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October 15, 2008
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Supt. seeks to end issue with apology for diploma
Board's attorney says only state commissioner can fire FRHSD leader

The situation involving doctoral degrees received by administrators from a discredited online institution is over, according to Freehold Regional High School District Board of Education members and attorneys.

Superintendent of Schools James Wasser apologized to those present at the board's Oct. 6 meeting at Howell High School for the three-month controversy that has angered taxpayers and legislators around the state.

Board President Patricia Horvath told the public, "These issues are therefore closed and are no longer up for debate. As a result, we don't plan to discuss them any further since we have reached a point where there is no action for the board to take. And the continued dialogue is interfering with the board's ability to fulfill its responsibilities to our students. The board will next consider any issues related to the superintendent's contract in June 2010, one year prior to its expiration, as it normally would. The board is going to move on and we ask the public to move on as well."

Wasser, Assistant Superintendent Donna Evangelista and Frank J. Tanzini, a retired assistant superintendent, received doctoral degrees from Breyer State University, an online institution that has been labeled an apparent diploma mill. The three administrators were each awarded a $2,500 pay increase after receiving the advanced degree and the district paid $8,700 in tuition costs to Breyer State University for all three employees.

Following an investigation by the state Department of Education a report was released that stated that due to contractual language, the administrators broke no laws in obtaining degrees from Breyer State, which was accredited, but not by an entity that was recognized as a bona fide accrediting agency.

In a separate investigation, New Jersey Commission on Higher Education Executive Director Jane Oates determined that the individuals had to cease their use of the doctoral title because Breyer State is not considered a duly authorized institution, lacking accreditation from an agency recognized by the Department of Education.

In the months since the issue came to the attention of the public, some residents of the district's sending municipalities have called for board members to fire Wasser for what they said was conduct unbecoming of a superintendent.

At the board's Oct. 6 meeting, Stephen Edelstein, one of the board's attorneys, explained why Wasser could not be fired by the board.

Edelstein said that as the district's superintendent, Wasser is a contractual employee, but is awarded the same tenure rights a teacher experiences during his contract term. Wasser's current contract runs through June 2011 and current law states that one year before the expiration date the board would have to review that contract. The state commissioner of education would be the person to make any decision to fire a superintendent following an investigation into the facts of the situation, Edelstein said.

The attorney said such an investigation occurred during the summer when the Department of Education initially investigated the matter. The report issued by the state said there was no evidence that any of the individuals had the intent to deceive when obtaining their degree from Breyer State University. With those findings, Edelstein said, the commissioner has already determined there is no cause to terminate Wasser's term as superintendent.

Following the attorney's presentation, Horvath said the board is severely limited in the actions it can take with individuals who have tenure. She said it is time to move forward.

Wasser apologized to the public for the diploma debacle that has been the focus of attention for the past three months. He said there was never any deceit in his obtaining a degree and said Breyer State was licensed and accredited by three agencies in 2004 when he began to pursue his degree.

"I feel very strongly about my decision to pursue a doctorate program and I don't regret trying to improve myself," Wasser said, citing the benefits that have occurred from his degree program, including the RAISE Academy.

RAISE is the Regional Alternative Instruction for Success in Education Academy. The in-district program is geared toward students who encounter difficulty succeeding in a regular school setting.

Wasser apologized to the board members for "placing them in this awkward position." He apologized to the entire district for what he called his "lack of due diligence concerning the Breyer State issue."

"I've acknowledged my short-sightedness. To those I may have offended I apologize. I have fully complied with the state Department of Education agencies' directives by not using the title of doctor and have voluntarily given back the monetary reward as stated in my contract that is associated with the attainment of a doctorate in education," Wasser said.

Wasser also said he has decided not to attend the National School Boards Association's conference in California following the organization's decision to rescind an invitation for him to present information about the FRHSD's teenage driver safety program.

"It is time to end the controversy for me, for my family, for our school board and most importantly for the students and staff of this great school district," he said.

Board member Bunny Hammer said she was glad to hear the superintendent apologize, but said she regretted that it had not been done two months ago since doing so then may have prevented a lot of the angst that followed.

When the floor was opened up to the public, those who spoke were not pleased with the board's directive to not speak about the issue anymore. Speakers said the incident regarding the advanced degrees is not finished since taxpayers are now left paying for legal fees and for the police presence that has been seen at recent board meetings.

Manalapan resident Leon Sirulnick asked why Evangelista has not commented on the matter or apologized, as she, too, obtained her advanced degree from the same institution from which Wasser obtained his.

"It would be nice to hear a comment from her. Does Mr. Wasser's apology also cover her? Does she not feel the same way about it?" Sirulnick asked.

Sirulnick said he believed other people shared his lack of faith in Wasser's apology, which came eight weeks after questions were first raised.

"As much as you want to talk about how good this board is and how good the high school district is, we don't find too many superintendents getting their degrees from unaccredited universities claiming that they didn't know. You can't kid us and tell us that you didn't know what you were doing. That's why we don't believe your apology," Sirulnick told Wasser.

He said Wasser should do the honorable thing and resign from his position since the board's hands are tied.

Gloria Close of Manalapan told board members it is not easy for the taxpayers to move forward from this issue. Close spoke about the lingering effects in the form of bills that residents are left to pay.

"Did you really think for once that we are criminals, that we're going to attack you? This really amazed me. We are parents, we are taxpayers who are concerned. But you keep on doing this thing to us. I'm very uncomfortable to be surrounded here by police officers because I'm not a criminal," Close said of the police officers who were in attendance at the Oct. 6 meeting.

Close said paying for police officers to attend board meetings is an example of how money is wasted in the FRHSD.

Contact Rebecca Morton at marlboro@gmnews.com