A Porter County Circuit Court judge set a trial date for next February for a former teacher who was charged with two counts of sending sexually suggestive text messages to female students.

Prosecutors and the defense attorney for 45-year old Bryan Tyman had worked-out a plea agreement for the defendant, but it didn’t call for any jail time.

Tyman taught at Fegely Middle School in Portage.

The judge said Tyman should serve some jail time, and under Indiana law, the judge has the right to refuse the plea agreement and set a trial date.

Prosecutors and defense attorneys may submit a new plea agreement for the court to consider prior to the February trial date.