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TEACHING OUR POSTERITY SUCCESS v. IND. DOE

No. 49S05-1411-PL-700.

20 N.E.3d 149 (2014)

TEACHING OUR POSTERITY SUCCESS, INC., Appellant (Petitioner below), v. INDIANA DEPARTMENT Of EDUCATION and Indiana State Board of Education, Appellees (Respondents below).

Supreme Court of Indiana.

November 13, 2014.

Attorney(s) appearing for the Case

David E. Dealing , Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Thomas M. Fisher , Solicitor General, David L. Steiner , Deputy Attorney General, Heather Hagan McVeigh , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

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...

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