Carmen Thomas-Henderson v. New Jersey Department of Education State Board of Examiners, 2/20/2020, (#71-20)

New Jersey Commissioner of Education
Final Decision
Carmen Thomas-Henderson,
Petitioner,
v.
New Jersey State Board of Examiners,
Respondent.
Synopsis
Pro-se petitioner appealed the determination of the respondent – the State Board of Examiners (SBE) – that
she had not met the requirements for issuance of a Supervisor Certificate. 	The SBE denied petitioner’s
application for certification due to her failure to complete the required number of credits in curriculum
design and development pursuant to N.J.A.C. 6A:9B-12.6(a)(2)(ii)(2). A hearing was held in this matter on
January 8, 2020.
The ALJ found, inter alia, that: Pursuant to N.J.A.C. 6A:9B-3.2, the New Jersey State Board of Examiners is
responsible for issuing appropriate certificates to teach or to administer, direct, or supervise, the teaching,
instruction, or educational guidance of pupils in public schools operated by district boards of education;
here, the SBE determined that petitioner fell short of completing all requirements for the Supervisor
Certificate because she is missing three credits in curriculum design and development required pursuant to
N.J.A.C. 6A:9B-12.6(a)(2)(ii)(2); 	petitioner holds both a master’s and a doctorate degree in education;
petitioner provided testimony as to the education that she completed and why she believes that her
coursework meets the requirement of the regulations; petitioner provided a syllabus of several courses she
completed at Gwynedd Mercy University, which she claimed involved curriculum development in preschool
through grade 12; petitioner was not able to indicate where in any of the detailed syllabus there was mention
of curriculum development, but argued that program development, planning, evaluations, and placement
were words synonymous with curriculum; the SBE maintained that the coursework completed by petitioner
did not satisfy the requirement for three graduate elective credits in curriculum design and development, and
pointed to a description for a course in the same program at Gwynedd Mercy University that petitioner had
completed, entitled “Curriculum and Instructional Supervision”; petitioner did not take this course, which
would have counted towards the requirement. The ALJ concluded that petitioner had not met her burden by
a preponderance of evidence, and the SBE’s denial of petitioner’s application for the Supervisor Certificate
was appropriate. Accordingly, the ALJ affirmed the SBE’s decision to deny the issuance of the certificate.
The Commissioner concurred with the findings and determination of the ALJ herein; accordingly, the
Initial Decision of the OAL was adopted as the final decision in this matter. 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.
February 20, 2020
71-20

OAL Dkt. No. EDU 09021-19
Agency Dkt. No. 104-5/19
New Jersey Commissioner of Education
Final Decision
Carmen Thomas-Henderson,
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. The parties did not file exceptions.
Upon such review, the Commissioner agrees with the Administrative Law Judge (ALJ)
that the New Jersey State Board of Examiners did not act in an arbitrary, capricious, or unreasonable
manner when it denied petitioner’s application for a Supervisor Certificate. The Commissioner further
concurs with the ALJ that petitioner did not meet the requirements for a Supervisor Certificate because
she failed to complete the required number of credits in curriculum design and development pursuant to
N.J.A.C. 6A:9B-12.6(a)(2)(ii)(2).
Accordingly, the Initial Decision of the OAL is adopted as the final decision in this
matter and the petition is hereby dismissed.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	February 20, 2020
Date of Mailing: 	February 20, 2020
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008,
c. 36 (N.J.S.A 18A:6-9.1).

State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 09021-19
AGENCY DKT. NO. 104-5/19
CARMEN THOMAS-HENDERSON,
Petitioner,
v.
NEW JERSEY DEPARTMENT OF
EDUCATION, STATE BOARD OF
EXAMINERS,
Respondent.
Carmen Thomas-Henderson, petitioner, pro se
Michal Czarnecki, Deputy Attorney General, for respondent (Gurbir S. Grewal,
Attorney General of New Jersey, attorney)
Record Closed: January 8, 2020 	Decided: January 21, 2020
BEFORE SARAH G. CROWLEY, ALJ:
STATEMENT OF THE CASE
The petitioner appeals the denial of her request for the issuance of a Supervisor
Certificate by the respondent, New Jersey Department of Education, State Board of
Examiners (Board) because the petitioner did not satisfy the requirement of three

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graduate elective credits in general principles of curriculum design and development for
preschool 	through 	grade 	twelve, 	pursuant 	to 	N.J.A.C. 	6A:9B-12.6(a)(2)(ii). 	The
petitioner asserts that she is qualified for certification based upon master course work
equivalent to the deficiencies stated by the Board.
PROCEDURAL HISTORY
The petitioner filed an appeal of the denial of her request for the issuance of a
Supervisor Certificate and requested a hearing before the Office of Administrative Law
(OAL). The matter was transmitted to the OAL, where it was filed on July 5, 2019, as a
contested case. N.J.S.A. 52:14B-1 to 15 and N.J.S.A. 52:14F-1 to 13.
The respondent filed a Motion for Summary Decision on July 1, 2019, and due to
the failure of the pro se petitioner responding and the scheduling of the hearing, the
motion was not ruled on until January 8, 2020. The undersigned denied the motion and
ruled that a factual question as to the sufficiency of the coursework to satisfy the
requirement of the regulations existed and a hearing was necessary to determine this
factual issue. 	The fair hearing was conducted on January 8, 2020, and the record
closed at that time.
FACTUAL DISCUSSION AND FINDINGS
The petitioner filed an application for Supervisor Certificate with the New Jersey
Department of Education, State Board of Examiners (Board). 	The Board reviewed the
petitioner’s 	application 	and 	determined 	that 	the 	petitioner 	had 	not 	completed 	the
required three graduate level elective credits in staff supervision and three credits in
curriculum design and development. 	Upon reconsideration of certain coursework, the
Board 	approved 	the 	course 	work 	in 	the 	staff 	supervision. 	However, 	the 	Board
maintained the petitioner had not completed three credits of graduate course work in the
area of curriculum design and development.

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Testimony
For petitioner:
Carmen Thomas-Henderson, Ph.D. is employed as an education consultant.
She also teaches at Rowan University. 	She has received her masters as well as her
doctorate in education. 	She provided testimony as to the education that she has
completed 	and 	why 	she 	believes 	that 	the 	coursework 	that 	she 	has 	successfully
completed meets the requirement of the regulations. 	Specifically, she provided a
syllabus of several courses that she completed at Gwynedd Mercy University, which
she 	claims 	involved 	curriculum 	development 	in 	the 	preschool 	through 	grade 	12.
Specifically, she produced and testified about the following courses:
EDU 844: The Neuroscience of Learning: A re-examination
of 	programs 	and 	services 	for 	diverse 	learning 	form 	the
viewpoint of cognitive neuroscience of learning. 	Viewing
learning as essentially a process of neurological change,
neurological research about learning offers practicum and a
policy 	makers 	insights 	and 	perspectives 	to 	change
educational practice. (P-1.)
EDU 841: Designing intervention and assessment: Through
a review of research and local practices, this course offers
an in-depth study, analysis, and discussion of intervention
programs and outcomes for students with special needs.
Students will examine the organization and administration of
special education programs with emphasis on the role of the
special education leader within the local agency. A review of
the development, implementation and evaluation of effective
program 	designs 	will 	prepare 	students 	to 	make
recommendations for future practice. (P-2.)
EDU 808: Technology, Data & Program Evaluation: Further
focused exploration of learning technology, gathering and
using data to drive instructional improvement, and evaluation
of educational programs. (P-3.)
EDU 801: 	Educational Policy in Research & Practice in the
US: 	The 	course 	provides 	an 	analysis 	of 	educational
programs 	and 	research 	as 	it 	relates 	to 	the 	organizing,

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governance, and delivery of educational services in the US.
Students shall examine the role of the federal government,
state department of education, intermediate education units,
local school districts, charter schools, private schools, higher
education, nonprofit organizations and schools for profit with
an emphasis on identifying the underlying influence that
drive them. 	Models for the organization and delivery of
educational 	services 	with 	be 	analyzed. 	Major 	issues
explored and analyzed in this course include school finance
and equitable school funding, trends in Pre-K -12 and higher
education policy and practice, and the changing role of large
and small school districts, private schools, charter schools,
colleges and universities and educational providers of all
sorts. (P-4.)
EDU 848: 	Special Education Practicum 1: 	The course
provides field experience in a school setting to perform the
function required of a special education supervisor in local
education agencies (LEAs) including charter schools, private
schools, and intermediate units. The student enrolled in this
course will be supervised by/or by and approved mentor.
The students will be provided with experience in the self-
evaluations 	and 	reflection, 	administrative 	shadowing,
departmental 	and 	school 	improvement 	plans, 	student
evaluation land placement process in special education, staff
observation and supervision, clinical supervision of a peer
and 	development 	and 	planning 	for 	staff 	professional
development. (P-5.)
The 	petitioner 	testified 	that 	all of 	these 	classes 	involve 	general 	curriculum
development. 	However, she could not indicate in any of the detailed syllabus where
there 	was 	a 	mention 	of 	curriculum 	development. 	She 	argued 	that 	program
development, planning, evaluations, and placement were words that were synomous
with curriculum. 	The petitioner also provided a letter from the Program Director for
Graduate 	Education 	at 	Gwynedd 	Mercy 	University 	which 	indicated 	that 	she 	has
successfully completed the Ed Leadership program, and that same follows standards
and is aligned with NJAC 6A:9-3.4. 	The final exhibit entered into evidence was the
petitioner’s transcript indicating her classes from Gwynedd Mercy University.
For respondent:

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The respondent did not provide any direct witnesses but submitted R-1 though R-
5 into evidence without objection. 	The documents were the departments file in
connection with the application for supervisors’ certificate. 	The final document which
was entered into evidence during the petitioner’s case as R-5, was a list of Classes at
Gwynedd Mercy University. 	The petitioner was questioned about EDU 572, which was
entitled “Curriculum and Instructional Supervision.” 	The Course description is as
follows: “instructional leadership is critical to school success. 	It includes curriculum
development and implementing, staff development and instruction supervision. 	The
course 	will 	deal 	with 	curriculum 	trends, 	new 	approaches 	to 	organizing 	schools,
professional 	learning 	communities, 	instructional 	methodologies, 	and 	research 	on
improving student performance.” 	(20 hours embedded field experience required.) 	(R-
5.)
The Board determined that the petitioner had satisfied all requirements toward
certification 	except 	for 	three 	graduate 	elective 	credits 	in 	curriculum 	design 	and
development. 	They maintain that the coursework provided including the foregoing P-1
through P-5 did not satisfy the requirements of curriculum development. 	Accordingly,
the denial of the Supervisor Certificate was proper.
The foregoing is found as FACT.
LEGAL ANALYSIS AND CONCLUSION
Pursuant to N.J.A.C. 6A:9B-3.2, the New Jersey State Board of Examiners is
responsible for issuing appropriate certificates to teach or to administer, direct, or
supervise, the teaching, instruction, or educational guidance of pupils in public schools
operated by district boards of education.
N.J.A.C. 6A:9B-12.6(a) provides, in pertinent part, to be eligible for the standard
administrative certificate with a supervisor endorsement, a candidate shall:
1. 	Hold 	a 	master's 	or 	higher 	degree 	from 	a 	regionally
accredited college or university;

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2. 	Successfully complete one of the following:
i. 	A 	Commissioner-approved 	college 	curriculum 	that
specifically 	prepares 	the 	candidate 	for 	the
endorsement;
ii. 	Twelve 	graduate-level 	semester-hour 	credits,
including the following:
(1) 	Three 	credits 	in 	general 	principles 	of
instructional 	staff 	supervision 	in 	preschool
through grade 12;
(2) 	Three credits in general principles of curriculum
design and development for preschool through
grade 12;
(3) 	Three elective credits in curriculum design and
development; and
(4) 	Three 	elective 	credits 	in 	instructional 	staff
supervision 	and/or 	curriculum 	design 	and
development; or
iii. A Commissioner-approved training program that is
implemented 	by 	a 	Commissioner-approved
provider and specifically prepares the candidate
for the endorsement; and
3. 	Hold a standard New Jersey instructional or educational
services certificate, or its out-of-State equivalent, and
complete three years of successful, full-time teaching
and/or educational services experience. Teaching and/or
educational 	services 	experience 	completed 	in 	a 	New
Jersey 	school 	district 	must 	have 	been 	under 	an
appropriate New Jersey certificate.
Here, the Board determined that the petitioner did not satisfy the requirement for
three graduate elective credits in principles of curriculum design and development for
pre-school 	through 	grade 	12, 	pursuant 	to 	N.J.A.C. 	6A:9B-12.6(a)(2)(ii)(2). 	The
petitioner has argued that certain courses that she took at a Gwynedd University satisfy
the requirement for certification. There was no expert testimony on the definition of the
term curriculum. 	However, the term did not appear anywhere in the lengthy course
descriptions of the courses which petitioner argues satisfy this requirement. 	Moreover,

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there is a course taught by Gwynedd in the same program for which petitioner was
enrolled 	in 	which 	is 	described 	as 	“curriculum 	instruction” 	and 	contains 	the 	term
“Curriculum” in its title as well as throughout the course description. 	Accordingly, I am
not satisfied that the courses for which the petitioner refers to in P-1 though P-5, include
curriculum development or satisfy the New Jersey State requirements for curriculum
development. 	Moreover, I must defer to the expertise of the Board, and there was no
evidence that the decision was arbitrary, capricious or unreasonable.
Accordingly, I CONCLUDE that the petitioner has not met her burden by a
preponderance of the evidence, and I CONCLUDE that the Board’s denial of the
petitioner’s request for the issuance of a Supervisor Certificate was appropriate.
ORDER
It is hereby ORDERED that the Board’s denial of the petitioner’s request for the
issuance of a Supervisor Certificate be AFFIRMED.
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.

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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.
January 21, 2020
DATE 	SARAH G. CROWLEY, ALJ
Date Received at Agency:
Date Mailed to Parties:
SGC/cb

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APPENDIX
WITNESSES
For petitioner:
Carmen Thomas-Henderson
For respondent:
None
EXHIBITS
For petitioner:
P-1 	EDU 844: The Neuroscience of Learning, Summer 2017 - Syllabus
P-2 	EDU 841: Designing Interventions and Assessments, Faculty Instructional
Guide
P-3 	EDU 808: Technology, Data, & Program Evaluation, Course Syllabus
P-4 	EDU 801: 	Educational Policy in Research & Practice in the US, Faculty
Instructional Guide
P-5 	EDU 848: Special Education Practicum I, Faculty Instructional Guide
P-6 	Letter 	rom 	Dr. 	Carol 	Etlen, 	Confirmation 	of 	Ed 	Leadership 	Program
Completion, dated October 3, 2018
P-7 	Transcript, dated August 16, 2018
For respondent:
R-1 	Re-evaluation of Credentials, dated September 28, 2018
R-2 	Credentials Review Summary
R-3 	State Board of Examiners Consideration, dated April 16, 2019
R-4 	Gwynedd Mercy University Faculty Guide, September 2016
R-5 	Gwynedd Mercy University Graduate Catalog, page 73