Teaching Our Posterity Success, Inc. v. Ind. Dep’t of Educ.

One year after the Indiana Department of Education and the Indiana State Board of Education (collectively, “DOE”) approved Teaching Our Posterity Success, Inc. (“TOPS”) as a Supplemental Educational Services provider, the DOE removed TOPS from its list of approved providers. TOPS sought administrative review of that removal. In response, DOE sent TOPS a letter declaring that TOPS will remain removed from the provider list. TOPS filed a petition for judicial review but did not file an official agency record. The trial court dismissed TOPS’ petition on the grounds of its failure to file a timely and complete agency record. The Supreme Court affirmed, holding (1) a petitioner seeking judicial review of an agency action must file with the trial court the agency record as defined by the Administrative Orders and Procedures Act (AOPA); and (2) because TOPS did not file the agency record as anticipated by the AOPA, the trial court properly dismissed its petition for judicial review. View "Teaching Our Posterity Success, Inc. v. Ind. Dep’t of Educ." on Justia Law