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Arizona Dept. Of Education Accuses Major Media Outlet Of Misrepresenting ESA Fraud Claims

March 16, 2026

By Staff Reporter |

The Arizona Department of Education (ADE) accused a major media outlet of misrepresenting the amount of fraud that occurs within the state’s school choice program.

Per ADE, 12News claimed the Empowerment Scholarship Account (ESA) Program had fraud totaling 20 percent. ADE said this figure was false, and that the true fraud rate sits at 0.3 percent. 

The 20 percent claim originated from a risk-based audit — an audit of limited scope — which targeted specific higher-risk participants and accounts. It does not account for the entire ESA Program population, says ADE. 

ADE presented the 0.3 percent figure from a study by Stanford PhD on a random sample to obtain a more accurate assessment of the entire ESA population. That study, which reviewed 3,000 random ESA orders between July 2025 and February 2026, also concluded that unallowable spending amounted to less than two percent of the total. 

ADE Superintendent Tom Horne demanded 12News issue a retraction.

“A ridiculous figure of 20 percent fraud has been circulating concerning ESA purchases which resulted from a total misinterpretation of data provided to Channel 12. The 20 percent figure represented program participants that ADE had selected for risk-based auditing,” said Horne in a press release. “Continued use of the 20% fraud allegation is an outrageous misrepresentation to the public that must stop.”

By comparison, Horne noted, other government programs have higher rates of improper spending: Medicaid totals over seven percent, food stamps total over nine percent, and unemployment insurance totals over 14 percent. 

Horne clarified that the unallowable purchases rate doesn’t constitute fraud necessarily. The superintendent said “most” of those purchases were confirmed as “innocent mistakes” such as improper form completions or viewing certain unpermitted educational items as permitted, like backpacks or lunch boxes.

Horne said ADE promptly recovers misspent funds, and has recovered over $1.2 million.

The disputed 20 percent figure was mentioned in multiple articles by 12News, including one of the latest pieces of coverage published on Wednesday

“According to state records obtained by 12News Investigates, nearly 20% of ESA parents or at least 18,000 ESA account holders, have misused voucher funds,” read Wednesday’s article.  

The original 20 percent figure by 12News stemmed from a report on public records reviewed by the outlet which estimated that misspending “could” amount to 20 percent of all purchases in the ESA Program. The report stated that over 18,600 out of the 102,000 ESA account holders had at least one unallowable purchase over the course of a year.

Horne said at the time that the percentage provided wasn’t totally representative of fraud; rather, the superintendent said “most of it” was attributable to mistakes by the parents.

While critics of the program highlight the millions ADE is forced to recover, mainly from misspending and marginally from fraud, supporters of the program highlight the millions saved by children entering the ESA Program rather than their designated public district school system. 

Goldwater Institute director of education policy, Matt Beienburg, said in a press release that wrongful spending occurs just as much, if not more, in the public school district system. 

“It’s also worth observing that just 52 cents of every dollar sent to Arizona district schools now makes it to classroom instruction according to the state auditor general,” said Beienburg. “Among the many uses of those funds outside the classroom: a $500,000 trip to Las Vegas by a school district that promptly cut bus services for students; a district spending $4,000 per person to send staff to Napa, California for a conference featuring wine tastings, a district spending $18,500 on ‘membership dues and for staff to attend golf tournaments,’ and more.”

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