High court affirms ruling in Perry case
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.