ILNews

Court upholds 2-year suspension of teacher’s license

Back to TopCommentsE-mailPrintBookmark and Share

An administrative law judge in the Indiana Department of Education correctly imposed a two-year suspension of a special education teacher’s license, the Indiana Court of Appeals ruled Thursday. The court found no error in the ALJ’s reliance on a California case when considering whether to revoke or suspend a teaching license.

In 2010, Dr. Tony Bennett, State Superintendent of Public Instruction, recommended that Patricia Terkosky’s license been revoked based on immorality and misconduct in office. The move stems from three reported incidents in Terkosky’s Worthington Elementary School classroom in 2008 and 2010. In 2008, Terkosky reportedly made a student stand between an easel and the chalkboard and struck the easel with a yardstick. In 2010, Terkosky reportedly grabbed a student by the arm and forced her to sit down, which led to redness and bruising on an arm. Terkosky also reportedly “popped” a student who suffered from Pica in the mouth for eating an eraser. Terkosky claimed she was trying to get the eraser out of the mouth so the student wouldn’t choke.

Instead of revoking her license for three years as Bennett sought, the ALJ imposed a two-year suspension. The ALJ noted that there is no Indiana caselaw defining “what constitutes immorality or misconduct for the purposes of license revocation,” so the judge turned to the California Supreme Court decision of Morrison v. State Bd. of Educ., 461 P.2d 375 (Cal. 1969), to come to the decision to suspend her license.

Terkosky argued that the trial court erred in concluding the ALJ possessed authority to impose a sanction different than what Bennett recommended and in finding that the ALJ’s order complied with I.C. 20-28-5-7.

“Section 7 provides that ‘[o]n the written recommendation of the state superintendent, the department may suspend or revoke a license . . . .’ Our interpretation of this clause is the same as that of the IDOE: Section 7 assigns to the Superintendent the role of initiating proceedings against a teaching license, and it assigns to the IDOE the role of determining the action to take against the license,” Judge Elaine Brown wrote in Patricia Terkosky v. Indiana Department of Education, 49A02-1212-PL-1000.

“[Terkosky] maintains that ‘[i]nstead of conducting a factor analysis under Morrison, the ALJ should have examined Indiana law as it relates to the meaning of the terms “immorality” and “misconduct in office” in the license revocation context. We cannot say that the ALJ’s reference to Morrison was improper,” she continued. “… the only substantive difference between the Morrison factors and those listed in 515 Ind. Admin. Code § 9-1-18(h) is that, in place of the seventh factor in the Indiana Administrative Code, evidence of rehabilitation, the test in Morrison contains a factor to examine the praiseworthiness or blameworthiness of the motives resulting in the conduct.”

Terkosky’s acts, when viewed together, were found to have offended generally accepted standards of conduct of teachers and constituted misconduct in office, the judges held. The two-year suspension was not contrary to law.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT