In the Matter of the Suspension of the Certificates of Stephanie Sullivan, Board of Education of the Township of Franklin, Somerset County, 2/2/2023, (#31-23)

31-23
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificates of Stephanie Sullivan,
Board of Education of the Township of Franklin,
Somerset County.
Synopsis
The petitioning Board sought the suspension of the teaching certificates of respondent – a non-tenured
special education teacher – following her resignation without providing the notice required under
N.J.S.A. 18A:28-8. 	Respondent submitted a letter on January 10, 2022, informing the Board that she
would resign from her position on January 21, 2022 – eleven days from the date of the letter – to accept
a non-teaching position.
The ALJ found, inter alia, that: 	although the respondent made efforts to assure a smooth transition
before leaving the school, the Board was not able to fill her position for the remainder of the school
year; 	the abrupt nature of respondent’s resignation impacted the classroom experience for her
students and caused the school district difficulty in providing coverage for her in-class responsibilities as
well as her out-of-class administrative duties, including but not limited to the development of IEPs for
students eligible for special education services; under N.J.S.A. 18A:26-10, any teaching staff member
employed by a board of education who ceases to perform his or her duties before the expiration of their
term of employment, without the consent of the board, shall be deemed guilty of unprofessional
conduct and the Commissioner may thereafter suspend his or her teaching certificate for a period not to
exceed one year. Accordingly, the ALJ ordered that respondent’s certificates be suspended for a period
of one year.
Upon review, the Commissioner concurred with the ALJ’s findings and conclusion for the reasons
outlined in the Initial Decision. Accordingly, the Commissioner adopted the Initial Decision as the final
decision in this matter. Respondent’s certificates were suspended for one year from the filing date of
this decision, a copy of which has been forwarded to the State Board of Examiners for implementation
of the suspension.
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. 01767-22
Agency Dkt. No. 33-3/22
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificates of Stephanie Sullivan,
Board of Education of the Township of
Franklin, Somerset County.
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 respondent’s
resignation from employment with only eleven days’ notice justifies suspension of respondent’s
teaching certificates pursuant to N.J.S.A. 18A:26-10 and N.J.S.A. 18A:28-8.
Accordingly, the Board’s motion for summary decision is granted, 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.
31-23
February 2, 2023
February 6, 2023

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 01767-22
AGENCY DKT. NO. 33-3/22
IN THE MATTER OF THE SUSPENSION
OF THE TEACHING CERTIFICATES OF
STEPHANIE SULLIVAN, FRANKLIN
TOWNSHIP BOARD OF EDUCATION,
SOMERSET COUNTY
___________________________
Geoffrey N. Stark, Esq., for petitioner (Capehart Scatchard, P.A., attorneys)
Stephanie Sullivan, respondent, pro se
Record Closed: September 13, 2022 	Decided: December 13, 2022
BEFORE ELIA A. PELIOS, ALJ:
STATEMENT OF THE CASE
The Franklin Township (Somerset County) Board of Education (Board or petitioner)
seeks to suspend the teaching certificates of Stephanie Sullivan (respondent) for
resigning her position having provided less than sixty days’ notice, pursuant to N.J.S.A.
18A:26-10.

OAL DKT. NO. EDU 01767-22
2
PROCEDURAL HISTORY
The matter was transmitted the matter to the Office of Administrative Law on March
10, 2022. 	An evidentiary hearing was held on August 11, 2022. 	The record was held
open to permit written closing arguments and closed on September 13, 2022.
FACTUAL DISCUSSION
An evidentiary hearing was held on August 11, 2022. 	The Board presented
testimony from Evelyn Rutledge, the principal of Franklin Middle School, and Jackie
Schneider, 	the 	District’s 	assistant 	manager 	for 	Human 	Resources 	and 	Personnel
Services. 	Respondent testified on her own behalf. 	Having considered the testimony
presented and the documentary evidence entered into the record (P-1 through P-5), I
make the following FINDINGS of FACT:
Respondent was previously employed by the board as a special education teacher
at the Sampson G. Smith School. She worked for the board for approximately three and
a half years and was not tenured in the position. She was under an employment contract
for the 2021-2022 school year and the District requires the staff to provide sixty days’
notice before resigning their position.
Respondent submitted a resignation letter after close of business on January 10,
2022, and her last day was January 21, 2022, eleven days later. At that point she ceased
to perform her job duties prior to the expiration of her contract. The Board did not consent
to a shorter notice provision and was unable to fill respondent’s position for the remainder
of the year. 	The abrupt nature of respondent’s resignation impacted the classroom
experience for her students and cause the district difficulty in providing coverage for her
in-class responsibilities as well as her out-of-class administrative duties, including but not
limited to the development of IEPs for students eligible for special education services.
Substitutes were frequently required for instruction and other employees had to help
manage the administrative details, beyond the scope of their own regular duties.

OAL DKT. NO. EDU 01767-22
3
Respondent left to accept another position outside of the teaching profession.
Respondent struggled with what she perceived to be changes in the teaching profession
before ultimately determining not to continue. Had she waited, the opportunity she was
accepting would not have been available. 	She was well regarded by colleagues and
superiors and was considered to be a good teacher. She worked to lessen the impact of
her departure during her brief transition period.
Respondent holds the following teaching certificates:
Teacher of Elementary School, grades Kindergarten (K)-6 Certificate of Eligibility
with Advanced Standing, issued in January 2017;
Teacher of Elementary School in grades 5-8, with Mathematics Specialization
Certificate of Eligibility with Advanced Standing, issued in January 2017;
Teacher of Students with Disabilities Certificate of Eligibility, issued in January
2017;
Teacher of Elementary School in grades K-6 Certificate, issued in November 2020;
Teacher of Elementary School in grades 5-8, with Mathematics Specialization,
Certificate, issued in November 2020; and
Teacher of Students with Disabilities Provisional Certificate, issued in August
2020.
CONCLUSIONS OF LAW
N.J.S.A. 18A:26-10 provides that (“[A]ny teaching staff member employed by a
board of education . . . who shall, without the consent of the board . . . cease to perform
his duties before the expiration of the term of his employment, shall be deemed guilty of
unprofessional conduct . . .” 	In order to sustain the charge of unprofessional conduct
pursuant to N.J.S.A. § 18A:26-10, the petitioner must demonstrate that respondent: 1)

OAL DKT. NO. EDU 01767-22
4
was a teaching staff member employed by a board of education who; 2) ceased to perform
her duties before the expiration of the term of her employment; 3) without consent of the
board. 	The underlying purpose of N.J.S.A. 18A:26-10 is “to protect pupils from the
disruption caused by ‘[s]taff members who leave before the expiration of their contracts.’”
Ibid. (citation omitted.)
In the present matter, the record reflects that none of the required criteria are in
dispute and that all are present. 	The District’s contract specifically requires sixty days’
notice unless the board consents to a shorter period, which it did not. 	Accordingly, I
CONCLUDE 	that 	petitioning 	Board 	has 	met 	its 	burden 	by 	demonstrating 	by 	a
preponderance of credible evidence that respondent is guilty of unprofessional conduct,
and that the charge of such must be SUSTAINED.
PENALTY
The charge of unprofessional conduct pursuant to N.J.S.A. 18A:26-10 having been
sustained; we now turn to the appropriate penalty to be imposed. 	N.J.S.A. 18A:26-10
and N.J.A.C. 6A:9B-4.8(b) both provide that the once they receive notice of a teacher
leaving their position prior to the term of employment as contemplated by N.J.S.A.
18A:26-10, the commissioner may suspend the certificates held by that teacher for a
period not to exceed one year.
While the language clearly indicates that this is a maximum penalty, and that its
imposition is permissive rather than mandatory, it is clear from a review of relevant case
law that the one-year suspension is issued unless the mitigating circumstances present
compel otherwise.
In the present matter, the record reflects that respondent left her position prior to
the ending of the employment term. 	She did not give sixty days’ notice, and the Board
did not approve a shorter period. 	In fact, she gave approximately eleven days’ notice,
less than twenty percent of what is customarily considered sufficient and what is required
by the contract. 	The record also reflects that respondent was well liked by her colleagues
and superiors and acquitted herself quite well in the classroom. She also worked during

OAL DKT. NO. EDU 01767-22
5
the time leading up to her departure to try to create as smooth a transition as possible
and was frank and candid about her struggles contending with changes in the teaching
profession.
While certainly commendable and sincere, these actions do not rise to the
significant level of mitigating circumstances that historically have given basis to deviate
from the norm of imposing the maximum one-year suspension. Her position went unfilled
for the remainder of the school year – nearly five months. 	Significant substitute
assignment was required. 	Disruption to the educational experience of her students did
occur. 	Accordingly, I am compelled to CONCLUDE that the imposition of the one-year
suspension is appropriate.
ORDER
The charge of unprofessional conduct against respondent is hereby SUSTAINED.
Further, it is ORDERED that respondent’s teaching certificates be SUSPENDED for a
period of one year.
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 01767-22
6
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.
December 13, 2022
DATE 	ELIA A. PELIOS, ALJ
Date Received at Agency:
Date Mailed to Parties:
EAP/tat

OAL DKT. NO. EDU 01767-22
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APPENDIX
WITNESSES
For Petitioner:
Evelyn Rutledge, Principal, Franklin Middle School
Jackie Schneider, Assistant Manager for Human Resources and Personnel
Services
For Respondent:
Stephanie Sullivan
EXHIBITS
For Petitioner:
P-1 	Listing of respondent’s teaching certificates
P-2 	Respondent’s 2018-2019 employment contract
P-3 	Respondent’s 2021-2022 employment contract
P-4 	Respondent’s January 10, 2022, letter of resignation
P-5 	Email correspondence between respondent and Jackie Schneider and
Evelyn Rutledge, dated January 10,2022, through January 11, 2022
For Respondent:
None