UPDATE 5/4/19 @ 2:55 a.m.
Governor Matt Bevin’s administration now has the names of the Kentucky teachers who were absent from school during this year’s teacher “sickouts.”

Earlier this year the Kentucky Labor Cabinet sought the records and names of teachers who participated in the sickouts. Monday, Attorney General Andy Beshear filed a lawsuit against the labor cabinet claiming that the subpoenas it had sent to 10 school districts in its attempt to get the records were unlawful.

Thursday, the labor cabinet sent a subpoena to the Department of Education in another attempt to get the names. Commissioner Wayne Lewis had already asked for the names of participating teachers from school districts.

The Department of Education complied with the request and noted that in Beshear’s lawsuit, he stated that “if the labor secretary wanted information from school districts, he could have merely asked for that information from the education commissioner.”

The lawsuit will also now be heard in a federal courtroom instead of Franklin County circuit court. The labor secretary filed paperwork saying the suit belongs in front of a federal judge because it alleges issues with the United States Constitution.

A hearing that was scheduled to take place in Franklin County circuit court has been cancelled.

ORIGINAL STORY 4/29/19
Kentucky Attorney General Andy Beshear has filed another lawsuit seeking an injunction in an effort to stop subpoenas issued to school districts by Governor Matt Bevin’s administration.

Kentucky Attorney General Andy Beshear has filed another lawsuit seeking an injunction in an effort to stop subpoenas issued to school districts by Governor Matt Bevin’s administration.

This comes after as many as 10 school districts received subpoenas earlier this month from the state’s Labor Cabinet. The subpoenas seek names of teachers who may have used sick days to attend statehouse rallies.

Beshear sent a letter on April 16, requesting Governor Bevin and his Labor Cabinet rescind the “sickout” subpoenas sent to local school districts within 10 days. Bath, Boyd, Bullitt, Carter, Fayette, Jefferson, Letcher, Madison, Marion and Oldham county school districts received the subpoenas.

The subpoenas were not withdrawn and the Labor Cabinet secretary responded by sending a letter to Beshear last week saying he intends to investigate and impose consequences against Kentucky teachers for protesting at the Capitol.

After Governor Bevin and the Labor Cabinet refused to rescind their subpoenas, Beshear filed a separate suit asking a judge to issue a temporary restraining order to ensure school districts are not forced to respond to the subpoenas by the May 10 deadline and to protect teachers from being fined.

Beshear says the Labor Cabinet’s actions are unlawful because the so-called “sickouts” were not related to conditions of the school employees’ employment, but instead related to attempted attacks on public school funding, and therefore constitute free speech protected by the First Amendment.

Beshear also argues that the labor secretary exceeded his authority, as the teachers were not taking part in a “strike” or a “work stoppage” under state law, KRS 336.130. Instead, he says they were engaged in protected political speech. Beshear says the General Assembly did not grant the labor secretary the power to investigate or punish public employees.

The next step in the case will be a hearing on the temporary restraining order. Beshear’s legal team is asking for that hearing to be held on Monday, May 6, ahead of the May 10 deadline for the subpoenas.