Teaching Our Posterity Success, Inc. v. Indiana Department of Education and Indiana State Board of Education

RUCKER, Justice.

Resolving a long-standing lack of consensus on the subject, today we hold that 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. Failure to do so results in dismissal of the petition.

Facts and Procedural History

In 2011 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 (“SES”) provider. 1 The following year DOE removed TOPS…