In the Matter of the Suspension of the School Nurse Non-Instructional Emergency Certificate of Lydia Mokaya, North Hudson Academy, Hudson County, 4/22/2024, (#167-24)

167-24
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
School Nurse Non-Instructional Emergency
Certificate of Lydia Mokaya, North Hudson
Academy, Hudson County.
Synopsis
Petitioner sought to suspend the School Nurse, Non-Instructional Emergency Certificate of the respondent
for resigning on inadequate notice, pursuant to N.J.S.A. 18A:26-10. Respondent filed an answer to an
Order to Show Cause in January 2019, and the matter was transmitted to the Office of Administrative Law
(OAL) for a hearing. The hearing was held remotely via Zoom on January 29, 2021, and an Initial Decision
was subsequently issued by the Administrative Law Judge (ALJ) on March 15, 2024.
The ALJ found, inter alia, that: North Hudson Academy (North Hudson) is a private school for the disabled;
respondent was initially hired by the petitioner as a paraprofessional and thereafter attended nursing
school; she was offered the position of school nurse for the 2018-2019 school year under an emergency
certificate, and was allowed to work a 30 hour week instead of the usual full time schedule of 35
hours/week; petitioner became concerned that her part time nursing schedule was not adequate to cover
the medical needs of the students at North Hudson and discussed this with the school director on
September 11, 2018; at this meeting, the school director told respondent that if she found a full-time
school nurse to replace her, he would hire them; respondent then sought and found a replacement for
her position; respondent tendered a letter of resignation on September 28, 2018, stating that she would
work through December 21, 2018; 	and her replacement assumed the position of school nurse in
January 2019. As N.J.A.C. 6A:9B-4.8, the regulation governing suspension of certificates for failure to give
notice of intention to resign, provides an exception for employees who resign with consent of the school
administration, the ALJ concluded that North Hudson Academy failed to sustain its burden of proof that
the respondent is guilty of unprofessional conduct under N.J.S.A. 18A:26-10 and N.J.A.C. 6A:9B-4.8;
accordingly, the Order to Show Cause seeking a finding that respondent was guilty of unprofessional
conduct was denied.
Upon review, the Commissioner concurred with the ALJ that petitioner, North Hudson Academy, has not
demonstrated by a preponderance of the credible evidence that respondent committed unprofessional
conduct warranting suspension of her certificate under N.J.S.A. 18A:26-10. 	Accordingly, the Initial
Decision was adopted as the final decision in this matter, and the Order to Show Cause was denied.
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.

167-24
OAL Dkt. No. EDU 02633-19
Agency Dkt. No. 38-2/19
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the School
Nurse Non-Instructional Emergency Certificate
of Lydiah Mokaya, North Hudson Academy,
Hudson County.
The record of this matter, the hearing transcript, and the Initial Decision of the Office of
Administrative Law (OAL) have been reviewed and considered. The parties did not file exceptions.
Upon review, and for the reasons thoroughly detailed in the Initial Decision, the Commissioner
concurs with the Administrative Law Judge that petitioner, North Hudson Academy, has not
demonstrated by a preponderance of the credible evidence that respondent committed unprofessional
conduct warranting suspension of her certificate under N.J.S.A. 18A:26-10.1
Accordingly, the Initial Decision is adopted as the final decision in this matter, and the Order to
Show Cause is hereby denied.
IT IS SO ORDERED.2
ACTING COMMISSIONER OF EDUCATION
Date of Decision: April 22, 2024
Date of Mailing: April 24, 2024
1 According to the record, respondent’s certificate expired in July 2019.
2 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.

NEW JERSEY IS AN EQUAL OPPORTUNITY EMPLOYER
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 02633-19
AGENCY DKT. NO. 38-2/19
IN THE MATTER OF THE TEACHING
CERTIFICATE(S) OF LYDIA MOKAYA,
NORTH HUDSON ACADEMY, HUDSON CO.
_____________________________________
TJ Legg, Esq., for petitioner, North Hudson Academy, (The Legg Law Firm, LLC,
attorneys)
Eldridge Hawkins, Sr., Esq., for respondent, Lydia Mokaya
Record Closed: February 20, 2024 	Decided: March 15, 2024
BEFORE JULIO C. MOREJON, ALJ:
SUMMARY OF THE CASE
Petitioner, North Hudson Academy seeks to suspend the School Nurse, Non-
Instructional Emergency 	Certificate of 	respondent, Lydia 	Mokaya 	for 	resigning on
inadequate notice, pursuant to N.J.S.A. 18A:26-10.
PROCEDURAL HISTORY
On January 14, 2019, petitioner, the North Hudson Academy (North Hudson
Academy), filed with the Commissioner of the State of New Jersey, Department of

OAL DKT. NO. EDU 02633-19
2
Education (Commissioner of Education) , an Order to Show Cause and Affidavit of Dennis
P. McCarthy, Director of North Hudson Academy, seeking to suspend the School Nurse,
Non-Instructional 	Emergency 	Certificate 	(certificate) 	of 	respondent, 	Lydia 	Mokaya
(Mokaya) for unprofessional conduct pursuant to N.J.S.A. 18A:26-10.
On January 23, 2019, the Commissioner of Education entered the Order to Show
Cause and instructed North Hudson Academy to serve the same on Mokaya in order to
initiate proceedings before the Commissioner of Education. Mokaya was served and on
February 19, 2019, Mokaya filed her answer.
On February 25, 2019, the Commissioner of Education transmitted the underlying
case to the Office of Administrative Law for an evidentiary hearing. On March 26, 2019,
an initial status telephone conference was held, and a Prehearing Order was entered
therein. On September 3, 2019, a Notice of Substitution of Attorney was submitted to the
undersigned, wherein the Academy’s legal counsel, Gregory Mgrditchian, Esq., of the law
firm of DeGrado Halkovich, LLC, was substituted by TL Legg, Esq., of the law firm of Legg
Law Firm, LLC.
An evidentiary hearing was held via zoom on January 29, 2021. 	The parties
requested the record to remain open to obtain hearing transcripts and submit post-hearing
written summations. Following the hearing, telephone status conferences were held on
May 3, 2021, June 3, 2021, and September 27, 2021, regarding the status of the hearing
transcripts, and submission of the post hearing briefs. Written summations were filed by
petitioner on December 21, 2021, and respondent on July 25, 2022.
The record remained open to allow for a review of the hearing exhibits, transcript,
and summations, and the same closed on February 20, 2024.
FACTUAL DISCUSSION
In the evidentiary hearing, North Hudson Academy called Mokaya to testify and
also presented testimony from Robert Federer, Esq., and Dennis McCarthy, Director of
the North Hudson Academy. Mokaya also testified on her own behalf. I FIND all of the

OAL DKT. NO. EDU 02633-19
3
witnesses in this matter credible and their testimony to be truthful, and where appropriate,
to be corroborated by the documentary evidence submitted herein.
Having considered the testimony of Lydia Mokaya, Robert Feder, Esq., and Dr.
Dennis McCarthy, and the following documentary evidence entered into the record: as to
North Hudson Academy, exhibit P-2; and as to Mokaya exhibits R 1 through R5, and R8
through R11, I make the following FINDINGS of FACT:
North Hudson Academy is a private non-profit corporation providing education to
the disabled, in North Bergen, New Jersey.1 	Mokaya was originally hired by North
Hudson Academy as a para profession. 	Thereafter, she attended nursing school. 	On
June 5, 2018, Mokaya entered into an employment contact with North Hudson Academy
for the school year 2018-2019, as a School Nurse, holding a School Nurse Non-
Instructional Emergency Certificate (R-1). The “school year” is defined from when classes
begin in September through the end of the school year in June. (Id.) 	Although her title
was that of a “non-instructional” school nurse, North Hudson Academy listed her as a
“teaching staff member” because she had been a para professional at the school prior to
being hired as the school nurse. (Transcript: 245: 3-13).
The School Nurse position was a full-time position, of thirty-five hours per week.
At the time she signed the employment contract, Mokaya intended to work for the full term
of the agreement. However, Mokaya was unable to work the full-time schedule required
because she worked at night and North Hudson Academy allowed her to work about thirty
(30) hours per week. 	Mokaya acknowledged the terms of the employment contract
requiring her to work a full school year and the consequences for her not doing the same.
(R-1, Section 6.3, and Memorandum dated June 1, 2018).
Mokaya was concerned that because some of the students who attended North
Hudson Academy required medical attention, and she could not work the full-time hours,
the school would be best served by a full-time School Nurse. 	On September 11, 2018,
Mokaya had a conversation with Dr. Dennis McCarthy (Dr. McCarthy), where she
1 	It was represented by Dr. Dennis McCarthy, Director of North Hudson Academy that the school is
approved by the Commissioner of Education as a private non-profit school providing education to the
disabled.

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4
expressed her concern that North Hudson Academy needed a full-time School Nurse to
attend to some of the student’s medical needs. Dr. McCarthy told her to “find me a full-
time nurse and I'll hire them.” (Transcript 54:22-55:10). Mokaya believed that if she could
find a full-time School Nurse she could leave her employment at North Hudson Academy.
(Id.)
On September 28, 2018, Mokaya tendered a letter of resignation to Dr. McCarthy,
effective December 21, 2018. (R-9). 	As per her discussion with Dr. McCarthy, Mokaya
sought a replacement for the School Nurse position, for when she was to leave. Mokaya
knew someone called “Sabrina” and told her about the upcoming opening at North
Hudson Academy due to her pending resignation in December 2018. (R-10). 	Sabrina
applied, was interviewed, and hired by North Hudson Academy as School Nurse, and
commenced her employment as School Nurse in January 2019, after Mokaya left. After
satisfying North Hudson Academy’s sixty-day probationary period for new hires, Sabrina
remained School Nurse at North Hudson Academy through the end of the school year in
June 2019. Sabrina did not seek to renew her contract with North Hudson Academy after
the school year.
On December 7, 2019, Dr. McCarthy prepared a Memorandum addressed to
Mokaya, referencing her “Employment Resignation” (R-3). The Memorandum contained
the following language:
You have informed the school administration that you have
decided 	that 	your 	last 	day 	of 	work 	attendance 	will 	be
December 21, 2018.
It is understood that you will professionally and satisfactorily
perform all current duties as a School Nurse through 3:15PM
Friday, 	12/21/18, 	including 	the 	successful 	transition 	of
information and support to staff who may be assuming your
duties.
Finally, you are responsible for the satisfactory completion
(and review with the Indicated staff member ) of the following
prior to 3:15PM 12/21/18:
[listed obligations are not included herein]

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Please be advised that your final pay check cannot be release
if the obligations above ae not satisfactorily met by your last
day of work.
[R-3]
Mokaya completed all of the required obligations contained in the Memorandum
and her last day of employment as School Nurse at North Hudson Academy was
December 21, 2018, which was the last day of classes. She was paid her final pay check
said date. (R-10A).
North Hudson Academy affirmed that the employment contract (R-1) prepared by
its counsel, Robert Feder, Esq., (Feder), was revised by Dr. McCarthy as to the terms
applicable to for the school year in question (2018-2019) (R-3). Feder also affirmed that
the employment contract did not have a breach of contract provision or early termination
provision. 	(Transcript: 125:19-22). 	Feder further confirmed that the decision to file the
Order to Show Cause in this matter was made by Dr. McCarthy and did not include the
Board of Trustee’s vote. (Transcript: 153: 19-25 and 154: 1:5). Feder further confirmed
that the purpose of proceeding with the underlying Order to Show Cause against Mokaya
was “among other things is the [sic] discouraging people to breach their contracts and the
detrimental affect it has on the school and its student population.” 	(Transcript: 155:19-
24).
Dr. McCarthy testified that North Hudson Academy undertook the within action
against Mokaya because he believed she was guilty of “unprofessional conduct” because
she left her employment before the end of her one-year term. 	(Transcript: 190:5-25).
When asked on direct examination to explain the December 7, 2018 memorandum (R-3),
Dr. McCarthy stated that the memorandum contained the items Mokaya needed to
complete before she left her employment after December 2018. (Transcript: 202:23-24;
203: 1-25). Dr. McCarthy testified that Mokaya’s decision to leave her employment prior
the end of the term was a “breach” of the employment contract and that he never intended
or communicated to Mokaya that she was being let out of her contract prior to its term.
(Transcript: 209:2-12).

OAL DKT. NO. EDU 02633-19
6
On cross-examination, Dr. McCarthy denied requesting a replacement nurse from
Mokaya and denied agreeing to the same, despite one being provided and hired by the
school. 	(Transcript: 221: 4-12). 	Dr. McCarthy confirmed that the primary reason the
underlying action was filed was because Mokaya left prior to the end of her employment
contract and the school needed “consistency” of a nurse for the school year. (Transcript:
227: 1-7). In cross-examination, Dr. McCarthy admitted that he knew a replacement for
Mokaya had been hired, but he did not know at the time if she would be a “qualified”
replacement. 	(Transcript: 276:9-13). 	Dr. McCarthy confirmed that Sabrina was a
qualified replacement, as she remained through the end of the school year. (Transcript:
281: 18-23).
Dr. McCarthy testified that after June 2019, Sabrina left and North Hudson
Academy contracted a nursing service company, which did not always provide the same
nursing personnel during the school year. 	(Transcript: 240: 6-20). 	Dr. McCarthy
confirmed that with the exception of one employee who left during their sixty-day
probationary period, all prior staff who left North Hudson Academy before the end of their
contract term were brought up on charges before the State Department of Education.
(Transcript: 285:3-7). Dr. McCarthy further stated that the decision to commence the
within action against Mokaya was done strictly for school policy reason and not with any
malice toward Mokaya.(Transcript: 286:10-14). 	North Hudson Academy affirmed that it
did not suffer any monetary damages due to Mokaya leaving her employment prior to the
contract term. (Transcript: 297: 17-26).
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)
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

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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 the only required criteria in dispute is
whether North Hudson Academy gave “consent” for Mokaya’s departure prior to the
expiration of her employment agreement. 	Mokaya’s employment contract with North
Hudson Academy does not provide an early termination provision. 	However, the
employment contract does provide at paragraph 6.3 that an employee who leaves prior
to the end of the school year, will be responsible for any “damages” the school incurs and
will also be “assumed guilty” of unprofessional conduct “as per N.J.A.C. 6A:9-17.9” 	(R-
1). The cited regulation is now known as N.J.A.C. 6A:9B-4.8, suspension of certificates
for failure to give notice of intention to resign, and provides:
(a) A 	teaching 	staff 	member 	employed 	by 	a 	district 	board 	of
education who ceases, without the district board of education's
consent, to perform the teaching staff member's duties prior to
the expiration of the term of employment shall be deemed guilty
of unprofessional conduct.
(b) Upon 	receiving 	notice 	of 	the 	fact, 	the 	Commissioner 	may
suspend the certificate for a period not to exceed one year
pursuant to N.J.S.A. 18A:26-10.
(c) Appeal of the Commissioner's decisions pursuant to this section
shall be in accordance with N.J.A.C. 6A:4.
The Commissioner of Education has held that the central purpose of N.J.S.A.
18A:26-10 is "to provide notice to the school so that a suitable replacement can be hired
without adversely impacting students." Penns Grove-Carney's Point Board of Education
v. Leinen, 94 N.J.A.R.2d (EDU) 405, 407.
The operative word in N.J.A.C. 6A:9B-4.8 for a teaching staff member not to be
found guilty of unprofessional conduct is that the school gave “consent” to their departure
prior to the term of their employment agreement. The testimony of both Mokaya and Dr.
McCarthy show that North Hudson Academy was aware as early as September 18, 2018,
that Mokaya would be leaving the school prior to end of her contract term. Said testimony

OAL DKT. NO. EDU 02633-19
8
and that of Feder, further reveals that the school did not sustain any “damages” as
Mokaya produced Sabrina as her replacement, who remained as school nurse through
the school year. Moreover, the record reveals that Mokaya completed all of her assigned
tasks prior to her departure in January 2019 (R-3). 	The only reason this action was
commenced by North Hudson Academy was because Dr. McCarthy felt that the time of
Mokaya’s departure he did not have a “qualified” replacement in Sabrina.
Dr. McCarthy’s testimony that Mokaya’s early departure would be disruptive to the
school is contradicted by the record which shows: 1)Mokaya provided four-months’ notice
of her departure; 2) nurse replacement was in place prior to Mokaya’s departure and 3)
the replacement nurse remained employed through the end of the school year.
For these reasons, I CONCLUDE that petitioner, North Hudson Academy has not
sustained its burden of proof by a preponderance of the credible evidence that Mokaya
is guilty of unprofessional conduct under N.J.S.A. 18A:26-10 and N.J.A.C. 6A:9B-4.8.
Accordingly, I CONCLUDE that the Order to Show Cause seeking a finding that Mokaya
is guilty of unprofessional conduct under N.J.S.A. 18A:26-10 is DENIED.
ORDER
The charge of unprofessional conduct against respondent Lydia Mokaya is hereby
DENIED.
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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9
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.
March 15, 2024
DATE 	JULIO C. MOREJON, ALJ
Date Received at Agency: 	March 15, 2024
Date E-Mailed to Parties: 	March 15, 2024
lr

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APPENDIX
WITNESSES
For Petitioner:
Lydia Mokaya
Robert S. Feder, Esq.
Dennis P. McCarthy
For Respondent:
Lydia Mokaya
EXHIBITS
For Petitioner:
P-2 	Text messages
P-3 	Certification of Lydia Mokaya
For Respondent:
R-1 	Employment Agreement
R-2 	June 1, 2018, Memorandum
R-3 	December 7, 2018, Memorandum
R-4 	Affidavit of Dennis P. McCarthy
R-5 	Order to Show Cause
R-6 and R-7 Not admitted
R-8 	Emergency Diabetic Plan
R-9 	September 28, 2018 Letter of Resignation
R-10 	Text exchanges between Mokaya and Sabrina
R-10A Pay Stubs
R-11 	June records and memos regarding Mokaya