Robert Yaiser v. New Jersey Department of Education, State Board of Examiners, 11/4/2021, (#281-21)

281-21
New Jersey Commissioner of Education
Final Decision
Robert C. Yaiser,
Petitioner,
v.
New Jersey State Board of Examiners,
Respondent.
Synopsis
Petitioner appealed the denial of his application for a School Administrator Certificate of Eligibility
(CE) on the basis that he lacked completion of both an approved School Administrator Program and a
150-hour internship in educational leadership. The New Jersey State Board of Examiners (Board) filed a
motion to dismiss in lieu of an answer to the petition.
The ALJ found, inter alia, that: the Board’s motion to dismiss was converted to a motion for summary
decision pursuant to N.J.A.C. 1:1-12.5(a); there are no issues of material fact in this case and the matter
is ripe for summary decision; the petitioner applied for a School Administrator CE in February 2019; to
meet the requirements for this certificate, petitioner was required to complete all of five requirements
delineated in N.J.A.C. 6A:9B-12.4; the Board determined that the petitioner’s application met and
satisfied three of the above criteria, but that two of the criteria had not been met: he had not completed
an approved School Administrator program pursuant to N.J.A.C. 6A:9B-12.4(a)(1); and he had not
completed a 150-hour internship in educational leadership pursuant to N.J.A.C. 6A:9B-12.4(a)(3), nor
had he demonstrated that he had met the equivalent with his teaching experience; petitioner
acknowledged in his filings that he did not complete the required 150-hour internship in educational
leadership until December 2019, a date well after his application had been filed with the Board and after
the Board had met to consider petitioner’s appeal. The ALJ concluded that the Board had appropriately
denied petitioner’s application for certification. Accordingly, summary decision was granted in favor of
the Board, and the petition was dismissed.
The Commissioner concurred with the findings and determination of the ALJ in this matter.
Accordingly, summary decision was granted in favor of the Board and 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.

OAL Dkt. No. EDU 06932-20
Agency Dkt. No. 40-2/20
New Jersey Commissioner of Education
Final Decision
Robert C. Yaiser,
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 (OAL) have been reviewed and considered. The parties did not file exceptions.
Upon review, the Commissioner concurs with the Administrative Law Judge that
the Board appropriately denied petitioner’s application for certification.
Accordingly, the Board’s motion for summary decision is granted, and the
petition of appeal is hereby dismissed.
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.
281-21
November 4, 2021
November 4, 2021

New Jersey is an Equal Opportunity Employer
INITIAL DECISION
SUMMARY DECISION
OAL DKT. NO. EDU 06932-2020
AGENCY DKT. 40-2/20
ROBERT C. YAISER,
Petitioner,
v.
NEW JERSEY DEPARTMENT OF EDUCATION,
OFFICE OF CERTIFICATION AND INDUCTION,
Respondent.
George T. Daggett, Esq., appearing for petitioner (Law Offices of George T.
Daggett, attorneys)
Jaclyn M. Frey, Deputy Attorney General, appearing for respondent (Andrew J.
Bruck, Acting Attorney General of New Jersey, attorney)
Record closed: September 9, 2021 Decided: October 1, 2021
BEFORE SUSAN M. SCAROLA, ALJ (Ret., on recall):
STATEMENT OF THE CASE
Petitioner, Robert C. Yaiser, appeals the denial of his application for a School
Administrator Certificate of Eligibility (CE) by the respondent, New Jersey Department of

OAL DKT. NO. EDU 06932-2020
2
Education (Department), Office of Certification and Induction, Board of Examiners
(Board), on the basis that he lacked completion of both an approved School Administrator
Program and a 150-hour internship in educational leadership.
PROCEDURAL HISTORY
On December 13, 2019, the Board issued a determination denying the petitioner’s
application for a School Administrator CE. Petitioner filed a timely notice of appeal. In
lieu of an answer, the Board filed a motion to dismiss with certification.
On July 30, 2020, the Department transmitted the appeal to the Office of
Administrative Law, where it was filed on that date as a contested case. N.J.S.A. 52:14B-
1 to -15; N.J.S.A. 52:14F-1 to -13.
On May 28, 2021, the petitioner filed a brief in opposition to the motion to dismiss
with certification. On August 4, 2021, the Board filed a reply brief in support of its motion
to dismiss the petition of appeal.1 On September 9, 2021, the petitioner submitted
additional documents referenced in his certification, but which had not been attached.
FACTUAL DISCUSSION
The following facts are not in dispute, and, accordingly, I FIND:
1. On February 21, 2019, the petitioner filed an application (with documents)
to the Board for a School Administrator CE.
2. On June 15, 2019, the petitioner took the Praxis test and successfully
passed.
3. On July 24, 2019, the petitioner forwarded the Verification of Program
Completion (VOPC) from Seton Hall’s certification officer, associate dean
1 The Board requested that the motion to dismiss be converted to a motion for summary decision, as “no
material facts are in dispute.” The petitioner has not objected.

OAL DKT. NO. EDU 06932-2020
3
Dr. Joseph Martinelli, to the Department confirming that on December 19, 2018,
he had completed Seton Hall’s State-approved educator-preparation program for
a P–12 school administrator.
4. The VOPC also indicated that the petitioner “needs to complete admin [sic]
internship,” referring to the required 150-hour School Administrator internship, the
completion of which would have apparently resulted in completion of an approved
School Administrator program at Seton Hall University.
5. At some point, the petitioner was advised that his application was deficient,
and his application for a School Administrator CE would be denied. He thereafter
filed an appeal pursuant to N.J.A.C. 6A:9B-4.12.
6. In his appeal to the Board, the petitioner requested that it consider his
adjunct teaching experience from Fairleigh Dickenson University, Pennsylvania
State University, Seton Hall University, Ocean County College, and Montclair State
University as demonstrating alternative education and/or experience equivalent to
the required program in School Administration and the related 150-hour
educational-leadership internship he admittedly had not completed.
7. On or about November 1, 2019, the State Board of Examiners considered
the petitioner’s appeal for issuance of a School Administrator CE pursuant to the
requirements of N.J.A.C. 6A:9B-12.4.2
8. After reviewing the petitioner’s request for consideration of his alternate
education and experience as the equivalent of completion of an approved program
in School Administration or the equivalent of a 150-hour School Administrator
(Superintendent) internship, the Board concluded that the petitioner’s alternate
education and accumulated teaching experience as adjunct faculty were not
equivalent to what was required by the governing regulation.
2 The petitioner certified that the hearing was on December 11, 2019, not November 1, 2019. The Board
lists the hearing as having occurred on November 1, 2019.

OAL DKT. NO. EDU 06932-2020
4
9. The Board denied the application for the CE because the petitioner had not
completed two requirements: first, he did not complete an approved School
Administrator program pursuant to N.J.A.C. 6A:9B-12.4(a)(1); and second, he did
not complete a 150-hour internship in educational leadership pursuant to N.J.A.C.
6A:9B-12.4(a)(3).
10. The petitioner later submitted a transcript from Caldwell University
indicating that he was enrolled in the internship for school administrators during
the fall of the 2019–2020 academic year and that he completed the course with a
4.0 grade-point average.
LEGAL ANALYSIS AND CONCLUSION
The issue presented is whether the Board properly denied the petitioner’s
application for a School Administrator CE on the basis that he failed to demonstrate that
he had completed both an approved program in School Administration and the required
150-hour internship in educational leadership, or that he had presented proof of
equivalent training or experience.
This matter commenced as a motion to dismiss in lieu of an answer pursuant to
N.J.A.C. 6A:3-1.5(g), but has been converted to a motion for summary decision pursuant
to N.J.A.C. 1:1-12.5(a).
I. Standards for Summary Decision
Under the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6, “[a]
party may move for summary decision upon all or any of the substantive issues in a
contested case.” N.J.A.C. 1:1-12.5(a). Such motion “shall be served with briefs and with
or without supporting affidavits” and “[t]he decision sought may be rendered if the papers
and discovery which have been filed, together with the affidavits, if any, show that there
is no genuine issue as to any material fact challenged and that the moving party is entitled
to prevail as a matter of law.” N.J.A.C. 1:1-12.5(b). When the motion “is made and
supported, an adverse party in order to prevail must by responding affidavit set forth

OAL DKT. NO. EDU 06932-2020
5
specific facts showing that there is a genuine issue which can only be determined in an
evidentiary proceeding.” Ibid.
II. Standards for a School Administrator Certificate of Eligibility
N.J.A.C. 6A:9B-5.3 provides for the issuance of educational certificates:
(a) The Board of Examiners shall issue three categories of
educational certificates: Instructional, Administrative, and
Educational Services.
(b) The Board of Examiners shall issue the appropriate
certificate upon the candidate’s completion of all certification
requirements in effect at the time the Office receives the
application. Requirements include, but are not limited to,
coursework, degree, tests, fees, GPA, and all certificate rules
pursuant to N.J.A.C. 6A:9B-8 through 13. An application shall
be deemed filed with the Office when it and all required
supporting documentation has been received.
1. The certificate holder shall maintain possession
of the original certificate.
(c) If the candidate is not eligible for the certificate sought,
the Office shall issue a written evaluation that identifies the
deficiency(ies) for certification.
Here, the petitioner applied for a School Administrator CE in February 2019.
N.J.A.C. 6A:9B-12.4 provides the standards for the Board to use in considering an
application for a School Administrator CE:
(a) To be eligible for the school administrator CE, the candidate shall:
1. Complete one of the following:
i. Hold a master’s or higher degree in educational
leadership, curriculum and instruction, or one of the
recognized fields of leadership or management from a
regionally accredited college or university;

OAL DKT. NO. EDU 06932-2020
6
ii. Hold a master’s degree from a regionally
accredited college or university and complete a post-
master’s program resulting in a CEAS in educational
administration and supervision;
iii. Hold a master’s degree from a regionally
accredited college or university and complete a post-
master’s program in a coherent sequence of 30
semester-hour credits as they appear on the
institution’s transcript. The study must be completed at
one institution in fields outlined in (a)1i above;
iv. Hold a master’s degree from a regionally
accredited college or university and complete a
Commissioner-approved certification program in
educational leadership offered by a Commissioner-
approved provider pursuant to N.J.A.C. 6A:9B-12.5(k)2
and (l)2; or
v. Hold a master’s degree in educational
leadership from a nationally accredited program at an
out-of-State college or university;
2. Complete a minimum of 30 graduate credits, either
within the master’s program or in addition to it, in the following
quality components of preparation to promote student
learning as set forth in the Professional Standards for School
Leaders in N.J.A.C. 6A:9-3.4;[3]
3. Complete a 150-hour internship in educational
leadership aligned to the Professional Standards for School
Leaders in N.J.A.C. 6A:9-3.4 and in accordance with the roles
and responsibilities as a school administrator, independent of
other course requirements. This internship either must
appear on a transcript from a four-year regionally accredited
college or university or must be certified by a Commissioner-
approved program for preparing school administrators;
4. Pass a State-approved examination of knowledge
acquired through study of the topics listed in (a)2 above,
aligned with the Professional Standards for School Leaders,
and most directly related to the functions of superintendents
as defined in N.J.A.C. 6A:9B-12.3(a); and
3 N.J.A.C. 6A:9-3.4 provides: “[s]chool leader preparation, district induction, and professional development
programs shall align their learning opportunities with the Professional Standards for Educational Leaders
2015, developed by the National Policy Board for Educational Administration (NPBEA), incorporated herein
by reference, available at http://www.npbea.org/wp/wp-
content/uploads/2014/11/ProfessionalStandardsforEducationalLeaders2015forNPBEAFINAL-2.pdf.”

OAL DKT. NO. EDU 06932-2020
7
5. Complete five years of successful educational
experience in a school district, nonpublic school, or a
regionally accredited college or university.
This section applies to all candidates who matriculated and enrolled in a Commissioner-
approved educational-leadership preparation program on or after September 1, 2008.
The petitioner was required to complete all five of the above requirements to be
considered eligible for the School Administrator CE.
Here, the Board determined that the petitioner’s application met and satisfied three
of the above criteria, but that two of the criteria had not been met: he had not completed
an approved School Administrator program pursuant to N.J.A.C. 6A:9B-12.4(a)(1); and
he had not completed a 150-hour internship in educational leadership pursuant to
N.J.A.C. 6A:9B-12.4(a)(3), nor had he demonstrated that he had met the equivalent with
his teaching experience. The petitioner appealed pursuant to N.J.A.C. 6A:9B-4.12(a) and
(b), alleging that he had evidence of alternative education and/or experience that he
believed was equivalent to the areas of deficiency.
The petitioner contends that the Board failed to exercise its discretion when it
declined to accept information provided by him that he had alternative education and/or
experience that corrected the deficiencies in his application. The Board considered the
information provided by the petitioner as well as the July 23, 2019, VOPC from Seton Hall
University, which clearly indicated that the petitioner had failed to complete the required
internship at the University and was not yet eligible for certification of the completion of
the educator-preparation program. His application was deficient in that regard at the time
it was submitted to the Board in February.
Indeed, in his own certification the petitioner acknowledged that he did not
complete the required 150-hour internship in educational leadership until December 2019,
a date well after his application had been filed with the Board and after the Board had met
to consider his appeal.
N.J.A.C. 6A:9B-4.12(c) provides the limitations on actions the Board can take
when reviewing any supplemental evidence of equivalent training and/or experience:

OAL DKT. NO. EDU 06932-2020
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(c) The Board of Examiners shall not:
1. Waive any test, GPA, degree completion, or
approved educator preparation program completion
requirements;
2. Permit a candidate to substitute education
and/or experience for any test, GPA, degree, or
approved educator preparation program completion
requirements . . . .
Here, no material facts are in dispute. The internship was mandatory, and it is
undisputed that it had not been completed by the time the petitioner applied for his School
Administrator CE in February 2019, or even by the time the Board considered his appeal
in November or early December 2019. Accordingly, the application for the School
Administrator CE was incomplete and the petitioner had failed to demonstrate that he was
eligible for the CE. The Board acted appropriately in determining that the petitioner had
not qualified for its issuance. Accordingly, the Board’s motion for summary decision shall
be granted and the petition shall be dismissed.
ORDER
I hereby ORDER that the respondent’s motion for summary decision is GRANTED.
The petition 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
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 06932-2020
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.
October 1, 2021
DATE SUSAN M. SCAROLA, ALJ
(Ret., on recall)
Date Received at Agency: October 1, 2021 (emailed)
Date Mailed to Parties:
SMS/mel

OAL DKT. NO. EDU 06932-2020
10
APPENDIX
WITNESSES
For petitioner:
None
For respondent:
None
EXHIBITS
For petitioner:
Reply Brief
For respondent:
Brief and Reply