Judge dismisses lawsuit by former KY education board members who challenged new board

U.S. District Judge Gregory F. Van Tatenhove on Wednesday dismissed a lawsuit that would have ended the work of the new Kentucky Board of Education appointed by Gov. Andy Beshear.

Several former board members appointed to the Kentucky Board of Education by former Republican Gov. Matt Bevin had filed a lawsuit against Beshear, a Democrat.

“The Court finds the Governor’s actions are not contrary to federal law,” Van Tatenhove said in a court document. “This matter must be dismissed.”

When Beshear was running for governor, he announced that he intended to abolish the state board of education and create a new board with new members to select a new commissioner. Bevin had sparred with public school teachers, and Beshear thought Bevin’s appointees did not fully support public education as proponents of charter schools.

Van Tatenhove said in February that Beshear’s actions might seem unfair to those on the board who had time left on their four year appointments, “but the relief they seek is not actionable in this forum.”

Beshear said Wednesday during a news conference that he thought, with the ruling, that the issue was behind him and that Kentucky now had “dynamite” candidates for a new education commissioner. The new board has not yet made the selection.

Gary Houchens, one of Bevin’s appointees who sued Beshear, said Wednesday that the former members did not yet have a comment.

“We are still meeting, reviewing the ruling and plan to discuss (it) with our attorney, Houchens said.