In the Matter of the Suspension of the Teaching Certificates of Helene Nguessan, Team Academy Charter School, Essex County, 11/06/2023, (#333-23)

OAL Dkt. No. EDU 10384-22
Agency Dkt. No. 286-10/22
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificate of Helene Nguessan, Team
Academy Charter School, Essex County
The record of this matter, the Initial Decision of the Office of Administrative Law (OAL),
the exceptions filed by petitioner, TEAM Academy Charter School, Inc., pursuant to N.J.A.C. 1:1-
18.4, and the reply filed by respondent, Helene Nguessan, have been reviewed and considered.
Petitioner initiated this matter to suspend respondent’s teaching certificate pursuant to
N.J.S.A. 18A:26-10, alleging that she resigned from her teaching position with the TEAM
Academy Charter School without providing sixty days’ notice as was required under her
employment contract. After respondent filed an answer, the matter was transmitted to the
OAL for a contested hearing. The Administrative Law Judge (ALJ) made numerous factual
findings and concluded that respondent’s certificate should not be suspended. The ALJ
reasoned that respondent did not cease to perform her duties before the expiration of the
sixty-day notice period because: (1) on September 2, 2022, her doctor determined that she
could not return to work due to a stress-related issue, and (2) on that same day, petitioner
terminated her employment.
333-23

2
In their exceptions, petitioner denies that it terminated respondent’s employment and
claims instead that respondent voluntarily abandoned her position on September 2, 2022.
Specifically, petitioner takes issue with the ALJ’s finding regarding an email dated September 2,
2022, from petitioner to respondent. Petitioner’s Exceptions, at 9. Page 6 of the ALJ’s Initial
Decision states: “Nguessan received an email from KIRA [the location at which respondent was
employed] dated September 2, 2022, stating that September 2, 2022, was her last day and she
would be paid until September 15, 2015 [sic].” Initial Decision, at 6. Petitioner asserts that no
such email was presented at the hearing “because it does not exist” and that, therefore, the
ALJ’s finding regarding the termination is unfounded. Petitioner’s Exceptions, at 9.
In reply, respondent argues, among other things, that petitioner did terminate her
employment on September 2, 2022, before the sixty-day notice period ended. Regarding the
email referenced by the ALJ in her Initial Decision, respondent claims that it does exist “but was
dated September 20, 2022,” not September 2, 2022, which suggests that the ALJ made a
typographical error. Respondent’s Reply, at 4. Respondent further asserts that although
testimony was taken about the September 20, 2022, email during the hearing, the email was
not moved into evidence because respondent’s counsel “only received it the day of the
hearing.” Id. at 4-5.
Upon careful review and consideration, the Commissioner is constrained to remand this
matter to the OAL to resolve the evidentiary issue raised in petitioner’s exceptions regarding
the September 2, 2022, email referenced on page 6 of the ALJ’s Initial Decision, and to resolve

3
the related factual dispute concerning whether petitioner terminated respondent’s
employment on September 2, 2022.
Although the Initial Decision suggests that the ALJ relied upon an email dated
September 2, 2022, to support her finding that petitioner terminated respondent on that date,
the case record received from the OAL does not contain a copy of that email. Adding to the
confusion, respondent supplied an email to the Commissioner with her reply exceptions dated
September 20, 2022, related to her separation from employment with petitioner and suggested
that this email was in fact the email referenced by the ALJ in the Initial Decision. But this email
is not contained in the case file, either. The Commissioner cannot consider evidence that is not
part of the record when rendering a final decision. See N.J.S.A. 52:14B-10(d) (“A final decision
shall include findings of fact and conclusions of law, separately stated and shall be based only
upon the evidence of record at the hearing . . . .”). Furthermore, neither party provided the
Commissioner with the hearing transcripts, and it is unclear from the Initial Decision whether
any of the witnesses testified about either an email dated September 2, 2022, or an email
dated September 20, 2022.
Accordingly, the Commissioner hereby remands this matter to the OAL for the ALJ to
clarify whether the September 2, 2022, email referenced on page 6 of the Initial Decision was
moved into evidence. If the ALJ’s findings regarding the September 2, 2022, email were
intended to describe the email dated September 20, 2022 (supplied by respondent with her
reply exceptions), the ALJ should clarify same and confirm whether that email was moved into
evidence. In addition, the ALJ should clarify whether there was an alternative evidentiary basis

4
for her finding that petitioner terminated respondent on September 2, 2022 (e.g., witness
testimony), independent of any emails from petitioner to respondent.
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.
November 6, 2023
November 8, 2023

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
AMENDED
INITIAL DECISION
OAL DKT. NO. EDU 10384-22
AGENCY DKT. NO. 286-10/22
IN THE MATTER OF THE SUSPENSION OF
THE TEACHING CERTIFICATE OF HELENE
NGUESSAN 	TEAM 	ACADEMY 	CHARTER
SCHOOL, ESSEX COUNTY,
______________________________________
Thomas O. Johnston, Esq. for Petitioner (The Johnson Law Group, LLC)
Steven V. Schusler, Esq., for Respondent
Record Closed: August 17, 2023 	Decided: August 25, 2023
BEFORE KIMBERLY A. MOSS, ALJ:
Respondent 	Helene 	Nguessan 	opposes 	the 	suspension 	of 	her 	teaching
certificates for allegedly resigning from the Team Academy Charter School, (TACS or
petitioner) without giving sixty days’ notice.
This 	matter 	was 	forwarded 	to 	the 	Office 	of 	Administrative 	Law 	from 	the
Department of Education on November 17, 2022, as a contested matter. 	The hearing
was held on June 1, 2023. 	Closing briefs were received on July 7, 2023. 	Reply briefs
were received on August 17, 2023, at which time I closed the record.

OAL DKT. NO. EDU 10384-22
2
FACTUAL DISCUSSION
TESTIMONY
Dana Kerrihard
Dana Kerrihard (Kerrihard) is the employee relations manager at TACS. KIP
Team and Family is the corporate office that manages TACS. Kerrihard supports
schools 	in 	human 	relations, 	teaching 	certificates 	and 	school-based 	employment
matters. 	One of the KIP schools is KIP Upper Roseville School (KIRA). 	When an
employ resigns, the resignation goes to employee relations to determine the last date of
employment. 	Nguessan was employed by TACS at KIRA. 	She began prior to 2022.
Nguessan’s 2022-2023 employment contract with TACS states the renewal job location
and salary. 	The contract is signed by the executive director of TACS and Nguessan.
Nguessan signed the contract digitally on May 17, 2022. 	Nguessan was offered the
position of teacher at KIRA in the 2022-2023 contract. The contract states that if
Nguessan resigns, she must give sixty days’ notice. 	Nguessan’s resignation letter was
dated August 3, 2022. 	It stated that she was leaving her position on August 12, 2022.
This was not compliant with the sixty days’ notice required by the contract. 	The
students start back to school in mid-August.
On August 9, 2022, Nguessan agreed to comply with the sixty-day notice
requirement. 	Her retirement date would be October 3, 2022. 	Nguessan was a
Kindergarten 	teacher. 	She 	was 	moved 	to 	the 	position 	of 	enrichment 	teacher.
Nguessan was given two paid time off days. 	She did not appear at the school in
September 2022. 	She did not work until October 3, 2022. 	Nguessan provided a
doctor’s note dated September 2, 2022, stating that she was in the doctor’s office on
that date and that she was not cleared to return to work.
On August 30, 2022, Nguessan stated that she would only come to work through
the end of the week. 	Nguesan’s termination was effective September 2, 2022. 	She
was paid through September 15, 2022.

OAL DKT. NO. EDU 10384-22
3
Nguessan had issues with being an enrichment teacher and not receiving the
swag that the other teachers received. 	Nguessan felt that she was being treated
unfairly and felt that there was a lack of honesty. 	Kerrihard was unclear as to what the
lack of honesty was that Nguessan referred to.
Helene Nguessan
Nguessan taught kindergarten at KIRA for three years. In May 2022, she signed
a contract with TACS for the 2022-2023 school year. 	She intended to teach at KIRA
that year. In mid-July 2023, she was contacted by a Paterson school administrator who
had saw her resume. 	She interviewed for a teaching position at Paterson Art and
Science Middle School. 	She was offered the position in Patterson on July 29, 2022.
She accepted the position at Paterson on August 1, 2022.
Nguessan gave TASC two weeks’ notice that she would be leaving. 	She spoke
to Sam Geffrard on August 3, 2023, regarding her resignation. Nguessan was informed
that she was required to give sixty days’ notice, which she agreed to do. 	The 2022-
2023 contract that Nguessan signed required her to give two months’ notice if she
resigned. She did not remember this provision of the contract when she gave KIRA two
weeks’ 	notice. 	Nguessan 	had 	previously 	been 	a 	teacher 	in 	Connecticut, 	where
teachers had to give two weeks’ notice when they left.
On August 8, 2022, an enrichment teacher, Thompson expressed to Nguessan
that she wanted to return to kindergarten teaching. Nguessan told Thompson that there
was a position open at KIRA since Nguessan was leaving. 	Thompson took over the
kindergarten teaching position on August 10, 2022.
There was a change in the pattern of communication with the teachers at KIRA at
this time. 	Nguessan did not receive communications. 	Her schedule was not set.
Nguessan asked Geffrard if she could use PTO days to attend orientation at Paterson
Art and Science Middle School but was refused. 	Nguessan intended to complete her

OAL DKT. NO. EDU 10384-22
4
contract with TACS through October 3, 2022, but she felt under pressure every day
since she gave her resignation.
Having reviewed the testimony and evidence, I FIND the following FACTS in this
case.
KIP Team and Family is a corporate office that manages TACS. 	Kerrihard is an
employee relations manager at TACS. 	KIP Team and Family through TACS owns
KIRA.
Nguessan 	was 	employed 	by 	TACS 	at 	KIRA. 	She 	was 	employed 	as 	a
kindergarten teacher at KIRA for three years. 	Nguessan was told in January 2022 that
she 	would 	be 	offered 	the 	position 	of 	Kindergarten 	Grade 	Level 	Chair 	at 	KIRA.
Nguessan signed the employment contract with TASC in May 2022. 	The contract was
for teaching at KIRA for the 2022-2023 school year. 	The contract did not state that
Nguessan would be the Kindergarten Grade Level Chair. 	The contract stated that if
Nguessan were to resign, she would have to give sixty days’ notice. If an employee
does not give adequate notice, the employee will be referred to the Department of
Education for not following through on the contract agreement. 	This affects the status
of teaching certificates.
On August 3, 2022, Nguessan submitted a resignation letter to TASC stating that
she was leaving her position on August 12, 2022. Once Kerrihard received Nguessan’s
resignation letter, she informed Nguessan of the sixty-day requirement which would
mean that her resignation date is October 3, 2022. Nguessan was told that if she did not
comply, that the matter would be referred to the Department of Education.
On August 9, 2022, Nguessan agreed to comply with the sixty-day notice
provision of her contract. 	Nguessan was to be an enrichment teacher until she
completed the sixty-day notice period. Her resignation would be effective on October 3,
2022.

OAL DKT. NO. EDU 10384-22
5
Enrichment teachers support other teachers. 	Another teacher, Thompson, was
moved to the kindergarten teacher position. 	Teachers can be moved to other teaching
positions. 	The 	contract 	signed 	by 	Nguessan 	did 	not 	limit 	Nguessan’s 	duties 	to
kindergarten teacher. Thompson and Nguessan’s positions were switched. On August
18, 2022, Nguessan confirmed that the kindergarten teacher position had been filled.
Nguessan believed that with the kindergarten teaching position filled she could leave
KIRA prior to October 3, 2022, sixty days after she gave notice of her resignation.
Nguessan 	received 	an 	email 	from 	Kerrihard 	on 	August 	19, 	2022, 	stating 	it 	was
necessary for her to fulfill her contractual obligation. The school can agree to an earlier
resignation notice time if the position is filled before the sixty-day notice period. 	In this
matter TACS needed to hire a new teacher and it is difficult getting new teachers in
August.
Nguessan 	on 	August 21, 	2022, 	was 	offered 	a 	higher 	position at 	KIRA 	of
kindergarten grade level chair by Geffrard. 	She had previously been offered the
position in January 2022, but it was not the position listed in her 2022-2023 contract.
She refused the position. TACS was not originally going to have this position.
In August 2022, there was a staff development day. 	Swag was put out for the
staff by their name tags. 	There was no swag put out for Nguessan. 	This was an
oversight and Nguessan later received the swag. There was a change in the pattern of
communication with the teachers at KIRA at this time at this time. 	Nguessan did not
receive communications. Her schedule was not set.
Jasmine Ballard, the Director of Operations at KIRA told Nguessan at 7:15 a.m.
one day in August 2022, that she had to move her belongings to another room.
Nguessan was not assigned a room to put her belongings in as an enrichment teacher.
She was told to put her belongings in Thompson’s former room. 	One day the door to
Thompson’s former room was locked.

OAL DKT. NO. EDU 10384-22
6
Nguessan was frustrated at how she was being treated at KIRA. She also began
having physical problems. 	She did not have a set schedule; nothing was consistent
after she gave her resignation notice. 	She felt that she was being punished because
she did not accept the kindergarten grade level chair position.
On September 2, 2022, Nguessan was again asked to move her belongings to
another room. 	She was told that the room where she had her belongings was going to
be used later in the day. 	She began experiencing stress. 	She scheduled a doctor’s
appointment within one hour of being told to remove her belongings. She asked staff at
KIRA if she could see a doctor. 	Nguessan had an enrichment class from 9:30-
11:00a.m. 	She was told that she could not leave. 	Eventually, the head of the
department 	took 	over 	the 	enrichment 	class 	and 	Nguessan 	went 	to 	the 	doctor’s
appointment.
Nguessan went to Dr. Rena Levykh-Chase on September 2, 2022, who wrote
that Nguessan is currently under stress and needs further time off. 	Nguessan needed
to be referred to a psychiatrist. 	Dr. Rena Levykh-Chase also noted that Nguessan
cannot return to work.
Nguessan received an email from KIRA dated September 2, 2022, stating that
September 2, 2022, was her last day and she would be paid until September 15, 2015.
Nguessan received counseling with Care Plus. 	She was having anxiety and in tears.
Her initial appointment with Care Plus was within five days of the referral. 	The initial
appointment was an intake there was a waiting list for another appointment. 	Her follow
up appointment was on November 15, 2022. 	Nguessan started her job with Paterson
on September 22, 2022.
Kerrihard stated that it is her obligation to notify the state if Nguessan does not
comply with the terms of the contract. 	TACS asked for Nguessan’s credentials to be
suspended. Kerrihard checked the employee contract to make sure that resigning
employees give the correct amount of notice.

OAL DKT. NO. EDU 10384-22
7
LEGAL ANALYSIS AND CONCLUSION
N.J.S.A. 18a:28-8 provides:
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.
N.J.S.A. 18a:26-10 provides:
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.
As used in this section, “approved private school for the disabled” means
a private entity approved by the Department of Education to provide
special education and related services to students with disabilities who
have been placed by the district board of education or charter school
responsible for providing their education.
In this matter Nguessan on August 3, 2022, submitted a resignation letter from
KIRA stating her final day would be August 12, 2022. Once she was informed what her
contract requires, she gave sixty days’ notice before her resignation, she agreed to stay
at KIRA until October 3, 2022. 	Her position was switched from kindergarten teacher to
enrichment teacher. 	There was an event at KIRA in August 2022 where all of the
teachers at KIRA were given swag at an event and Nguessan was not. 	Nguessan was
told to leave her belongings in Thompson’s former office, but it was not always open.
On more than one occasion Nguessan was told to move her belongings to another area
in August 2022. These things have caused Nguessan to experience stress to the extent
that on September 2, 2022, after being told again to move her belongings, she
scheduled an emergency doctor’s appointment for the same day. 	She saw the doctor
on September 2, 2022, who wrote that she could not return to work due to due to being
under stress and that she needed to see a psychiatrist. TASC terminated Nguessan on
September 2, 2022.

OAL DKT. NO. EDU 10384-22
8
Nguessan did not cease to perform her duties prior to the expiration of the sixty-
day notice. 	Her doctor stated that she could not return to work on September 2, 2022,
which is the same day that TASC terminated Nguessan.
I 	CONCLUDE 	Nguessan 	did 	not 	cease 	to 	perform 	her 	duties 	before 	the
expiration of the sixty-day notice period because on September 2, 2022, her doctor
provided 	a 	letter 	stating 	that 	she 	could 	not 	return 	to 	work, 	and 	Nguessan 	was
terminated on September 2, 2022.
ORDER
Based on the foregoing, it is ORDERED that TACS request that Nguessan’s
teaching certificates be suspended is DENIED.
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 10384-22
9
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.
August 25, 2023
DATE 	KIMBERLY A. MOSS, ALJ
Date Received at Agency: 	August 25, 2023
Date Mailed to Parties: 	August 25, 2023
ljb

OAL DKT. NO. EDU 10384-22
10
WITNESSES
For Petitioner
Dana Kerrihard
For Respondent
EXHIBITS
For Petitioner
P-1 	Nguessan Employment Agreement for 2022-2023
R-2 	Email dated August 21, 2022 from Nguessan
R-3 	Email Response to Nguessan dated August 23, 2022
For Respondent
R-1 Resignation letter related documents
R-2 	Not in Evidence
R-3 Emails
R-4 	Doctor’s Note Dated September 2, 2022
R-5 Resignation Letter of Nguessan
R—6 Paterson ASCs Teacher Contract
R-7 Nguessan Resume
R-8 	Nguessan Medical Records
R-9 	Nguessan Contract for 2022-2023 with TACS
R-10 Not in Evidence
R-11 Not in evidence