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Federal judge orders school districts to turn in teacher sickout names

Governor Matt Bevin's administration issued subpoenas last month for the names of the teachers that called out sick to protest in Frankfort, which closed JCPS and other districts for several days.

FRANKFORT, Ky. — A federal judge has ordered school districts to comply with the subpoenas sent from the Kentucky Labor Cabinet asking for the names of the teachers who were possibly involved in the sickouts earlier this year.

"One thing I'm proud about with teachers is the teachers did not go down to Frankfort because they wanted more pay or they wanted better benefits or even if it was about their retirement," JCPS teacher Andrew Bailey said. "The teachers went down there because education funding was under attack and that's just not fair."

Bailey said he did not call out sick but he did go to Frankfort to protest with the teachers after schools were canceled. He said he is concerned for his fellow teachers, especially with the possibility of fines.

"JCPS and other school districts didn't ask for the names of the teachers that called in," Bailey said. "They were required to get it from the state. And that just makes it look very retaliatory in nature to me."

Governor Matt Bevin's administration issued subpoenas last month for the names of the teachers that called out sick to protest in Frankfort, which closed JCPS and other districts for several days. Attorney General Andy Beshear had filed for a temporary injunction to block the subpoenas but U.S. District Judge Danny C. Reeves denied that request and noted the impact the sickouts had on the students and families.

"Because of these 'sick outs' children missed classes, parents were forced at the eleventh hour to find other means of child care, and ACT testing was affected in at least one district by the teachers' actions," Reeves wrote. "These harms were neither insignificant or trivial. They affected real people in real and substantial ways."

"The Judge correctly recognized the harmful impact of the "sick outs" on Kentucky students, parents, employers, and taxpayers, noting that they were 'neither insignificant nor trivial,'" Haley Bradburn with the Labor Cabinet wrote in a statement. "Once again, AG Beshear callously disregarded his duty to all Kentuckians in favor of a politically-motivated lawsuit, which the Court found does not have a likelihood of success on its merits. It is no surprise that the Judge refused to endorse such a blatant disregard for the law. We applaud the ruling, which will allow the Cabinet to fulfill its statutory obligation to all Kentuckians." 

Judge Reeves also wrote, "The citizens of Kentucky pay the salaries of the school employees involved in the 'sick outs.' Public education is not free. And if teachers violate the law, the Labor Cabinet should be able to investigate."

In a post on Twitter, Beshear wrote, "Today's ruling is disappointing, but the case is far from over. I will continue to fight this governor's attempts to punish and fine our teachers $1,000 per day. Our teachers should be respected, not attacked."

The school districts will need comply with the subpoenas and submit the list of names to the Labor Cabinet by May 10.

Reeves also noted that his ruling is only on the request for injunctive relief and that it is not a reflection on Beshear and the Jefferson County Teachers Association's case concerning possible violations of the First Amendment and other rights.

MORE | Names of teachers involved in sick-outs turned over to Bevin's administration

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