LOUISVILLE, Ky. – A circuit court judge has denied a motion for temporary injunction by ousted members of the Kentucky State School Board to prevent their removal from the board.
The denial comes a day before the new board members are set to convene a special meeting where they will likely vote to fire Kentucky Education Commissioner Wayne Lewis.
Franklin Circuit Court Judge Thomas Wingate issued the ruling just hours after hearing arguments from the former board members and the governor’s office. Wingate said they failed to make a case they would suffer immediate and irreparable harm or that changing the makeup of the board would be unjustly altered.
“Governor Beshear has acted within his temporary reorganization authority to alter and abolish Kentucky administrative boards,” Judge Wingate wrote in his opinion.
Ousted members of the Matt Bevin Administration’s Kentucky State School Board are suing to keep their spots Wednesday, just a day after newly-inaugurated Governor Andy Beshear announced he using executive order to terminate them from their positions.
The suit argues the proposed reorganization of the Board violates Kentucky law that says they can only be removed “for cause”.
Former Gov. Bevin used executive orders to do similar overhauls on the Board several times during his time in office, and despite challenges from Beshear while he served as Attorney General, the Kentucky Supreme Court ruled in favor of Bevin each time.
Travis Mayo, who represents Beshear, says those court battles solidify the lawfulness of Beshear’s executive order.
The former board members are likely to appeal the ruling.
To view Judge Wingate’s ruling click here.
To view the ousted board members ruling click here.