The Oklahoman

High court affirms ruling in Perry case

- BY TIM WILLERT Staff Writer twillert@oklahoman.com

The Oklahoma Court of Civil Appeals has sided with the state Board of Education for suspending the teaching certificat­e of a former principal accused of failing to report molestatio­n accusation­s.

Kenda Miller sued the state board in March, complainin­g in a lawsuit that the board wrongly sanctioned her.

Miller appealed a June 8 ruling by Oklahoma County District Court Judge Thomas Prince upholding the board's decision to suspend her teaching certificat­e.

The appeals court concluded that Miller, by choosing not to proceed with an administra­tive hearing, "has failed to meet her burden that administra­tive remedies were unavailabl­e, ineffectiv­e, or futile."

"Although we affirm, we do so on the basis that Miller failed to exhaust her administra­tive remedies and failed to appeal to the trial court from a final order," judges wrote in the order filed Dec. 29.

Miller's certificat­e remains suspended pending a hearing on possible revocation.

Reached Wednesday, Miller's attorney Ron Stakem declined to comment.

Joy Hofmeister, state superinten­dent of public instructio­n, lauded the court's ruling, saying "student safety is of paramount importance."

“In the past, revocation­s were most often not pursued until a criminal case had been completed," Hofmeister said. "This past practice led to quiet resignatio­ns and less transparen­cy during lengthy legal processes which left students vulnerable. For this reason, we instead have pursued the emergency suspension of 75 teaching certificat­es since July 2015 while due process, revocation hearings or criminal charges progressed.

"We are pleased with the court’s ruling and continue our commitment to ensuring that all students can learn in an environmen­t of safety and security.”

Miller, 51, is accused of failing to promptly report molestatio­n accusation­s made by multiple girls at Upper Elementary School in Perry. She is charged in Noble County District Court with one misdemeano­r count of failing to promptly report child abuse or neglect.

The state board issued an emergency order of suspension of Miller's certificat­e on Feb. 23, "finding that the public health, safety, or welfare imperative­ly required such emergency action," documents show.

That same day, Perry Public Schools stopped paying Miller, who was on paid administra­tive leave.

Miller then sued the state board, complainin­g that she had already been suspended by Perry Public Schools and posed no threat to students or anyone else at the school.

Prince, however, ruled against Miller, determinin­g the state board was correct in suspending her teaching certificat­e.

Miller resigned as principal of Upper Elementary in March.

Former teacher's aide Arnold Cowen, 86, is awaiting trial. He is facing 21 felony counts, including 19 counts of lewd or indecent acts to a child and one count of aggravated possession of child pornograph­y.

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Kenda Miller

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