FRANKFORT, Ky. (AP) — A federal judge dismissed a lawsuit Wednesday filed by former members of the Kentucky Board of Education, who felt they weren’t given due process when they were fired by Gov. Andy Beshear before their term ended.
Judge Greg Van Tatenhove ruled that Beshear’s action weren’t illegal because the board members don’t have a right to the appointed seats, news outlets reported. Van Tatenhove’s ruling echoed his February decision to not reinstate the old board.
Van Tatenhove previously said while Beshear’s action may seen unfair to board members, who had time left on their appointments, doesn’t mean his actions can be overturned in court.
Beshear delivered on a campaign promise to teachers when he overhauled the board by disbanding it on his first day in office. He appointed 11 new members and soon after, Education Commissioner Wayne Lewis resigned.
On Wednesday, Beshear said the issue was behind him and that Kentucky now had “dynamite” candidates for a new education commissioner.
Steven Megerle, the former members’ attorney, said the ousted members were disappointed with the ruling and may appeal.
Megerle also said it was “interesting” that Beshear is waiting for member terms to expire as opposed to disbanding other boards since the lawsuit was filed.