mayes
Toma Calls On Horne To Protect ESAs From AG Mayes

July 15, 2024

By Daniel Stefanski |

Another political battle may be brewing over Arizona’s historic school choice program.

Earlier this week, Arizona House Speaker Ben Toma sent a letter to Tom Horne, the state’s Superintendent of Public Instruction (ADE), over his department’s controversial decision to acquiesce to Attorney General Kris Mayes’ demands to increase regulation of the Empowerment Scholarship Account (ESA) program.

In his letter, Toma wrote, “I understand that you may have no choice but to cooperate with the Attorney General’s politically-motivated investigation. However, ADE is best situated to determine how to implement its policies in a way that fulfills legislative intent but does not burden parents with unnecessary bureaucratic requirements.”

Toma added, “As you implement your Department’s policies, I urge you to scrutinize Attorney General Mayes’ unsolicited legal advice expressed in her July 1, 2024, letter, consider how her interpretation of Arizona statutes would impact parents throughout the state, and reject her interpretation of the law that would lead to absurd results.”

The Republican Speaker’s communication addressed an email from ADE ESA Executive Director, John Ward, to parents within the program, informing them about a letter he had received from Mayes’ Solicitor General. According to Ward, that letter “stated that some ESA program practices are inconsistent with State law and result in payment of ESA funds without authorization of law, [and that] the Solicitor General’s Office has directed the ESA program to address the issues it identified.”

The Attorney General’s Office cited two Arizona statutes to bolster its argument that “the Arizona Department of Education has approved certain supplemental items and textbooks without requiring curricula, which may result in ‘illegal payment of public monies.’” Ward told parents that “ADE has no choice but to comply with the Solicitor General’s determination,” forcing families to “submit a curriculum with all supplemental materials requested or purchased” – something that he even noted was a practice “in place since before the current ADE administration.”

Horne’s acceptance of Mayes’ interpretation of the law was surprising to many onlookers, being that his office has been at odds with the Attorney General’s Office on almost every issue related to this program. Previously, Horne issued a number of statements that expressed his ardent opposition to the Democrat Attorney General’s persistent attacks on the ESA program and vowing to match her office step for step in defense of parents.

One of the foremost experts and defenders of the ESA program, Christine Accurso, addressed this action by Horne’s office, writing, “I joined the ESA program as a parent in 2014 and in all of the years we participated, I never had to submit curriculum that listed pencils and paper (for example) as something I can use ESA funds for. This new regulation is not what the legislature intended. If you go back and listen to the many years of committee hearings you will clearly hear the lawmakers desired to give parents access to tax dollars to provide an excellent education for their child, putting them on equal footing financially (while providing a 10% savings) to what the state funds in the public schools. I don’t know of a school district in Arizona, let alone America, who has curriculum for such obvious supplemental educational materials, as noted above.”

Accurso’s sentiments were reciprocated by Speaker Toma, who in his letter to Horne, stated, “it appears that the Attorney General’s Office is advancing an argument that documentation is required for most ESA-related expenses. The legislative record does not support such an overtly restrictive view or burdensome administration of the ESA program.”

Speaker Toma concluded his letter by expressing his appreciation for Horne’s “willingness to discuss these implementation issues with legislators who – like parents – are understandably concerned about the Attorney General’s letter.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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