WARWICK, R.I. — A Superior Court judge on Monday issued a temporary restraining order barring the Warwick teachers union and all of its members from engaging in a sickout, saying it was endangering the safety and welfare of children.

"They will be deprived of [their education] if this continues,” Superior Court judge Susan E. McGuirl said, adding that she hoped reasonable minds would prevail during upcoming negotiations. If not, the parties will return to court Oct. 27.

Schools Supt. Philip Thornton said he sought court action after having to close five schools in the last two weeks due to high teacher absences. The move comes as the teachers have remained without a contract for two years and have been locked in battle with the district over contract terms.

"It really hurts the kids every day they are out," Thornton said.

Jeffrey Kasle, a lawyer for the union, denied that there was a sickout in play. He insisted the teachers were legitimately sick and exercising their rights under the terms of the contract, which allows them 90 sick days annually. He rejected the term sickout, saying there is no evidence of a concerted plan or vote by the union about teachers calling in ill.

"As far as I know, they are," Kasle said when asked if the teachers were truly out sick.

He said no votes have been taken and the union is not encouraging "it, whatever it is.”

"There are a variety of reasons teachers can be absent for school," he said.

Andrew Henneous, representing the schools, told the court that a sickout was precisely what is occurring.

"It is what it is — a sickout," he argued to the court.

The Warwick School Department took the union to court and asked the judge to bar the teachers union from engaging in further sickouts after three elementary schools were forced to close Monday due to teacher absences. Thornton and the School Committee on Monday filed for a temporary restraining order in Superior Court, arguing that the absences amounted to an illegal work stoppage that left many special education students and those receiving free and reduced lunches without recourse.

Red and white signs that read "I support Warwick teachers" could be seen dotting lawns near the courthouse.

Oakland Beach, Park and Robertson elementary schools were closed Monday because "the number of faculty absences has risen to a level that we cannot safely open," the superintendent's office announced in an email.

"Given that this is the 3rd teacher sick out within the last two weeks, the district will take steps to pursue recourse through the legal system in an effort to prevent future disruptions to the education of our students," the email said.

According to the superintendent's office, 23 of 40 teachers at Oakland Beach called in sick; 17 of 33 at Park and 21 of 35 at Robertson.

Additionally, according to Mayor Scott Avedisian's office, Greenwood Elementary School is open with the assistance of long-term substitute teachers from the three closed schools.

The School Department's court filing says the first sickout occurred on Oct. 6 at Pilgrim High School. Approximately 74 out of 144 teachers called in sick. The second occurred on Oct. 11 at Veterans Junior High School. Approximately 59 out of 91 teachers called in sick.

Thornton has said the School Department is willing to offer pay increases that would make the district’s teachers among the highest paid in the state. Warwick Teachers Union President Darlene Netcoh said that offer has yet to be put in writing and would ignore the union’s major issues of class size and the need to limit the number of special education students per class.

Ellen F. Polo, head of the Robertson parent teacher organization, said she is fully behind the teachers, as are 80 percent of the parents she knows.

"I fully support the teachers," Polo said Monday, citing the union's push for smaller class sizes and concerns about compromising special-education services. "If there's a strike, I'd support it."

The district has been eliminating teaching assistant positions that are crucial to meeting students' needs, said Polo, whose oldest daughter is diagnosed with Asperger's syndrome, a form of autism.

"The school district doesn't believe the kids need as much support as they need," Polo said.

The two sides are scheduled to meet Wednesday.

— This report was updated at 8:47 a.m., 9:13 a.m., 10:58 a.m., 11:18 a.m. and 1:10 p.m.



Editor's Note: An earlier version of this story attributed Henneous's quote to a different lawyer.