Jennifer Rome v. Board of Education of the Township of Willingboro, Burlington County, 6/27/2023, (#189-23)

189-23
New Jersey Commissioner of Education
Final Decision
Jennifer Rome,
Petitioner,
v.
Board of Education of the Township of
Willingboro, Burlington County,
Respondent.
Synopsis
Petitioner alleged that the respondent Board violated her tenure rights by terminating her employment at
the end of her contract term in June 2022. Petitioner asserted that she obtained tenure as the result of her
four years of non-consecutive employment within a five-year period with the Board, pursuant to
N.J.S.A. 18A:28-5. The Board contended that petitioner did not obtain tenure because her initial short-term
employment was to fill an absence, which is an exception to the tenure accrual statute and not entitled to
credit towards tenure. The Board filed a motion for summary decision, which was opposed by the
petitioner.
The ALJ found, inter alia, that: there are no material facts at issue here, and the matter is ripe for summary
decision; petitioner was hired as a computer teacher on August 30, 2017, to fill a long-term absence; the
contract for this temporary position provided that it could be terminated by either party upon thirty days’
notice; 	petitioner served in the position as computer teacher until January 2018; 	in a subsequent
application for employment with the school district, petitioner indicated that her prior position with the
Board had been as a “long-term sub”; 	petitioner was retained as an elementary school teacher on
October 15, 2018; and her employment continued under annual contracts for the 2019-2020, 2020-2021,
and 2021-2022 school years; 	petitioner was advised on April 22, 2022 that the District would not renew
her contract for the following school year; 	and N.J.S.A. 18A:16-1 specifically addresses the tenure
acquisition rights of employees filling long-term substitute positions, providing in relevant part that “no
person so acting shall acquire tenure in the office or employment in which he acts pursuant to this section
when so acting.” The ALJ concluded that the petitioner did not obtain tenure rights in the District through
benefit of the long-term substitute contract in the 2017-2018 school year, and therefore did not have
sufficient time to acquire tenure in the district.
Upon review, the Commissioner concurred with the ALJ that petitioner did not acquire tenure because her
position during the 2017-2018 school year as a long-term substitute cannot be included in the calculation of
her years of service pursuant to N.J.S.A. 18A:16-1.1. Accordingly, the Board’s motion for summary decision
was granted, and the petition of appeal 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. 07452-22
Agency Dkt. No. 174-7/22
New Jersey Commissioner of Education
Final Decision
Jennifer Rome,
Petitioner,
v.
Board of Education of the Township of
Willingboro, Burlington County,
Respondent.
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 (ALJ) that petitioner
did not acquire tenure because her position during the 2017-2018 school year was a long-term
substitute position that is not included in the calculation of her years of service pursuant to
N.J.S.A. 18A:16-1.1.
Accordingly, the Board’s motion for summary decision is granted, and the petition of appeal is
hereby dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1.
Under N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date
of mailing of this decision.
189-23
June 27, 2023
June 28, 2023

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
SUMMARY DECISION
OAL DKT. NO. EDU 07452-22
AGENCY DKT. NO. 174-7/22
JENNIFER ROME,
Petitioner,
v.
WILLINGBORO TOWNSHIP BOARD OF
EDUCATION, BURLINGTON COUNTY,
Respondent.
__________________________________
Jennifer Rome, petitioner, pro se
Mark W. Starsle, Esq., for respondent (Madden & Madden, PA, attorneys)
Record Closed: April 12, 2023 Decided: May 17, 2023
BEFORE SARAH G. CROWLEY, ALJ:
STATEMENT OF THE CASE
Petitioner, Jennifer Rome alleges the respondent, Willingboro Township Board of
Education (Board or District) violated her tenure rights by terminating her at the end of
her contract term in June 2022. Petitioner alleges that she obtained tenure due to her
four years of non-consecutive employment within a five-year period with the Board

OAL DKT. NO. EDU 07452-22
2
pursuant to N.J.S.A. 18A: 28-5. The Board counters that the petitioner did not obtain
tenure due to her initial short-term contract to fill an absence, which is an exception to
the tenure accrual statute, and not entitled to credit towards tenure. The petitioner filed
a due process complaint and the matter was transmitted to the Office of Administrative
Law (OAL), where it was filed for hearing as a contested case on August 29, 2023,
pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to 3. The Board filed a
motion for summary decision on March 21, 2023. Opposition was filed by the petitioner
and oral argument was heard via Zoom on April 12, 2023, and the record closed.
FACTUAL DISCUSSION AND FINDINGS
Based on the documents and certifications filed in this matter, I FIND the
following as FACTS:
1. Petitioner was retained by the District on August 30, 2017, to fill a long-term
absence as a computer teacher.
2. The contract provides that it may be terminated by either party upon thirty-
days’ notice.
3. The petitioner served in this position from August 30, 2017, until January
2018.
4. In a subsequent application for employment with the District, petitioner
indicated that her prior position was a “long-term sub.”
5. Thereafter, on October 15, 2018, petitioner was retained as an elementary
school teacher. Subsequent elementary school teacher contracts were
executed for the 2019–2020, 2020–2021, and 2021–2022 school years.
6. Petitioner worked for less than four years in a tenure eligible position for the
District.

OAL DKT. NO. EDU 07452-22
3
7. On April 22, 2022, the District advised the petitioner of its intention not to
renew petitioner’s contract for the following school year.
LEGAL ANALYSIS AND CONCLUSIONS
It is well-established that if there is no genuine issue as to any material fact, a
moving party is entitled to prevail as a matter of law. Brill v. The Guardian Life
Insurance Co. of America, 142 N.J. 520, 540 (1995). The purpose of summary decision
is to avoid unnecessary hearings and their concomitant burden on public resources.
Under the Brill standard, a fact-finding hearing should be avoided “when the evidence is
so one-sided that one party must prevail as a matter of law.” Brill guides us thusly:
[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
factfinder to resolve the alleged disputed issue in favor of the
non-moving party.
[Id. at 540.]
In this case, the petitioner argues that she obtained tenure under N.J.S.A.
18A:28-5. The petitioner argues that the time in which she was retained for the short-
term contract for a long-term substitute constitutes time toward her tenure. The District
argues that her time as a long-term substitute does not court towards the accrual of
tenure under the language of N.J.S.A. 18A:16-1.1.
The petitioner has argued that she obtained her tenure under N.J.S.A. 18A:28-5,
and that her long-term substitute position should count toward her accumulation of time
for tenure. She argues, without any support, that this was a full-time position which
should count toward tenure. However, she was terminated at the end of the contract
period in December 2018, and acknowledged in her application for a new position with
the District that she was “a long-term substitute” during the 2017–2018 school year.
N.J.S.A.18A:16-1 specifically addresses the tenure acquisition rights of employees
filling long-term substitute positions. The statute provides in relevant part that “no

OAL DKT. NO. EDU 07452-22
4
person so acting shall acquire tenure in the office or employment in which he acts
pursuant to this section when so acting. Spiewak v. Bd. of Education of Rutherford, 90
N.J. 63 (1982).
Accordingly, I CONCLUDE that the petitioner did not obtain tenure rights in the
District due to the long-term substitute contract in the 2017–2018 school year, and
accordingly insufficient time to acquire tenure.
ORDER
For the foregoing reasons, I ORDER that the motion of respondent Willingboro
Township Board of Education is GRANTED, and the 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.

OAL DKT. NO. EDU 07452-22
5
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.
May 17, 2023
DATE SARAH G. CROWLEY, ALJ
Date Received at Agency:
Date Mailed to Parties:
SGC/nn