In the Matter of the Suspension of the Teaching Certificates of Asem Ahmed, Board of Education of the Passaic County Manchester Regional High School District, Passaic County, 11/30/2023, (#355-23)

355-23
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificates of Asem Ahmed,
Board of Education of the Passaic County
Manchester Regional High School District,
Passaic County.
Synopsis
The petitioning Board sought the suspension of the teaching certificates of respondent – a non-tenured
Art 	teacher 	– 	following 	his 	resignation 	without 	providing 	the 	60-day 	notice 	required 	under
N.J.S.A. 18A:26-10. Respondent began working for the Board on February 21, 2023, under an
Employment Agreement that extended through June 30, 2023. 	On March 23, 2023, the respondent
submitted a letter of resignation with an effective date of May 24, 2023, initially providing the required
60-day notice. However, after meeting with the Superintendent on March 27th and verbally agreeing to
finish out the school year, the respondent abruptly resigned effective March 28 th , leaving no lesson
plans or information to assist his replacement.
The ALJ found, inter alia, that: there is no question that the respondent ceased to perform his duties
before the expiration of the term of employment; further, there is no question that respondent clearly
understood the 60-day notice requirement in his contract, as he had structured his starting date with
the Board based on fulfilling his 60-day notice obligation to his previous employer; 	respondent
compounded his contractual breach by failing to provide lesson plans or other transitional materials to
assist substitute teachers who were hired to cover respondent’s classes after his resignation; and
respondent’s resignation with only one day of notice was highly unprofessional. The ALJ concluded that
the respondent’s teaching certificate should be suspended for the maximum period allowed by
N.J.S.A. 18A:26-10. Accordingly, the ALJ ordered respondent’s certificate suspended for a period of one
year.
Upon review, the Commissioner concurred with the ALJ’s findings and conclusions, and adopted the
Initial Decision as the final decision in this matter. Respondent’s certificates were suspended for one
year from the filing date of this decision, a copy of which has been forwarded to the State Board of
Examiners for implementation of the suspension.
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. 06030-23
Agency Dkt. No. 180-7/23
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificates of Asem Ahmed,
Board of Education of the Passaic County
Manchester Regional High School District,
Passaic 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 only one day’s 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 Board’s motion for summary decision is granted, and 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:
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.
355-23
November 30, 2023
December 1, 2023

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 06030-23
AGY. DKT. NO. 180-7/23
IN THE MATTER OF THE SUSPENSION OF
THE TEACHING CERTIFICATES OF ASEM
AHMED, PASSAIC COUNTY MANCHESTER
REGIONAL HIGH SCHOOL DISTRICT
BOARD OF EDUCATION.
______________________________________
Rodney T. Hara, Esq., appearing for Petitioner, Passaic County Manchester
Regional 	High 	School 	District 	Board 	of 	Education 	(Fogarty 	& 	Hara,
attorneys)
No appearance by respondent, Asem Ahmed
Record Closed: October 23, 2023 	Decided: October 25, 2023
STATEMENT OF THE CASE AND PROCEDURAL HISTORY
Petitioner filed a Verified Petition together with an Order to Show Cause (OTSC)
with the Office of Controversies and Disputes of the New Jersey Department of
Education on June 29, 2023. Copies of the same were sent to the Respondent.
The OTSC was signed by the Acting Commissioner of Education and the same
was served upon the Respondent on July 6, 2023.

OAL DKT. NO. EDU 06030-23
2
The matter was transferred to the Office of Administrative Law (OAL) as a
contested case on July 11, 2023.
A prehearing conference was held on July 24, 2023, and a prehearing Order was
entered on the same date.
Petitioner requested a telephone conference to address a discovery issue. 	That
telephone conference was held on October 12, 2023. Petitioner dialed in. Respondent
did not. 	Respondent was provided with notice of the conference to his correct email
address.
Petitioner filed a motion on October 20, 2023 to suppress Respondent’s answer
and to bar his testimony for failure to provide discovery. Respondent did not file a
response.
The hearing was held on October 23, 2023. The Notice of Hearing specified 9:00
a.m. as the start time and the Office of Administrative Law at 33 Washington Street,
Newark, 	New 	Jersey 	as 	the 	location. 	Petitioner 	and 	counsel 	appeared 	timely.
Respondent did not appear at 9:00 a.m. 	The undersigned allowed thirty minutes for
Respondent to appear. 	He did not appear. 	No explanation, or adjournment request,
was received by Respondent.
In accordance with N.J.A.C. 1:1-10.5 and N.J.A.C. 1:1-14.14, Petitioner’s motion
to suppress Respondent’s Answer was granted on the record. 	The request in the
motion to bar Respondent’s testimony was moot as he failed to appear.
In accordance with N.J.A.C. 1:1-14.4(d) the matter proceeded as an ex parte
presentation of Petitioner’s proofs.
FINDINGS OF FACT
Based upon the evidence presented at the hearing as well as on the opportunity
to observe the witness and assess his credibility, I FIND the following:

OAL DKT. NO. EDU 06030-23
3
1. 	Respondent, Asem Ahmed, holds a Teaching Certificate, 01686194, in Art
instruction. (P-1)
2. 	Mr. Ahmed was employed by Passaic County Manchester Regional High
School District Board of Education as a Teacher of Art in accordance with an
Employment Agreement. 	Said employment was to commence on February 21,
2023, through June 30, 2023. (P-2)
3. 	In accordance with the Employment Agreement, either party could cancel
said agreement with sixty (60) days prior notice. (P-2)
4. 	Mr. 	Ahmed’s 	teaching 	class 	schedule 	was 	Monday 	through 	Friday,
commencing at 7:45 a.m. to 2:49 p.m. 	The schedule included six (6) class
periods, a period for PROF, a period for PREP and a period for LUNCH. (P3)
5. 	When Ahmed was interviewed by Superintendent Gary Lubisco, Jr., he
advised the Superintendent that he could not start immediately as he had to
honor 	his 	sixty 	(60) 	day 	notice 	requirement 	to 	his 	previous 	employer.
Accordingly, his start date was set as February 21, 2023. 	The art teacher
position had become vacant on January 4, 2023, after that teacher had satisfied
her sixty (60) day notice requirement when she resigned. 	(Lubisco testimony,
10/23/23 @ 9:38 – 9:39 a.m.)
6. 	Mr. Ahmed was well aware that he was required to provide sixty (60) days
prior notice should he resign. 	He indicated the same in his interview with
Superintendent Lubisco. (Lubisco testimony, 10/23/23 @ 9:41)
7. 	The prior art teacher, prior to her departure, provided the district with
lesson plans for her successor to continue art instruction. 	(Lubisco testimony,
10/23/23 @ 9:39 a.m.)
8. 	On March 23, 2023 Mr. Ahmed submitted a letter of resignation to John
Coviello, effective March 24, 2023 with sixty (60) days notice. (P-4)
9. 	Superintendent 	Lubisco 	met 	with Mr. 	Ahmed on March 27, 2023 	to
discuss his resignation. During said meeting 	Mr. Ahmed agreed to finish out

OAL DKT. NO. EDU 06030-23
4
the school year, as opposed to the required sixty (60) day notice, which would
end on May 24, 2023. 	(Lubisco testimony, 10/23/23 @ 9:45 – 9:46 a.m.)
10. 	Superintendent Lubisco confirmed this conversation in an email dated
March 27, 2023, to Mr. Coviello and Ms. Moser. (P-5)
11. 	Thereafter, Superintendent Lubisco learned that Mr. Ahmed advised his
supervisor that his last day was March 28, 2023. 	(P-6 and Lubisco testimony,
10/23/23 @ 9:49 – 9:50 a.m.)
12. 	Superintendent Lubisco, via email dated March 29, 2023, informed Mr.
Ahmed that he was contractually required to work until May 24, 2023, and that
failure to do so could result in the suspension of his teaching certificate for up to
one year. (P-6)
13. 	Thereafter, Superintendent Lubisco telephoned Mr. Ahmed on March 31,
2023 regarding the abandonment of his teaching position, wherein Mr. Ahmed
said 	he 	would 	think 	about 	his 	contractual 	obligation 	over 	the 	weekend.
Superintendent Lubisco confirmed the conversation via email dated March 31,
2023. (P-7 and . (Lubisco testimony, 10/23/23 @ 9:53 – 9:54 a.m.)
14. 	Superintendent Lubisco followed up with another email, dated April 4,
2023 advising that a decision by Mr. Ahmed was needed that date. 	(P-8 and .
(Lubisco testimony, 10/23/23 @ 9:55 – 9:56 a.m.)
15. 	Superintendent Lubisco received no response from Mr. Ahmed. (Lubisco
testimony, 10/23/23 @ 9:55 – 9:56 a.m.)
16. 	The failure of Mr. Ahmed to fulfill his contractual obligation caused a
significant strain on the District. 	Mr. Ahmed did not provide lesson plans for his
successor. 	This is outside the norm of professional conduct for teachers.
(Lubisco testimony, 10/23/23 @ 9:57 – 9:59 a.m.)

OAL DKT. NO. EDU 06030-23
5
LEGAL ANALYSIS AND CONCLUSION
In his several emails to Mr. Ahmed, Superintendent Lubisco cites N.J.S.A.
18A:28-8, which states:
Any teaching staff member, under tenure of service,
desiring to relinquish his position shall give the employing
board of education at least 60 days written notice of his
intention, unless the board shall approve of a release on
shorter notice and if he fails to give such notice he shall be
deemed 	guilty 	of 	unprofessional 	conduct 	and 	the
commissioner may suspend his certificate for not more than
one year.
However, the record clearly demonstrates that Mr. Ahmed was a non-tenured
teacher. His employment agreement states as much, referring to him as a non-tenured
certificated employee. Accordingly, N.J.S.A. 18A:28-8 is not the applicable statute.
N.J.S.A. 18A:26-10 would be the controlling statute, which states in pertinent
part:
Any teaching staff member employed by a board of
education or an approved private school for the disabled,
who shall, without the consent of the board or, in the case of
an approved private school for the disabled, the board of
directors of the school, 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, upon receiving notice thereof, suspend
his certificate for a period not exceeding one year.
In the instant matter, there is no question that Mr. Ahmed ceased to perform his
duties before the expiration of the term of employment. 	He failed to provide the
requisite sixty (60) day prior notice as spelled out in his employment contract. 	He was
well aware he was required to provide such notice. 	The only question remaining is to
what, if any suspension would be appropriate.
Mr. Ahmed, by simply leaving his teaching position, placed the District in a very
difficult position, as described by the testimony of Superintendent Lubisco. 	The District

OAL DKT. NO. EDU 06030-23
6
was compelled to hire substitute teachers and utilize other methods which provided a
lesser learning experience for the student. 	He compounded his contractual breach by
failing to provide any transitional materials. 	He did nothing to help smooth the
transition. 	He did not provide lesson plans which could have been used by the
substitute teachers. He acted in an extremely unprofessional manner.
Based upon the foregoing I 	CONCLUDE that Respondent’s teaching certificate
should be suspended for the maximum period allowable by N.J.S.A. 18A:26-10.
ORDER
It is hereby ORDERED that the Certificate of Respondent, Asem Ahmed, be
suspended for a period of 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.

OAL DKT. NO. EDU 06030-23
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.
October 25, 2023
DATE 	THOMAS R. BETANCOURT, ALJ
Date Received at Agency:
Date Mailed to Parties:
db

OAL DKT. NO. EDU 06030-23
8
APPENDIX
List of Witnesses
For Petitioner:
Gary Lubisco, Jr.
For Respondent:
None
List of Exhibits
For Petitioner:
P-1 	Teaching Certificates of Respondent, Asem Ahmed
P-2 	Employment Agreement
P-3 	Email from John Coviello dated June 27, 2023
P-4 	Formal resignation of Asem Ahmed
P-5 	Email from Gary Lubisco, Jr. dated March 27, 2023
P-6 	Email from Gary Lubisco, Jr. dated March 29, 2023
P-7 	Email from Gary Lubisco, Jr. dated March 31, 2023
P-8 	Email from Gary Lubisco, Jr. dated April 4, 2023
For Respondent:
None
Motion Papers:
For Petitioner:
Letter brief dated October 20, 2023 with motion to suppress Respondent’s Answer and
preclude Respondent’s testimony with Exhibits A and B
Proof of Filing and Service
Certification of Rodney T. Hara, Esq, with Exhibits A through D

OAL DKT. NO. EDU 06030-23
9
For Respondent:
None
Pleadings
Order to Show Cause (OTSC)
Verified Petition
Answer