EDITH MELIE V. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK, ESSEX COUNTY, 3/11/02 (#82-02)

82-02
EDITH MELIE, 	:
PETITIONER, 	:
V. 	:
COMMISSIONER OF EDUCATION
STATE-OPERATED SCHOOL DISTRICT 	:
OF THE CITY OF NEWARK, ESSEX 	DECISION
COUNTY, 	:
RESPONDENT. 	:
_____________________________________________ :
SYNOPSIS
Petitioning teacher challenged the withholding of her increment for the 1999-2000 school year.
After hearing testimony and receiving evidence, the ALJ determined that the District properly
withheld petitionerís increment based, inter alia, on her failure to use effective instructional
methods, establish and maintain discipline and failure to appraise the effectiveness of her own
instructional program and methods.
The Commissioner affirmed the decision of the ALJ and dismissed the petition.
This synopsis is not part of the Commissionerís decision. It has been prepared for the convenience of the
reader. It has been neither reviewed nor approved by the Commissioner.
March 11, 2002

22
OAL DKT. NO. EDU 10217-00
AGENCY DKT. NO. 410-11/00
EDITH MELIE, 	:
PETITIONER, 	:
V. 	:
COMMISSIONER OF EDUCATION
STATE-OPERATED SCHOOL DISTRICT 	:
OF THE CITY OF NEWARK, ESSEX 	DECISION
COUNTY, 	:
RESPONDENT. 	:
_____________________________________________ :
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL) have been reviewed. 	The parties did not file exceptions.
Upon careful and independent review of the record, which includes transcripts of the
hearings conducted at the OAL on October 22 and October 23, 2001, the Commissioner determines to
affirm the Initial Decision. As noted, it is petitionerís burden to prove, by a preponderance of the credible
evidence, that the Districtís decision to withhold her increment was arbitrary, capricious or unreasonable,
based on the facts. 	See Kopera, supra. 	Finding no cause to disturb the findings, credibility
determinations and conclusions of the ALJ, the Commissioner concurs that petitioner has failed to meet
her burden.
Accordingly, the within Petition of Appeal is dismissed.
IT IS SO ORDERED. *
COMMISSIONER OF EDUCATION
Date of Decision: 3/11/02
Date of Mailing: 	3/11/02
* This decision, as the Commissionerís final determination, may be appealed to the State Board of Education
pursuant to N.J.S.A. 18A:6-27 et seq. and N.J.A.C. 6A:4-1.1 et seq., within 30 days of its filing. Commissioner
decisions are deemed filed three days after the date of mailing to the parties.