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August 20, 2008
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Policies, not degrees, take a hit in state report
Administrators' advanced work was called into question

An investigation into tuition payments made on behalf of and raises made to three administrators in the Freehold Regional High School District has found the actions to be compliant with the terms of each employee's contract.

The New Jersey Department of Education Office of Fiscal Accountability and Compliance Investigations Unit released its report on Aug. 13.

In recent weeks, questions were raised about the validity of doctoral degrees obtained by FRHSD Superintendent of Schools James Wasser, Assistant Superintendent Donna Evangelista and now retired Assistant Superintendent Frank J. Tanzini.

Wasser, Evangelista and Tanzini each received a doctorate from Breyer State University, which until recently was operated from Alabama.

Each administrator was awarded a $2,500 pay increase by the FRHSD Board of Education for receiving a doctorate and the district paid $8,700 in tuition to the university.

Breyer State, declared to be an apparent diploma mill by the Alabama Community College System Department of Postsecondary Education, was unable to have its operating license renewed in Alabama in July. The school is said to now operate out of Idaho, but an operator told Greater Media Newspapers there is no listing for the school in the state.

Breyer State's Internet Web site provides a Los Angeles, Calif., address and telephone number. An operator said there is no listing for the school in Los Angeles and the telephone number provided is registered to Red Carpet Motoring Ltd.

The university states on its Internet Web site that it is accredited by the Association for Innovation in Distance Education (AIDE). This accrediting organization is not recognized by the U.S. Department of Education, which means schools accredited by AIDE do not have any regional accreditation nor are students eligible for any federal grant or loan programs.

AIDE has accredited two schools, according to its Web site: Breyer State University and Canyon College, another distance learning school.

A representative of Breyer State did not return a message seeking comment. The message was left at the Los Angeles number provided on the Web site.

Complaints about the FRHSD administrators' advanced degrees were made to the New Jersey Attorney General's Office, which forwarded them to the Department of Education.

Another complaint was filed with the Monmouth County Prosecutor's Office. A message left with the prosecutor's office seeking comment on the status of its investigation was not returned.

The 10-page report released by the state Department of Education on Aug. 13 identified issues of "procedural noncompliance with statute and ambiguities in contract terms and district policy."

One procedural issue concerned the prepayment rather than reimbursement of tuition paid to Breyer State University and a lack of clarity in the administrators' contracts and board policy that may result in significant expenditures by the district without a resulting benefit.

According to the report, on Sept. 20, 2004, a check was issued in the amount of $8,700 to Breyer State University for tuition for the three FRHSD administrators.

The investigator noted that procedurally, the administrators should have issued personal checks to Breyer State University and obtained documentation itemizing the cost of the program and acknowledging payment.

They then should have submitted the items for reimbursement by signing the vendor's declaration and affirmative action statement that is on the purchase orders from the district. The board secretary, after verification and audit, should then have presented the request for payment to the Board of Education for approval.

After he completed the doctoral program based on the terms of his contract and in accordance with the teacher salary guide, Wasser's annual compensation was increased by $2,500. However, the district did not provide documentation that the increase was presented to the Board of Education for approval, according to the report.

The Department of Education's report stated, "Since neither the superintendent's contract nor board policy No. 3240 require enrollment in an accredited institution and since there is no superseding statute or code, enrollment in Breyer State University, as an institution chosen by the superintendent, meets the requirements of the contract and board policy. As such, the reimbursement of tuition for the superintendent was permitted."

In the report, investigators expressed concern that the wording of contracts, along with the current board policy authorizing reimbursement, is too broad. The current wording allows reimbursement of tuition upon enrollment rather than successful completion of the degree requirements.

"The benefit should not accrue until the individual has successfully completed a program that is offered by a duly authorized institution of higher education as referenced in NJAC 9A:1-8.21," the report states.

The Department of Education also suggested that the FRHSD establish a qualifying grade that must be achieved to be eligible for reimbursement, and to establish a limit on either the dollar amount or number of administrators eligible for full reimbursement in any one fiscal year.

"A cursory examination … revealed that between Jan. 10, 2006 and June 6, 2008 district reimbursements to one administrator totaled $49,521.65," the investigation revealed.

When looking into the accreditation aspect of the complaint, the Department of Education found that Breyer State University was not licensed in Alabama during September 2004 when the district approved and made payment to the university.

Wasser told members of the public at the Board of Education's July 28 meeting that the institution was fully licensed and accredited by two bodies at the time of his doctoral work. He said he based his understanding of that aspect of the situation on the school's Internet Web site.

The Department of Education questionedWasser on this point and the report states that the superintendent "presented a copy of the June 2004 Breyer State University Web site indicating that, 'Breyer State University is an accredited member of the Central States Consortium of Colleges and Schools … Breyer State University has been granted institutional accreditation … until 2007.'"

Other documents, including his official academic record, supplied by Wasser showed similar statements from Breyer State citing its licensing and accreditation.

T

he report concluded, "The (Department

of Education) has determined, however, there is no sustainable evidence to support a conclusion that any of the three individuals possessed the prerequisite intent to deceive when they obtained the degrees."

One point in the complaints received by the Department of Education was into the alleged misuse of a title due to fraudulent degrees. As the department does not have jurisdiction over those matters, a copy of the investigation was forwarded to the Commission on Higher Education.

Wasser told Greater Media Newspapers, "I'm glad this is all over."

The superintendent said he is busy preparing for the district's six schools to open in a few weeks and said he is happy to be focusing on that aspect of his job.

The FRHSD Board of Education will address the findings of the state Department of Education report at its Aug. 25 meeting, he said.

Marlboro resident Jim Sage spoke out against the administrators' raises and the tuition reimbursement that was provided at the taxpayers' expense during the board's July 28 meeting.

After learning what the Department of Education found in its investigation, Sage said, "It's obvious there are flawed policies in the Freehold Regional High School District and certain individuals took advantage of these flawed policies at the taxpayers' expense."

Sage said he believes new leadership for the school board is required. He said the matter remains open while the prosecutor's office is still investigating and now the Commission on Higher Education is looking into the situation.