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Court rules that Beshear's newly appointed KBE can meet

The Appeals Court has denied the injunction. The case is now going to the Kentucky Supreme Court.

LOUISVILLE, Ky. — In a hearing held at the Commonwealth's capital, the current Kentucky Board of Education had filed a motion to prevent Gov. Andy Beshear's Executive Order to reorganize the board. 

RELATED: Beshear Administration signs executive order to reorganize KBE

They wanted to stop Governor Beshear's executive order following through on a campaign promise to boot the Commissioner of Education, Doctor Wayne Lewis, by reorganizing the board.

The hope was the suit would stall that new board from meeting December 12.

Attorneys for Gov. Beshear argued Supreme Court rulings in Bevin vs Beshear cases makes this okay.

Gov. Beshear appointed former State Senator David Karem of Louisville to be the chair of the new board.

"On my first day in office, I replaced the Kentucky Board of Education because we must have a board and commissioner that value public education. Today, in his order, Judge Wingate pointed out that the Supreme Court has already ruled that a governor has this authority. Let’s move together as one Commonwealth to commence a national search for the very best commissioner of education," Gov. Andy Beshear said via email.

According to Rich Gimmel from the Board of Education, "The Appeals Court has denied the injunction. The case is now going to the Kentucky Supreme Court. "

Kentucky Board of Education members will be filing an emergency appeal seeking to have Governor Beshear’s order set aside according to Gimmel. 

"If the governor’s action is allowed to stand, then he is not only rejecting the intent of the law, but he’s also turning his back on clearly established practice and on his own campaign promises of a new tone of civility and unity in Frankfort. It's critically important that the intent of the Kentucky Education Reform Act minimize political interference in the Department of Education and to provide for an orderly, gradual transition of board make-up, be maintained.

We are not taking this action for our own benefit, but to maintain the intent and rule of Kentucky law. If the governor’s behavior is allowed to become the new norm, we fear Kentuckians of all political persuasions will come to regret it well into the future" Gimmel states. 

Kentucky Board of Education Chairman David Karem says "I believe that 

Governor Andy Beshear's decision to restructure the Kentucky Board of Education is 100% keeping w/ KY education reform."

RELATED: Beshear faces suit from ousted state school board members

RELATED: Andy Beshear sworn in as Kentucky governor

RELATED: Beshear Administration signs executive order to reorganize KBE

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