Teaching Our Posterity Success, Inc. v. Indiana Department of Education and Indiana State Board of Education
20 N.E.3d 149
| Ind. | 2014Background
- TOPS was approved as an SES provider by the DOE/Board in 2011; in 2012 DOE removed TOPS from the list.
- TOPS timely sought judicial review of the removal but did not file an official agency record or obtain an extension for filing it.
- DOE sent a November 7, 2012 letter sustaining the removal after a staff panel review.
- TOPS moved for summary judgment arguing the DOE letter was a final order with insufficient findings.
- Trial court dismissed TOPS’s petition for lack of an agency record; Court of Appeals reversed and remanded for findings.
- This Court granted transfer to decide whether a petitioner must file the official agency record and whether imperfect compliance can permit review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must a petitioner file the agency record with the court under AOPA for judicial review | TOPS argues records were sufficient; filing not required | DOE argues strict filing of the agency record is required | Yes; official agency record must be filed |
| Does Meyer permit a limited exception to filing the agency record | Imperfect compliance may be acceptable when records provided adequate information | No exception; timely, complete record required | No broad exception; filing mandatory; remedy is dismissal if not filed |
Key Cases Cited
- Indiana Family & Social Services Admin. v. Meyer, 927 N.E.2d 367 (Ind. 2010) (holding that untimely filing of the agency record is fatal; but discussed limited permissive discretion in some material respects)
- Lebamoff Enter., Inc. v. Ind. Alcohol & Tobacco Comm’n, 987 N.E.2d 525 (Ind. Ct. App. 2013) (discussed records sufficiency and court discretion in reviewing agency records)
- Brown v. Ind. Dept. of Child Svcs., 993 N.E.2d 194 (Ind. Ct. App. 2013) (noting lack of consensus on sufficiency of non-record documents for review)
- Izaak Walton League of Am., Inc. v. DeKalb Cnty. Surveyor’s Office, 850 N.E.2d 957 (Ind. Ct. App. 2006) (cited for principle that minimal materials may suffice to assess agency action in some contexts)