Kentucky- An attorney for the McCracken County school board says a recommendation has been made that a former science teacher who appeared in an adult film not be re-hired.

Tericka Dye was suspended with pay in April after the surfacing of an 11-year-old adult film in which she appeared.

Attorney Mark Blankenship maintains that Dye’s suspension was illegal and unconstitutional. State law allows for tribunal hearings when a teacher receives a written reprimand, is fired or suspended without pay.

Hearing officer Scott Majors ruled that Dye was not entitled to a hearing because she was suspended with pay.

Dye filed a lawsuit three weeks ago in an effort to get her job back and the school board sent a response Tuesday, asking for dismissal of the suit.

The response says that because the petition for judicial review filed by Blankenship did not include the name and address of the Kentucky Department of Education, it should be dismissed.