Judge denies Beshear request to block release of teacher-absence records to state
A federal judge Thursday denied Kentucky Attorney General Andy’s Beshear request for a temporary restraining order to block school districts from having to respond to state Labor Cabinet subpoenas for teacher-absence records.
In a 15-page opinion, U.S. District Judge Danny Reeves issued the ruling that is a victory for Gov. Matt Bevin’s administration after holding a hearing on the issue Tuesday.
He said he denied Beshear’s request “because they have not shown a likelihood of success on the merits of their claims.” He noted that the Labor Cabinet already has received the teacher records by issuing subpoenas for them to the state Department of Education.
Beshear, a Democrat who hopes to oust Bevin from a second four-year in this year’s race for governor, said the judge’s ruling is “disappointing, but the case is far from over. I will continue to fight this governor’s attempts to punish and fine our teachers $1,000 per day. Our teachers should be respected, not attacked.”
Haley Bradburn, a spokeswoman for Labor Secretary David Dickerson, who issued the subpoenas, said Reeves’ ruling affirms the Labor Cabinet’s authority to “investigate recent teacher ‘sick-outs’ on behalf of all Kentuckians. “
“The judge correctly recognized the harmful impact of the ‘sick-outs’ on Kentucky students, parents, employers, and taxpayers, noting that they were ‘neither insignificant nor trivial,’” she said. “Once again, AG Beshear callously disregarded his duty to all Kentuckians in favor of a politically-motivated lawsuit, which the court found does not have a likelihood of success on its merits. It is no surprise that the judge refused to endorse such a blatant disregard for the law. We applaud the ruling, which will allow the cabinet to fulfill its statutory obligation to all Kentuckians.”
Beshear asked Reeves to intervene after the Labor Cabinet sought 10 school districts’ records on teacher absences during sickouts that gave teachers time to protest in the 2019 General Assembly.
The attorney general’s office has said that the subpoenas are “unlawful because they target constitutionally protected speech” and the Labor Cabinet does not employ the individual teachers.
Fayette, Jefferson and several other districts that canceled classes said they received subpoenas asking for absence records, medical affidavits confirming illnesses, records of teachers making requests for absences, documents regarding the closing of schools, and district policies. The Labor Cabinet subpoenas were part of an inquiry into possible violations of labor law. Kentucky Education Commissioner Wayne Lewis has said that such violations could result in $1,000 fines issued to individual teachers.
After Beshear and the Jefferson County Teachers Association last week filed a lawsuit against Dickerson to prevent school districts from having to turn over the information, Lewis said he received a subpoena for the information and that he gave the names of educators who were absent to the Labor Cabinet. Lewis had collected the information from school districts earlier.
In addition to Fayette and Jefferson, Bath, Boyd, Bullitt, Carter, Letcher, Madison, Marion and Oldham county school districts received the Labor Cabinet subpoenas.
Beshear also has asked that his lawsuit against Dickerson be moved back to Franklin Circuit Court, where he initially filed his lawsuit. The Bevin administration wanted it in federal court.
This story was originally published May 9, 2019 at 6:11 PM.