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AG Beshear Files Suit Against Bevin Administration Over Teacher Sickout Records

Posted at 9:58 AM, Apr 29, 2019
and last updated 2019-04-29 17:15:51-04

FRANKFORT, Ky. (LEX 18) — The latest battle between Gov. Matt Bevin and Attorney General Andy Beshear took a new step Monday morning.

At a news conference Monday morning, Beshear announced that he is filing suit against the Labor Cabinet to withdraw subpoenas against several school boards.

The cabinet is demanding records on teacher absences tied to recent protests. The subpoenas were sent to several districts, including Fayette and Madison counties.

In a letter to Bevin earlier this month, Beshear said “any attempt to punish teachers that engage in a sickout would violate their First Amendment rights.”

Beshear called the move bullying and issued an ultimatum: The Labor Cabinet rescind the subpoenas within 10 days or face legal action.

Those 10 days have passed, and Beshear on Friday announced Monday’s news conference.

“We all know what the teachers were protesting – private school tax credits,” said Beshear, who stated that teacher protests do not count as a stoppage of work or a strike.

To be considered a strike, said Beshear, the sickouts would have to be related to conditions of the employees’ employment.

The next step in the case will be a hearing on the temporary restraining order. Beshear’s legal team is seeking a Monday, May 6 hearing. You can read the lawsuit here.