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Teaching Our Posterity Success, Inc. v. Ind. Dep't of Education

Court of Appeals of Indiana

February 14, 2014

TEACHING OUR POSTERITY SUCCESS, INC., Appellant-Plaintiff,
v.
INDIANA DEPARTMENT OF EDUCATION and INDIANA STATE BOARD OF EDUCATION, Appellees-Defendants

As Corrected March 6, 2014.

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Cynthia J. Ayers, Judge. Cause No. 49D04-1212-PL-47002.

ATTORNEY FOR APPELLANT: DAVID E. DEARING, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; DAVID L. STEINER, Deputy Attorney General, Indianapolis, Indiana.

BARNES, Judge. ROBB, J., and BROWN, J., concur.

Page 1043

OPINION

BARNES, Judge.

Case Summary

Teaching Our Posterity Success, Inc., ("TOPS") appeals the trial court's dismissal of its petition for judicial review challenging a decision by the Indiana Department of Education and Indiana State Board of Education (collectively "the DOE"). We reverse and remand.

Issue

The issue before us is whether the trial court properly dismissed TOPS's petition for judicial review because of TOPS's failure to file the agency record with the trial court.

Facts

In June 2011, the DOE approved TOPS as a Supplemental Educational Services ("SES") provider of academic assistance to eligible schools under the federal Elementary and Secondary Education Act of 1965 and the No Child Left Behind Act of 2001. In July 2012, the DOE removed TOPS from its list of approved SES providers. TOPS appealed thisĀ  determination within the DOE, which appointed a panel of staff members to review the appeal. On November 7, 2012, the DOE sent a letter to TOPS's director stating in part, "the panel reviewed the request for appeal and all applicable documentation. Based on its review, the panel determined that TOPS failed to submit sufficient evidence to overturn the initial removal ...


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