By Michael Kaelber, Esq., Coordinator of Continuing Legal Education and Research, Foundation for Educational Administration
The State Board of Examiners (SBE) is the agency that issues all teaching staff member certificates that are required for employment in the New Jersey public schools. The SBE is also responsible for rendering decisions on the suspension or revocation of certificates.
Decisions of the State Board of Examiners are appealable to the Commissioner of Education. Certificate suspension and revocation cases are appealable to the Commissioner while denial of the issuance of certification cases proceed directly to the Commissioner as contested cases.
During the 2026 calendar year to date, the State Board of Examiners has issued 30 decisions, with nine decisions making their way to the Commissioner of Education. This article takes a look at the nine SBE decisions that have made their way to the Commissioner.
Vicki Plowden v. New Jersey Department of Education, State Board of Examiners – In a January 23, 2026 decision, the Commissioner of Education upheld the State Board of Examiners denial to issue a Student Assistance Coordinator Certificate. The SBE notified Ms. Plowden, on January 19, 2024, that her application had been blocked for unbecoming conduct because she failed to disclose her prior blocked application for School Psychologist and School Social Worker endorsements, criminal charges for simple assault and possession of a weapon, and an Order to Show Cause that was pending against her. On May 23, 2025, more than a year after the SBE decision, Ms. Plowden appealed the decision to the Commissioner. The appeal was untimely as it was made more than 90 days after the SBE decision, missing the statutory deadline. The matter was dismissed.
In the Matter of the Certificates of Joseph DeShan, State Board of Examiners – In a decision issued February 17, 2026, the Commissioner affirmed the State Board of Examiners revocation of appellant’s Teacher of Elementary School Grades K-8 Certificate of Eligibility with Advanced Standing and standard Teacher of Elementary School Grades K-8 certificate. Appellant had committed acts of unbecoming conduct when, beginning in 1988 he engaged in a sexual relationship with a fourteen-year-old female who worked at the church rectory while appellant, in his late 20s, was studying to become a priest. This relationship led to fathering a child with the female employee in 1990 just days after she turned 16. In 2015, as a school district employee, appellant made a comment to a female student about her “pretty green eyes” which made the student feel uncomfortable.
In a separate earlier action in 2019, tenure charges had been dismissed against appellant as the school district relied on hearsay and by reinstating appellant to his position in 2002 after confirming the relationship between appellant and the minor, it had already had its opportunity to act on appellant’s pre-employment conduct.
Appellant argued that the dismissal of the tenure charges should preclude the SBE certificate revocation. The Commissioner, relying on recent New Jersey Supreme Court and Appellate Division decisions in In re Cilento and Morison v. Willingboro BOE, held that the district’s tenure proceedings and SBE’s certificate proceedings are governed by two distinct and dissimilar statutory schemes. See N.J.S.A. 18A:6-10 to -18.1 and N.J.S.A. 18A:6-38. Furthermore, there is no privity between the parties since the SBE was not a party to the district’s tenure proceedings, and the district is not a party to the SBE’s certificate proceedings. Accordingly, the Commissioner found that the dismissal of the district’s tenure matter does not preclude the instant matter and affirmed the SBE’s revocation decision.
In the Matter of the Certificates of Casey (Birchett) Blaha, State Board of Examiners – In a February 26, 2026 decision, the Commissioner affirmed the decision of the State Board of Examiners suspending appellant’s Teacher of Elementary Grades K-8 Certificate of Eligibility with Advanced Standing and Teacher of Elementary Grades K-8 certificate for a period of two years. Appellant pled guilty to Driving Under the Influence. Appellant committed conduct unbecoming when she, with four children in her car at a carnival event, was intoxicated and started the vehicle, intending to drive.
Arguments by the appellant, included that the SBE erred in increasing the suspension penalty to two years since her DWI offense was unrelated to her performance as a schoolteacher, did not involve any of her students, and did not take place on school premises, the two-year suspension was excessive when compared to prior cases with similar facts and the fact that the child endangerment charges were dismissed were all rejected by the Commissioner. The Commissioner found that the Board’s determination — that appellant committed unbecoming conduct when she placed four children at serious risk by getting behind the wheel of her vehicle with a blood-alcohol level at more than three times the legal limit — was not arbitrary, capricious, or unreasonable.
Latson W. Cockfield v. New Jersey Department of Education, State Board of Examiners – In a March 11, 2026 decision, the Commissioner of Education reviewed the SBE denial of the issuance of a Teacher of Business, Finance, Economics, and Law Certificate of Eligibility (CE). The SBE determined that petitioner had not completed three (3) semester-hour credits in economics and three (3) semester-hour credits in business law as required by N.J.A.C. 6A:9B-10.12. The Commissioner remanded the matter back to the SBE for further review of alternative education and/or workplace experience that could demonstrate a one-to-one relationship with the outstanding regulatory requirement as part of the credential review process. Through the remand, SBE will be able to evaluate the information submitted to the OAL and can explain which credits, if any, it has accepted towards the regulatory requirement.
In the Matter of the Certificates of Christina Owens, State Board of Examiners, New Jersey Department of Education – In a March 16, 2026 decision, the Commissioner reviewed the SBE’s revocation of appellant’s Teacher of Elementary Grades K-8 Certificate of Eligibility with Advanced Standing, standard Teacher of Elementary Grades K-8 certificate, Principal Certificate of Eligibility, and Supervisor Certificate. Appellant was a non-tenured teacher in the Dover School District (District). On May 9, 2022, the district issued appellant a notice of termination, effective June 7, 2022, for reporting to work under the influence of alcohol. Earlier that day, appellant submitted to two blood alcohol tests, the results of which were positive for alcohol. The matter was forwarded to the SBE for possible action on revocation of appellant’s certificates.
The Commissioner found that the SBE did not follow the timeline established by N.J.A.C. 6A:9B-4.6(f) when it considered the matter to revoke appellant’s teaching certificates at its meeting on June 29, 2023, which took place prior to the deadline for written submissions and remanded the matter to the SBE to provide appellant the opportunity to submit written submissions. Appellant shall have 30 days from the mailing date of the Commissioner’s decision to file a written submission after which the SBE will advise petitioner of its consideration of the matter and whether her appearance will be necessary.
In the Matter of the Certificates of Luke Maginnis, State Board of Examiners, New Jersey Department of Education – In an April 21, 2026 decision, the Commissioner upheld the SBE suspension of appellant’s Teacher of Physical Education Certificate of Eligibility with Advanced Standing and standard Teacher of Physical Education certificate for one year. Appellant was employed as a non-tenured health and physical education teacher and athletics coordinator in the Califon Public School District (District). He was terminated by the district following discovery that upon his initial employment, he misrepresented in his resume that he held special education certification issued by the New Jersey Department of Education and a master’s degree from Fairleigh Dickinson University (FDU).
Commissioner finds that the SBE was not arbitrary, capricious, or unreasonable in determining that appellant committed unbecoming conduct when he misrepresented the status of his teaching certificates and higher learning on his employment application and resume. Schools must be able to rely on the information educators provide and such misrepresentation had the tendency to destroy the public trust and confidence in school employees and the operation of public schools. The one-year SBE suspension penalty was neither arbitrary nor capricious.
In the Matter of the Certificates of Matthew O’Brien, State Board of Examiners, New Jersey Department of Education – In an April 28, 2026 decision, the Commissioner upheld the SBE revocation of appellant’s Teacher of Business: Finance/Economics/Law Certificate of Eligibility and Teacher of Business: Finance/Economics/ Law certificate.
The Commissioner agreed with the findings of the SBE that appellant repeatedly demonstrated inappropriate behavior towards a classified student identifying the student as a classified student in front of other students, repeatedly mimicking the student’s voice and mannerisms in the presence of other students. He asked the classified student questions that staff members considered to be demeaning and inappropriate. He utilized a “Wall of Shame,” where he listed the names of students who demonstrated bad behavior in the classroom, which embarrassed and humiliated those students. He “checked out” a female student walking down the hallway and made an inappropriate and suggestive comment about her to male students.
After an initial school district affirmative action investigation appellant resigned from his teaching position amidst the allegations prior to matters being submitted to the SBE. No tenure charges were filed.
David Weiner v. New Jersey Department of Education, State Board of Examiners – In a May 29, 2026 decision, the Commissioner upheld the SBE denial of appellant’s application for a standard Teacher of English as a Second Language (ESL) certificate. Appellant completed his educator preparation program at the University of Alcalà in Spain. The SBE denied his application upon concluding that he had not completed an NJDOE-approved educator preparation program at a New Jersey college or university as is required by N.J.A.C. 6A:9B-11.6(b).2.
Upon review of the SBE decision, the Commissioner affirmed the SBE’s decision. Petitioner completed his educator preparation program at the University of Alcalà in Spain, which is not an NJDOE approved New Jersey college or university educator preparation program. However commendable petitioner’s education and teaching experience gained under his provisional certificate may be, the ALJ correctly concluded that the regulations prohibit the SBE from permitting candidates to substitute alternative education and/or experience for an approved educator preparation program to satisfy certification requirements.
Board of Education of the Ocean County Vocational Technical School District, Ocean County v. New Jersey Department of Education, State Board of Examiners – In a June 2, 2026 decision, the Commissioner concurs with the Administrative Law Judge (ALJ) that petitioner’s employee did not meet the criteria established by N.J.A.C. 6A:9B-8.5(c) for a second renewal of his provisional teaching certificate.
The plain language of the regulation at issue is clear: for a candidate to qualify for a second renewal, the candidate must satisfy either one of the two alternative criteria listed at N.J.A.C. 6A:9B-8.5(c).
1. Hold a CE with a teacher of students with disabilities endorsement, or a CE with a bilingual/bicultural endorsement, and a CE with an endorsement appropriate to the subject or grade level to be taught; or hold a CE with an English as a second language endorsement. The duration of the CE educator preparation program and required coursework for the endorsement(s) also extends beyond the four-year provisional period; or
2. Not receive from the school district, by July 31 of the fourth year, the annual summative rating as required for a standard certificate, pursuant to N.J.A.C. 6A:9B-8.4.
The regulation includes no provision granting SBE discretion to consider extenuating circumstances as grounds for waiving certain certification requirements. In fact, N.J.A.C. 6A:9B-4.12(c)(1) explicitly prohibits the SBE from waiving certification requirements. There is nothing in the record to suggest that the employee in question is eligible for a second renewal of his provisional teacher certificate.
Conclusion
The State Board of Examiners renders decisions on the suspension or revocation of a teaching staff member’s certificate, reviews applications of individuals who have a criminal record and considers appeals of decisions regarding eligibility for certification. The fact patterns are often interesting and sometimes even hard to believe. It is hoped that this article will give you an eye into the work of the State Board of Examiners, spark your interest in this area and provide cautionary information to help guide others in their conduct as school employees.