Kentucky's Attorney General has largely upheld the state Department of Education's handling of a public records request by an educator challenging a decision made by the Education Professional Standards Board, though the agency violated open records law in one respect, according to a decision issued June 11.

The dispute centers on Kimberly Mucker-Johnson's March 20, 2026, request for records related to EPSB Case No. 20-03725. Mucker-Johnson sought five categories of documents, including meeting agendas, communications between EPSB Attorney Cody Hollan and board members, and internal memos discussing a clerical error that resulted in an incorrectly scheduled meeting date.

The EPSB is responsible for issuing and renewing certificates for Kentucky educators and handles disciplinary cases involving educators.

The Department of Education did not violate the Open Records Act by denying access to records it does not possess, the Attorney General found. However, the agency violated Kentucky's open records law by initially failing to notify Mucker-Johnson that a requested summary document was never created, rather than falsely claiming the record was exempt from disclosure.

The Department properly withheld email communications between EPSB attorneys that discussed attorney-client privilege and legal advice, the AG ruled. An email communication about a clerical error fell within attorney-client privilege protections, allowing the agency to deny that request entirely.

Mucker-Johnson challenged the Department's claim that no communications existed between Hollan and EPSB decision-makers regarding her case status, arguing it was implausible that no such records were created before the February 2023 EPSB meeting that voted to amend her case status. She cited her December 30, 2022 motion to the Attorney General's office and EPSB as evidence that such communications should exist.

The Attorney General found Mucker-Johnson's arguments amounted to a "bare assertion" that responsive records must have been created, insufficient to prove the Department actually possesses them. The AG concluded the Department conducted an adequate search of EPSB Attorney Hollan's email account using multiple search terms spanning the relevant time period.