FCPS seeks to prohibit dissenting board members from talking to media

A proposed new policy on Monday’s Fayette County Public School Board agenda would prohibit school board members from talking to news media about their dissenting votes.

Michael Abate, a lawyer who represents the Kentucky Press Association and has represented the Herald-Leader, said the policy, if adopted, would violate the First Amendment.

“That is both an absurd policy and one that violates the First Amendment,” Abate said Monday morning.

The policy reads: “Board members who voted in the minority on a matter, yet where the motion was approved by majority vote, shall not use subsequent media inquiries as a forum to reiterate or revive their dissenting position. The appropriate time for expressing opposing views is during board discussion while the motion is under consideration. Once a vote is taken and a decision is made, board members are expected to respect and support the collective decision of the board. In such instances, if contacted by the media, individual board members should issue no comment and direct inquiries to the board chair.”

Abate countered that board members are “elected representatives of the people, and they tell the district what to do, not the other way around.”

“If a board member disagrees with something their colleagues adopted, they still have the right to express their disagreement, and they have the constitutional right to speak to anybody they want to do about it including the media,” he continued. “If a board member disagrees with something their colleagues adopted, they still have the right to express their disagreement, and they have the constitutional right to speak to anybody they want to do about it, including the media.”

Tracy Bruno, chief of staff for the district, said the proposed changes were submitted by the board, not the district office.

“The proposed changes to the board governance manual are in draft form for discussion,” Bruno said in a Monday afternoon email to the Herald-Leader. “The board attorney will review any changes after tonight’s discussion and prior to any vote.

Board members will review proposals, provide feedback and consider options to keep, discard or modify at Monday’s board meeting, according to agenda documents.

Wednesday, Dec. 3, is the deadline to submit input. Approval of recommended modifications is set for Monday, Dec. 8.

This is a developing story.

This story was originally published November 24, 2025 at 12:38 PM.