In the Matter of the Tenure Hearing of Kenia Penalva, Board of Education of the Town of West New York, Hudson County, 8/10/2020, (#164-20)

164-20
Agency Dkt. No. 141-6/20
New Jersey Commissioner of Education
Final Decision
In the Matter of the Tenure Hearing of
Kenia Penalva, School District of the
Town of West New York, Hudson County.
For the Petitioner, Nashali A. Rose, Esq.
No appearance by or on behalf of Respondent, Kenia Penalva
This matter was opened before the Commissioner of Education on June 22, 2020,
through tenure charges of incapacity, unbecoming conduct and other just cause certified by Clara
Brito Herrera, Superintendent of the West New York School District (“District”), together with
supporting evidence against respondent, Kenia Penalva, a tenured custodian in the District’s employ.
The District provided respondent with written notice of such certification at the respondent’s last
known address on June 22, 2020.
On June 24, 2020, the Commissioner directed the respondent, via regular mail to file
an answer to the charges. This communication clearly provided notice to respondent that, pursuant to
N.J.A.C. 6A:3-5.3 and 6A:3-5.4, an individual against whom tenure charges are certified “shall have
15 days from the day such charges are filed with the Commissioner to file a written response to the
charges with the Commissioner.” 	The notice also states that the failure to answer within the
prescribed period, absent granting of an extension for good cause shown, would result in the charges
being deemed admitted. 	No reply to the tenure charges was received from or on behalf of the
respondent.

2
The certified tenure charges and statement of supporting evidence filed by the District
in this matter indicate that throughout 2019 and up until February 27, 2020 the respondent has been
out on medical leave because she has been unable to perform her custodial duties. The respondent is
no longer on approved leave and she has not returned to work. 	Deeming the allegations to be
admitted and noting that the respondent has failed to respond to the charges certified against her, the
Commissioner finds that the District’s charges of incapacity and other just cause have been proven
and warrants the respondent’s dismissal. 	Accordingly, summary decision is hereby granted to the
District, and the respondent is dismissed from her tenured position with the District.
IT IS SO ORDERED.*
INTERIM COMMISSIONER OF EDUCATION
Date of Decision: 	August 10, 2020
Date of Mailing: 	August 12, 2020
* 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).