State sends subpoena for teacher ‘sickout’ records. Here’s what it asks for.

The Jefferson County Public Schools district has received a subpoena from the Kentucky Labor Cabinet for information on teacher absences during “sickouts” during the recent 2019 General Assembly protests, district spokeswoman Jennifer Brislin confirmed Wednesday.

The subpoena, which the Herald-Leader obtained under the Kentucky Open Records Act, is requesting some of the same information that Kentucky Education Commissioner Wayne Lewis previously requested, including names of Jefferson County teachers who called in sick on specified days and affidavits from medical professionals. The subpoena also asked for copies of all records documenting attempts of teachers to call in sick, copies of documents about the decision to close schools and district sick leave policies.

Officials at Fayette County and Madison County schools, which also closed school because of teachers absences, did not immediately respond to questions about whether that district received a subpoena from the Labor Cabinet.

Marion school officials, Letcher County Superintendent Denise Yonts, and Carter County Superintendent Ronnie Dotson, whose districts closed for one day, said that they had not received a subpoena.

But Dotson said “I heard about Jefferson and expect one.”

In a March memo to 10 superintendents, including those in Fayette, Letcher and Madison, Lewis recommended that they tighten their teacher absence policies.

Eight districts (Bath, Boyd, Carter, Fayette, Letcher, Madison, Marion and Oldham) closed for one day. Bullitt County closed for three days, and Jefferson County closed for six days.

After summarizing the findings of his requests to districts regarding the absences, to which all districts complied, Lewis said that more than 2,000 teachers took advantage of a loophole in state law leading to a work stoppage.

The Kentucky Department of Education said in a news release in March that teachers who engaged in illegal work stoppages can be issued personal citations by the Kentucky Labor Cabinet. Any person who violates state law “shall for each offense be assessed a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000),” the news release said, adding that the fine is issued and enforced by the Secretary of the Labor Cabinet.

Jessica Fletcher, a spokeswoman for the Kentucky Department of Education, said Wednesday afternoon that “we weren’t aware of the subpoena until we saw the story in the” Courier-Journal.

Republican Kentucky Gov. Matt Bevin said on WHAS radio Wednesday that educators who were legitimately absent shouldn’t have cause for concern.

WLEX reported that Bullitt and Oldham counties also received subpoenas from the Labor Cabinet about the issue. Officials in those districts did not immediately return phone calls on Wednesday.

Kentucky Labor Cabinet spokeswoman Haley Bradburn said Thursday morning that the “matter has been referred to the Office of Inspector General. The Cabinet does not comment on OIG inquiries.”

Kentucky House Democratic leadership issued a statement that criticized Bevin.

“These subpoenas represent a new low for the Bevin administration, and we are appalled it is taking this step,” the Democratic leadership statement said. “Our teachers were exercising their First Amendment right to be heard on legislative matters directly affecting them, and should be respected for their invaluable contributions in the classroom as well as at the Capitol. This action is designed to strong-arm any opposition, and it is yet another example of the governor’s attack on public education. This should not be allowed.”

The Kentucky Education Association responded by saying that educators would not “fall victim to threats and intimidation no matter where it comes from.”

“Whether it’s Commissioner Lewis or his Labor Cabinet doing his bidding, the governor’s petty political maneuvers will not deter KEA and our members from our mission to advocate for a quality education for every child in Kentucky,” the KEA statement said. “We will be ready for whatever punitive barriers the governor attempts to threaten us with.”

This story was originally published April 10, 2019 at 3:38 PM.