Teaching Our Posterity Success, Inc. v. Indiana Department of Education and Indiana State Board of Education
3 N.E.3d 1042
Ind. Ct. App.2014Background
- In June 2011, DOE approved TOPS as an SES provider under federal law.
- In July 2012, DOE removed TOPS from Indiana’s SES Provider List.
- On November 7, 2012, DOE notified TOPS by letter that the panel upheld removal; no findings documented.
- TOPS filed a verified petition for judicial review on December 7, 2012, asserting lack of findings and arbitrary decision.
- TOPS did not submit additional supporting materials beyond a director’s later withdrawn declaration; DOE sought dismissal for failure to file the agency record.
- Trial court dismissed on July 11, 2013 for failure to timely file the agency record; on appeal TOPS challenges the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal was proper for failure to file the agency record | TOPS argues the final order lacked required findings and the record filed was sufficient to review merits. | DOE contends lack of a complete certified agency record warrants dismissal. | Dismissal not required where final order facially defective; remand for findings. |
| Appropriate remedy when final order lacks findings | TOPS seeks reversal/remand to set aside the order. | DOE argues for dismissal and review on record as filed. | Remand to DOE to provide required findings and conclusions accompanying the final order. |
Key Cases Cited
- Indiana Family & Soc. Servs. Admin. v. Meyer, 927 N.E.2d 367 (Ind. 2010) (timing of agency record filing; imperfect compliance possible)
- Izaak Walton League of America, Inc. v. DeKalb County Surveyor’s Office, 850 N.E.2d 957 (Ind. Ct. App. 2006) (materials submitted may suffice for review)
- Reedus v. Indiana Dep’t of Workforce Dev., 900 N.E.2d 481 (Ind. Ct. App. 2009) (review standards for agency action)
- MicroVote General Corp. v. Office of the Secretary of State, 890 N.E.2d 21 (Ind. Ct. App. 2008) (scope of agency record and review)
- Pack v. Indiana Family & Sec. Admin., 935 N.E.2d 1218 (Ind. Ct. App. 2010) (necessity of findings and conclusions; remand guidance)
- Stokely-Van Camp, Inc. v. State Bd. of Tax Comm’rs, 394 N.E.2d 209 (Ind. App. 1979) (remand where findings are needed)
- Lebamoff Enter., Inc. v. Indiana Alcohol & Tobacco Comm’n, 987 N.E.2d 525 (Ind. Ct. App. 2013) (best practice for agency record filing)