,
plans, policies, budgets, and personnel actions of the school or other
comparable unit, by recommending them to the chief district administrator,
and by directing their implementation in the school or other comparable
unit;
2. Direct and supervise all school operations and programs;
3. Evaluate school staff, including teaching staff members; and
4. Direct the activities of school-level supervisors.
(c) 	The 	supervisor 	endorsement 	is 	required 	for 	both 	supervisors 	of
instruction and athletic directors who do not hold a standard principal's
endorsement. The supervisor shall have the authority and responsibility
for the continuing direction, evaluation, and guidance of teaching staff
members.
1. Effective January 1, 2018, the supervisor endorsement no longer shall
authorize 	appointment 	as 	an 	assistant 	superintendent 	in 	charge 	of
curriculum and/or instruction.
i. Holders of the supervisor endorsement issued prior to January 1, 2018,
shall 	continue 	to 	be 	authorized 	to 	hold 	a 	position 	as 	an 	assistant
superintendent in charge of curriculum and/or instruction.
(d) The school business administrator endorsement is required for the
chief financial officer of a school district. Such positions shall include
assistant superintendent for business, school business administrator, and
assistant school business administrator. Holders of this endorsement shall
be authorized to:
1. Perform duties at the school district level in the areas of financial budget
planning 	and 	administration, 	financial 	accounting 	and 	reporting,
insurance/risk administration, and purchasing; and
2. Engage in facilities planning, personnel administration, administration of
transportation 	and 	food 	services, 	and 	central 	data-processing
management.
In this matter there is no dispute that the position of Athletic Director operates
under the principal certificate with the principal endorsement. 	The issue is whether the
positions are separately tenurable in accordance with the regulations. The tenurable
positions listed in N.J.S.A. 18A:-28-5 are listed as follows:

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teacher, principal, other than administrative principal, assistant principal,
vice-principal, assistant superintendent, and all school nurses including
school nurse supervisors, head school nurses, chief school nurses, school
nurse 	coordinators, 	and 	any 	other 	nurse 	performing 	school 	nursing
services, school athletic trainer and such other employees as are in
positions which require them to hold appropriate certificates issued by the
board of examiners, serving in any school district or under any board of
education.
The position of Athletic Director is not listed in the regulation.
In Carpenito v Board of Education of the Rumson 322 N.J. Super. 522,534 (App.
Div. 1999) the Court stated :
A board of education must be permitted to maintain control over the
administration of its schools where its conduct is in compliance with the
tenor and spirit of the Tenure laws.
In Carpentino, the Court also stated, “A tenured teacher may be involuntarily
transferred to another position within his or her certification where no loss of salary or
other reduction in employment is suffered and the teacher is not singled out for the
transfer on a prohibited basis.” See, e.g., Greenway v. Board of Educ. City of Camden,
129 N.J.L. 46, 28 A.2d 99 (Sup.1942), aff'd, 129 N.J.L. 461, 29 A.2d 890 (1943) (finding
that transfer of tenured teacher from high school to junior high school without reduction
of salary and without impacting tenure rights gave teacher no cause of action); Williams
v. Plainfield Bd. of Educ., 176 N.J.Super. 154, 162-64, 422 A.2d 461 (App.Div.1980)
(holding that transfer of high school principal to position of elementary principal without
any immediate reduction in compensation nor a reduction in rank did not violate
principal's tenure rights), certif. denied, 87 N.J. 306, 434 A.2d 62 (1981); Lascari v.
Board 	of 	Educ. 	of 	Borough 	of 	Lodi, 	36 	N.J. 	Super. 	426, 	430, 	116 	A.2d 	209
(App.Div.1955) (concluding that transfer of vice principal to regular teaching duties
without reduction in salary was not a demotion or dismissal); Moore v. Cherry Hill
Township Bd. of Educ., 92 N.J.A.R.2d (Vol.4) 585 (Div. on Educ.), aff'd, 93 N.J.A.R.2d
(Vol.4) 	173 (Div. on [**543] 	Educ.) (determining that involuntary transfer of tenured
teacher from position teaching reading in departmentalized junior high school to a
position as third grade elementary teacher in connection with a district reorganization

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was not improper and teacher was not entitled to be returned to position); Ciarcia v.
Trenton City Bd. of Educ., 1991 S.L.D. 1422 (rejecting seniority claim of art teacher,
who 	was 	reassigned 	from 	secondary 	to 	elementary 	level 	as 	part 	of 	district
reorganization, where teacher suffered no loss of employment or salary reduction as a
result of the transfer); Stranzl v. Paterson Bd. of Educ., 2 N.J.A.R. 16 (Div. on
Educ.1980) (holding that tenure rights of elementary school principal were not violated
when board 	involuntarily 	transferred principal 	from 	his position to the position of
secondary school principal in the same district).
A transfer is not a demotion or a dismissal under such circumstances. Indeed,
transfers of teaching staff members are often advisable in the administration of schools
for a variety of reasons. Id at 542-543.
The case of Lascari v Board of Education 36 N.J. 426 (App. Div. 1955) was
decided prior to the position of Vice Principal being a tenured position. 	At that time the
only 	tenured 	positions 	were 	Teacher, 	Principal, 	Assistant 	Superintendent 	and
Superintendent. 	Lascardi was a vice principal who was transferred to the position of
teacher.
In Sanchez v Board of Education of Camden 2003 N.J. Agen Lexis 1388,
Sanchez was a tenured principal who was reassigned to serve as Acting Principal at a
second school. 	When the second school closed in the middle of the school year,
Sanchez was transferred to the position of Acting Vice Principal in a third school. 	The
Commissioner determined:
In this instance, the requirements of those statutes are clear. N.J.S.A.
18A:28-6 prohibits the transfer of a tenured teaching staff member to
another position without his consent. The express language of N.J.S.A.
18A:28-5 is clear that the positions of "principal" and "vice-principal" are
separately tenurable positions. Nelson v. Board of Educ. of Old Bridge,
148 N.J. 358 (1997).
In Nelson v. Board of Education 148 N.J. 358 (1996) the Court stated, “Whether
or not it was a proper interpretation of the Statute, the State Board had consistently held
that positions listed in N.J.S.A. 18A:28-5 were separately tenurable.” Id at 372. 	It also

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stated, “N.J.S.A. 18A:28-5 has consistently been interpreted by the State Board as
requiring service in the separately listed positions before tenure can be achieved in
them. 	That 	rule 	conforms 	to 	the 	Legislature's 	intent 	and 	represents 	a 	proper
interpretation of the Statute and sound educational policy. Id at 373-374.”
In this matter, the position of principal and the position of athletic director require
a principal certificate. 	However, a person with a supervisor certificate can become an
Athletic Director if he does not have a principal certificate. 	This is not a case where
petitioner was involuntarily transferred from a position in his certificate to a position that
required another certificate. 	N.J.S.A.18A: 28-5 does not enumerate the position of
Athletic Director as a tenurable position.
Although petitioner argues the move from Principal to Athletic Director is a
demotion, he has provided law or legal argument to substantiate this position. 	I
CONCLUDE that the positions of Principal and Athletic Director are not separately
tenurable positions under N.J.S.A `18A: 28-5.
ORDER
Petitioners’ motion for summary decision and respondent’s cross motion for
summary decision are hereby DENIED and respondent’s cross motion for summary
decision is GRANTED.
I hereby FILE this initial decision with the ACTING COMMISSIONER OF THE
DEPARTMENT OF EDUCATION for consideration.
This recommended decision may be adopted, modified, or rejected by the
ACTING COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is
authorized to make a final decision in this matter. 	If the Acting 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.

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Within thirteen days from the date on which this recommended decision was
mailed 	to 	the 	parties, 	any 	party 	may 	file 	written 	exceptions 	with 	the 	ACTING
COMMISSIONER OF THE DEPARTMENT OF EDUCATION. 	Exceptions may be
filed by email to ControversiesDisputesFilings@doe.nj.gov or by mail to Office of
Controversies and Disputes, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton,
New Jersey 08625-0500. 	A copy of any exceptions must be sent to the judge and to
the other parties.
December 9, 2024
DATE 	KIMBERLY A. MOSS, ALJ
Date Received at Agency: 	December 9, 2024
Date Mailed to Parties: 	December 9, 2024
ljb