In the Matter of the Suspension of the Teaching Certificate of Jessica Ryan, Board of Education of the Township of Piscataway, Middlesex County, 6/5/2023, (#165-23)

165-23Njcommned

Texte intégral

165-23
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificate of Jessica Ryan,
Board of Education of the Township of Piscataway,
Middlesex County.
Synopsis
The petitioning Board sought the suspension of the teaching certificate of respondent – a non-tenured
English teacher – following her resignation without providing the notice required under N.J.S.A. 18A:28-
8. Respondent sent a letter to the Board on July 14, 2022, indicating that she was resigning and was
providing her 60 days’ notice but was also requesting an early release from her contract for the 2022-
2023 school year. Respondent was advised by district staff that if a replacement could be found within
60 days, she would be provided early release, but otherwise she should expect to be held to her
contractual obligations. 	When the district was unable to hire a replacement before the start of the
school year, the respondent refused to report to work on September 1, 2022. Respondent did not deny
these allegations but attempted to explain her early resignation by citing to alleged harassment and
other difficulties with her work environment.
Respondent failed to appear at an OAL hearing in this matter scheduled for April 11, 2023, and the case
was returned to the DOE without the issuance of a decision. As the party that failed to appear in this
case was the respondent – not the petitioner – the Board is entitled to a decision on the merits. The
Commissioner therefore deems the allegations contained in the order to show cause 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, the Commissioner granted summary decision to the petitioner, and respondent’s teaching
certificates were suspended for a period of one year from the filing date of the 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. EDU 10878-22
Agency Dkt. No. 261-9/22
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificate of Jessica Ryan,
Board of Education of the Township of
Piscataway, Middlesex County.
This matter was opened before the Commissioner of Education on September 22, 2022,
by way of an Order to Show Cause served by petitioner Piscataway Township Board of
Education (Board) upon respondent Jessica Ryan, requiring respondent to show cause why an
order should not be entered suspending her 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 29, 2022, the Department of Education (DOE) received respondent’s answer. The
case was transmitted to the Office of Administrative Law on December 6, 2022.
By notice dated April 19, 2022, and received by the DOE on April 24, 2022, the
Administrative Law Judge (ALJ) advised of respondent’s failure to appear at a scheduled hearing
in the OAL on April 11, 2023, and indicated that the case was being returned to the DOE. The
party that failed to appear in this case, however, was the respondent – not the petitioner.
Accordingly, the petitioner remains entitled to a decision on the merits.
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; on
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July 14, 2022, respondent sent correspondence indicating that she was resigning and was
providing her 60 days’ notice but was requesting an early release from her contract; district
staff indicated that if a replacement could be found within 60 days, respondent would be
provided early release, but otherwise she should expect to be held to her contractual
obligation; the district was unable to hire a replacement before the start of the school year; and
on August 31, 2022, respondent refused to report to work on September 1, 2022. In her
answer, the respondent does not deny these allegations, but only attempts to explain her early
resignation by citing to alleged harassment and other difficulties with her work environment.
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.
June 5, 2023
June 7, 2023

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