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Court upholds 2-year suspension of teacher’s license

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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 Tony Bennett, State Superintendent of Public Instruction, recommended that Patricia Terkosky’s license been revoked based on immorality and misconduct in office.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.
 

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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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