By Matthew Holloway |
An interjection by Arizona’s Democrat Attorney General Kris Mayes has led to the AG and Superintendent of Public Instruction Tom Horne trading rhetorical fire after Phoenix’s Kyrene School District voted to adopt a “Staff Social Emotional Wellness Policy.” That policy appears to run afoul of guidance from the U.S. Department of Education, risking the withholding of $1.5 million in federal funding.
In a statement reported by The Center Square, Mayes said that Horne has no legal basis for what she described as him threatening the districts.
“Rather than do his job and ensure that funds appropriated by Congress and the Legislature reach Arizona schools — as the law requires — Superintendent Horne is choosing to engage in ideological nonsense at the expense of students and teachers,” she said.
She added that the districts should, “ignore baseless, politicized threats from the State Superintendent’s office, which has no legitimate role whatsoever in blocking the distribution of these federal funds.”
In a post to X, Horne stated: “On DEI, AG Mayes is wrong and risks $770 million Ignoring federal guidance is not optional.”
In a stern response to Mayes, Horne issued a statement, “I spent four years as Attorney General, and I follow the law strictly. The Arizona Department of Education has been responsible for distributing both federal and state education dollars to the schools for many decades and we must do so in accordance with the law. The U.S. Department of Education has issued guidance that requires my department to certify that all public districts and charters that take federal money use those funds according to that guidance, and that cannot be ignored. If I did, we would risk losing nearly $770 million in total federal funding to all public schools. That is obviously unacceptable, but the Attorney General is either unconcerned or unaware of that catastrophic scenario.”
The Arizona Department of Education (AZED) said in a press release, “Attorney General Kris Mayes is wrong in claiming that the Arizona Department of Education has no legal authority to withhold federal funds to districts and charters that fail to comply with new guidance regarding Diversity Equity and Inclusion programs, according to Superintendent Tom Horne.”
The department added that on April 3rd and again on April 9th, AZED through its Grants Management System, issued notice to all public districts and charters in Arizona on the guidance from the U.S. Department of Education (DOE) and an attestation that the guidance will be followed.
“Under the guidance, districts and charters have until April 24th to certify compliance. Failure to do so will require the state – as the fiscal agent – to put a hold on federal dollars. To date, approximately 350 districts and charters out of 658 have certified compliance.”
The guidance from the DOE is as follows:
“Given the text of Title VI and the assurances you have already given, any violation of Title VI—including the use of Diversity, Equity, & Inclusion (“DEI”) programs to advantage one’s race over another—is impermissible. The use of certain DEI practices can violate federal law. The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences, including:
- l . The use of the provisions of 42 U.S.C. 2000d-l to seek the ‘termination of or refusal to grant or to continue assistance under such program,’ eliminating federal funding for any SEA, LEA, or educational institution that engages in such conduct. [1]”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
