KELLY LACIK V. BOARD OF EDUCATION OF THE TOWNSHIP OF EDISON, MIDDLESEX COUNTY, 5/27/14, (226-14)

#226-14 (OAL Decision: http://njlaw.rutgers.edu/collections/oal/html/initial/edu08821-11_1.html)
KELLY LACIK, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
TOWNSHIP OF EDISON,
MIDDLESEX COUNTY, 	:
RESPONDENT. 	:
_______________________________________
SYNOPSIS
Petitioner, a non-tenured teacher formerly employed by respondent’s school district, appealed
the Board’s determination not to offer her a teaching contract for the 2011-2012 school year.
Petitioner asserted that the actions of the respondent Board were arbitrary, capricious and taken
in bad faith, arguing that she had favorable performance evaluations during her final year with
the school district. The respondent Board contended that petitioner was not offered a contract for
a fourth year of employment because of performance issues in her first three years with the
school district.
The ALJ found, inter alia, that: petitioner worked in respondent’s school district for three years,
but had not acquired tenure; local boards of education have virtually unlimited discretion to
terminate the services of a non-tenured teacher; 	petitioner’s well-documented performance
record, which repeatedly identified ongoing deficiencies in various areas, is plainly more than
sufficient to show that the Board’s decision not to renew petitioner’s contract was not arbitrary,
capricious or unreasonable; and the district superintendent had ample grounds to determine that
petitioner’s nonrenewal was appropriate. The ALJ concluded that the petitioner failed to
demonstrate that the Board’s actions in terminating her employment were arbitrary, capricious,
unreasonable, or taken in bad faith and, accordingly, there is no basis for the Commissioner to
interfere with the Board’s vast discretion in this matter. The ALJ ordered the petitioner’s appeal
dismissed.
Upon a full and independent review, the Commissioner concurred with the Administrative Law
Judge that petitioner failed to meet her burden to show that respondent acted in an arbitrary,
capricious or unreasonable manner, and dismissed the petition.
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.
May 27, 2014

OAL DKT. NO. EDU 8821-11
AGENCY DKT. NO. 181-7/11
KELLY LACIK, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
TOWNSHIP OF EDISON,
MIDDLESEX COUNTY, 	:
RESPONDENT. 	:
_______________________________________
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL) have been reviewed, as have the exceptions filed pursuant to N.J.A.C. 1:1-18.4 by the
petitioner, Kelly Lacik, and the Board of Education’s (Board) reply thereto.
Upon a comprehensive review of the record in this matter, the Commissioner concurs
with the ALJ – for the reasons thoroughly set forth in the Initial Decision – that the Board’s decision
to non-renew the petitioner for the 2011-2012 school year was not arbitrary, capricious or
unreasonable. 	The Commissioner also finds the exceptions submitted by the petitioner to be
unpersuasive, as they largely replicate arguments advanced at the OAL which were fully considered
and appropriately addressed by the ALJ in the Initial Decision. Accordingly, the Initial Decision of
the OAL is adopted as the final decision in this matter and the petition of appeal is hereby dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	May 27, 2014
Date of Mailing: 	May 29, 2014
1 Pursuant to P.L. 2008, c. 36 (N.J.S.A. 18A:6-9.1), Commissioner decisions are appealable to the Superior Court,
Appellate Division.
1