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 Tony Bennett, State Superintendent of Public Instruction, recommended that Patricia Terkosky’s license been revoked based on immorality and misconduct in office.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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT