An attorney has threatened to sue the Kentucky Department of Education for seeking the names of teachers who used sick days to protest at the state Capitol.

Ten Kentucky school districts have been forced to close several times since the end of February as teachers used their sick days so they could protest proposed legislation at the state Capitol. Education Commissioner Wayne Lewis sent a letter to those districts Thursday asking for the names of every teacher who called in sick on the days the district was forced to close.

Attorney Mark Wohlander notified the department Friday that he was preparing to file a federal civil rights lawsuit for the "unprecedented interference" with teachers' constitutional rights.

Lewis said he believes the potential lawsuit to be "frivolous."