Schwartz said Wasser had not been provided with legal notification, referred to as a Rice notice, that the situation involving his receipt of the advanced degree could be or would be discussed by the board.
The board's next meeting is scheduled for Sept. 22.
Although the board members did not discuss Wasser specifically, they voted unanimously to accept the recommendations of the state Department of Education's investigative report to adhere to tuition reimbursement procedures that stipulate a reimbursement payment should be made to an individual upon the completion of course work.
Patricia Horvath, Ron Lawson, Joan Leimbach, Diana Cappiello, Kathie Lavin, Christopher Placitella, Thomas Caiazza and Bunny Hammer voted on the matter concerning the tuition reimbursement.
Katie Goon, who is Marlboro's representative to the board, was not present at the meeting. She was out of the country.
The Department of Education's investigation was sparked by a citizen complaint after questions were raised about the validity of doctoral degrees obtained by Wasser, Assistant Superintendent Donna Evangelista and Frank J. Tanzini, a retired assistant superintendent.
Wasser, Evangelista and Tanzini each received a doctorate from Breyer State University, an online institution that until recently was operated from Alabama.
Each administrator was awarded a $2,500 pay increase by the board for receiving a doctorate and the district paid $8,700 in tuition to the university.
Breyer State, which was 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.
The Department of Education's report found no violations except in the matter of tuition being paid by the FRHSD directly to Breyer State instead of being reimbursed to the individuals after they had paid the costs associated with the online school.
While the board members accepted the report of examination, they did not discuss recommendations made in the report by the Department of Education into what ways they may wish to adjust the school district's existing policies and contracts, which currently do not require a degree from a federally recognized accredited institution.
Part of the issue surrounding the degrees awarded by Breyer State concerns the fact that while the online institution is accredited by a private organization, that accrediting organization is not recognized by the federal government.
There have been questions raised about the legitimacy of the organization that accredited Breyer State and one other institution.
Schwartz suggested that all discussions and considerations related to the Department of Education recommendations be heard at the board's Sept. 22 meeting.
When the board's attorney noted that a Rice notice had not been provided to the administrators in question, Placitella, an attorney who is Colts Neck's representative on the board, asked if it would be illegal to discuss the situation that evening without the notice having been provided.
Schwartz said it would be illegal and explained that a Rice notice must be provided to an employee three to four days in advance of the meeting at which the matter may be a potential subject of discussion.
Residents asked why Wasser was not provided with a Rice notice when it was evident that concerned citizens would want the topic addressed at the Aug. 25 meeting. The subject of the administrators' online degrees was initially discussed by members of the public at the board's July 28 meeting.
"We will be prepared as a law firm to come forward with all changes that we deem necessary for you to look at or possibly adopt," Schwartz told the board in regard to possible policy revisions.
In a statement she issued on Aug. 21, Goon asked Wasser, Evangelista and Tanzini to return the tuition money and pay increases or, in the case of Wasser and Evangelista, to resign from their positions in the FRHSD.
Evangelista is the assistant superintendent in charge of curriculum/instruction, according to the district's Internet Web site.
Wasser oversees the operation of the entire district, which has six high schools and just under 12,000 students enrolled. He has been the superintendent since late 1998.
Wasser was an FRHSD assistant superintendent at the time Daniel McGuire left the position of superintendent in early 1998. Wasser was immediately named the interim superintendent and subsequently appointed as superintendent several months later.
Schwartz said since Goon was absent from the Aug. 25 meeting, any discussions relating to this topic should be conducted when she is present.
Some board members appeared frustrated at not being able to discuss the possible policy changes that evening.
Leimbach, who is one of Howell's two representatives on the board, asked if the board members could at least discuss what they may want to see included the district's policies.
"Yes, but forgive me, I think we (the legal firm) should have an opportunity to tell you what we think should go into those policies," Schwartz responded.
Leimbach said all contracts should now be reviewed for other possible loopholes that are not yet known.
The floor was opened to public comment.
One woman sarcastically complimented the board on orchestrating the strategy of not issuing a Rice notice to Wasser, which prevented board members from commenting on the superintendent.
A
nother speaker, Edward Tobias, discussed
the issue of accreditation. He said receiving that status is voluntary and would not guarantee the type of education an individual would receive. Tobias said the individuals' longstanding records with the school district should be considered more than the accreditation of their degrees.
"While accreditation may be a good thing, we must realize it's not the only thing," he said.
Other residents said teachers work hard, especially in attaining their degrees, and expressed the general belief that the way in which the three administrators' received their advanced degree was wrong.
Applause filled the meeting room when one woman told Wasser that if he is going to be the district's superintendent, he has to deserve it.
Marlboro resident Barry Hochberg asked the board members if they would tolerate this type of situation in their own businesses. Requesting that board members ask for the tuition money and raises to be returned to the district, Hochberg encouraged members of public to reject future school budgets and to elect new representatives to the board if their expectations are not met.
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