Fayette County schools now among districts subpoenaed by state for ‘sickout’ records

Fayette County Public Schools is among the Kentucky districts receiving a state Labor Cabinet subpoena for teacher absence records during recent General Assembly protests, a district spokeswoman said Thursday night.

Over the past two days, Jefferson, Madison, Carter, and other school districts who canceled classes said they also received the subpoenas asking for absence records, medical affidavits confirming illnesses, records of teachers making request for absences, documents regarding the closing of schools, and district policies.

The subpoena is similar to the requests made earlier by Kentucky Education Commissioner Wayne Lewis who has asked districts to tighten teacher absences policies.

The Kentucky Department of Education said in a news release in March that teachers who engaged in illegal work stoppages could 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. It said the fine is issued and enforced by the Secretary of the Labor Cabinet.

“Our school district has received the subpoena and not yet reviewed it. We believe the guidance and leadership provided by Commissioner Lewis has sufficiently addressed any concerns,” Fayette district spokeswoman Lisa Deffendall said Thursday. “As Superintendent (Manny) Caulk has previously told the committed men and women who work in the Fayette County Public Schools, we are confident that no adverse action can legally be taken against any of our employees.

“If any such action is attempted, the district will take legal steps to vociferously defend them. In FCPS we remain focused on what’s most important – working with our partners at the Kentucky Department of Education to ensure that all students achieve at high levels and graduate prepared to excel in a global society, “ Deffendall said.

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 as a result of teacher absences during the 2019 General Assembly.