Mindy Prosperi v. New Jersey Department of Education, State Board of Examiners, 2/25/2020, (#75-20)

New Jersey Commissioner of Education
Final Decision
Mindy Prosperi,
Petitioner,
v.
New Jersey State Board of Examiners,
Respondent.
Synopsis
Pro-se petitioner appealed the determination of the respondent – the State Board of Examiners
(SBE) – that she had not met the requirements for issuance of a Teacher of Computer Science
Technology Certificate (CTE). The SBE filed a motion to dismiss in lieu of a response.
The ALJ found that: 	prior to the hearing date, a status conference was scheduled; 	during the
conference, petitioner advised that after her review of new Department guidelines for issuance of
the CTE, she was withdrawing her appeal. Accordingly, the ALJ concluded that this matter is no
longer a contested case and ordered the case dismissed.
The 	Commissioner 	concurred 	with 	the 	determination 	of 	the 	ALJ 	herein; 	accordingly, 	the
Initial Decision of the OAL was adopted as the final decision in this matter. 	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.
February 25, 2020
75-20

OAL Dkt. No. EDU 12060-19
Agency Dkt. No. 151-6/19
New Jersey Commissioner of Education
Final Decision
Mindy Prosperi,
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
have been reviewed. The parties did not file exceptions to the Initial Decision.
Upon such review, the Commissioner concurs with the Administrative Law Judge’s
determination – for the reasons stated in the Initial Decision – that the petitioner has voluntarily
agreed to dismiss the petition of appeal. 	Accordingly, the Initial Decision is adopted as the final
decision in this matter and the petition of appeal is dismissed.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	February 25, 2020
Date of Mailing: 	February 26, 2020
1 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
DISMISSAL
OAL DKT. NO. EDU 12060-19
AGENCY DKT. NO. 151-6/19
MINDY PROSPERI.,
Petitioner,
v.
NEW 	JERSEY 	DEPARTMENT 	OF
EDUCATION 	STATE 	BOARD 	OF
EXAMINERS,
Respondent.
_________________________________
Mindy Prosperi, petitioner, pro se
Michal Czarnecki, Deputy Attorney General for respondent (Gurbir S. Grewal,
Attorney General of New Jersey, attorney)
Record Closed: January 28, 2020 	Decided: January 28, 2020
BEFORE JOANN LASALA CANDIDO, ALAJ:
STATEMENT OF THE CASE
Petitioner, Mindy Propseri, challenges respondent’s denial of her application for
issuance of a Teacher of Computer Science Technology Certificate. 	In lieu of an

OAL DKT. NO. EDU 12060-19
2
answer respondent filed a Motion to Dismiss on August 16, 2019. Shortly thereafter the
matter was transmitted to the Office of Administrative Law (OAL) for determination as a
contested case pursuant to N.J.S.A. 52:14F-1 to -13. 	On September 6, 2019, the
undersigned sent correspondence to petitioner requesting that she submit a response to
respondent’s motion by September 16, 2019. 	A telephone prehearing was conducted
on September 17, 2019, wherein the parties agreed on a hearing date of November 15,
2019.
Prior to the hearing date, respondent’s counsel requesting an adjournment to
allow 	petitioner 	to 	review 	the 	new 	guidelines 	regarding 	the 	Computer 	Science
Technology Certificate. 	The November hearing date was cancelled and a status
conference was December 12, 2019. During the pendency of the conference, petitioner
advised that she would be withdrawing her appeal. 	A letter was submitted from
petitioner stating:
“I am writing to request that we cancel the hearing about the above-
referenced matter. 	I am 	pleased that 	the 	Department of 	Education
released new guidelines regarding the CTE certificate I was previously
denied.” . . . .
Said correspondence is attached hereto for reference.
Based on the foregoing, I CONCLUDE that this matter is no longer a contested
case before the Office of Administrative Law. 	It is therefore ORDERED that this matter
be and is hereby 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

OAL DKT. NO. EDU 12060-19
3
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.
January 28, 2020
DATE 	JOANN LASALA CANDIDO, ALAJ
Date Received at Agency: 	January 28, 2020
Date Mailed to Parties:
ljb