In the Matter of the Suspension of the Teaching Certificates of Nicholas Spiniello, Board of Trustees of Central Jersey College Prep Charter School, Somerset County, 7/6/2023, (#203-23)

203-23
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificate of Nicholas Spiniello,
Board of Trustees of Central Jersey College Prep
Charter School, Somerset County.
Synopsis
This matter was opened before the Commissioner of Education on October 13, 2022, by way of an Order
to Show Cause served by the petitioner, the Board of Trustees of the Central Jersey College Prep Charter
School (Board), upon the respondent, Nicholas Spiniello, a Teacher Physical Education/Health, requiring
respondent to show cause why an order should not be entered suspending his teaching certificate for
unprofessional conduct pursuant to N.J.S.A. 18A:26-10 after he resigned his position without giving the
sixty-day (60) notice required by his contract with the petitioner. Respondent filed an answer to the Order
to Show Cause stating that he was unable to fulfill his contractual obligations because of a family
emergency that required him to be out of state. The respondent failed to provide documentation or
details regarding his family emergency despite several requests for him to do so, and subsequently failed
to appear for two scheduled pre-hearing conferences. Accordingly, the ALJ concluded that respondent’s
teaching certificate should be suspended for a period of one year.
Upon review, the Commissioner concluded that the respondent did not deny the allegations that he
resigned without giving the notice required in his contract, but only attempted to explain his early
resignation by stating that he experienced a family emergency. No documentation or detail regarding the
nature of the emergency was provided despite several requests. Therefore, the Commissioner deemed
the allegations to be admitted and further deemed them sufficient to justify suspension of respondent’s
teaching certificates pursuant to N.J.S.A. 18A:26-10 and N.J.S.A. 18A:28-8. 	Accordingly, respondent’s
certificates were suspended for a period of one year from the date of the filing of this decision – a copy
of which was forwarded to the State Board of Examiners for the purpose of effectuating this order.
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 10387-22
Agency Dkt. No. 283-10/22
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificate of Nicholas Spiniello,
Board of Trustees of Central Jersey College
Prep Charter School, Somerset County.
This matter was opened before the Commissioner of Education on October 13, 2022, by
way of an Order to Show Cause served by petitioner, Board of Trustees of the Central Jersey
Prep Charter School (Board), upon respondent, Nicholas Spiniello, requiring respondent to
show cause why an order should not be entered suspending his teaching certificates pursuant
to N.J.S.A. 18A:26-10 and N.J.S.A. 18A:28-8 for resigning without giving the notice required by
law. On November 9, 2022, the Department of Education (DOE) received respondent’s answer,
and the case was transmitted to the Office of Administrative Law.
The Administrative Law Judge (ALJ) issued an Initial Decision indicating that respondent
failed to appear for two scheduled pre-hearing conferences. Accordingly, the ALJ concluded
that respondent’s teaching certificate should be suspended for one year.
The petition and supporting exhibits submitted by petitioner in this matter indicate that:
respondent entered into a contract to work as a teacher for the 2022-23 school year; the
contract provides that it can be terminated by either party upon sixty days’ written notice; and
respondent resigned on September 2, 2022, effective immediately. In his answer, the
respondent does not deny these allegations, but only attempts to explain his early resignation
203-23

2
by stating that he experienced a family emergency; however, no documentation or detail
regarding the nature of the emergency was provided. Therefore, the Commissioner deems
such allegations to be admitted and further deems them sufficient to justify suspension of
respondent’s teaching certificates pursuant to N.J.S.A. 18A:26-10 and N.J.S.A. 18A:28-8.
Accordingly, summary decision is hereby granted to petitioner, 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.
July 6, 2023
July 7, 2023

New Jersey is an Equal Opportunity Employer
INITIAL DECISION
FAILURE TO APPEAR
OAL DKT. NO. EDU 10387-22
AGENCY DKT. NO. 282-10/22
IN THE MATTER OF THE SUSPENSION
OF THE TEACHING CERTIFICATE OF
NICHOLAS SPINIELLO, BOARD OF
TRUSTEES OF CENTRAL JERSEY
COLLEGE PREP CHARTER SCHOOL,
SOMERSET COUNTY.
Thomas O. Johnston, Esq., for petitioner (The Johnston Law Firm, LLC,
attorneys)
Nicholas Spiniello, respondent, pro se
Record Closed: May 19, 2023 Decided: May 24, 2023
BEFORE EDWARD J. DELANOY, JR., Deputy Director and ALAJ:
STATEMENT OF THE CASE
Petitioner, Board of Trustees of Central Jersey College Prep Charter School, seeks
the suspension of Nicholas Spiniello’s (respondent) teaching certificate.
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW

OAL DKT. NO. EDU 10387-22
2
PROCEDURAL HISTORY AND FACTUAL DISCUSSION
This matter was transmitted to the Office of Administrative Law (OAL), where it
was filed on November 17, 2022. The parties participated in a pre-hearing conference
on January 11, 2023. During the pre-hearing conference the parties agreed to have the
next scheduled status conference on March 8, 2023. Notice of that telephone conference
was emailed to petitioner and respondent on January 12, 2023. The respondent failed to
participate in the scheduled conference. The matter was scheduled for another status
conference on May 1, 2023. Notice of that telephone conference was emailed to
petitioner and respondent on March 9, 2023. Again, the respondent failed to participate
in the scheduled conference.
LEGAL DISCUSSION AND CONCLUSIONS OF LAW
Pursuant to N.J.A.C. 1:1-14.4(a),
If, after appropriate notice, neither a party nor a representative
appears at any proceeding scheduled by the Clerk or judge,
the judge shall hold the matter for one day before taking any
action. If the judge does not receive an explanation for the
nonappearance within one day, the judge shall, . . . direct the
Clerk to return the matter to the transmitting agency for
appropriate disposition pursuant to N.J.A.C. 1:1-3.3(b) and
(c).
This matter was scheduled for two telephone conferences. Respondent was given
notice of all telephone conferences. All telephone status conference notices contain the
following language:
Failure to dial in for the telephone conference, will result in the
file being returned to the transmitting agency for appropriate
action which may include imposition of the proposed penalty
or granting the relief requested by the other party.
Respondent did not participate in the March 8, 2023, telephone status conference
and did not contact the OAL to explain why he was unable to do so.

OAL DKT. NO. EDU 10387-22
3
Another telephone status conference was scheduled to be heard on May 1, 2023.
Proper notice of that telephone conference was emailed to the petitioner and respondent
on March 9, 2023.
The respondent did not participate in the May 1, 2023, telephone conference and
did not contact the OAL to explain why he was unable to do so.
CONCLUSION
To date, the respondent has not provided a request for an adjournment of the May
1, 2023, telephone conference or an explanation for his nonappearance for the same.
Neither has this office received notice of legal representation on behalf of the respondent.
Therefore, I CONCLUDE that respondent has failed to appear and abandoned his appeal.
ORDER
It is hereby ORDERED that respondent’s teaching certification is suspended for
one year.
It is hereby ORDERED that petitioner’s relief is GRANTED.
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 10387-22
4
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.
May 24, 2023
DATE EDWARD J. DELANOY, JR.,
Deputy Director and ALAJ
Date Received at Agency:
Date Mailed to Parties:
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