Arizona’s Republican Superintendent of Public Instruction and Democrat Attorney General are again at opposite ends of the state’s Empowerment Scholarship Account (ESA) program.
On Monday, Superintendent Tom Horne responded to Attorney General Mayes’ recent comments about the ESA program, setting his department’s record straight.
Earlier in the day, Mayes issued a press release to “provide information about rights forfeited leaving the public school system.” The Attorney General first addressed parents of children with disabilities, stating, “Families should not be denied admission or kicked out of private schools because of a child’s disabilities. To make matters worse, private schools often refuse to share the educational records behind those decisions Because Free and Appropriate Public Education (FAPE) and the Family Education Rights and Privacy Act (FERPA) don’t apply to private schools, families have no recourse under federal law. It’s important for Arizona families to be aware of the rights they give up when they leave the public school system.”
It’s important for Arizona families to be aware of the rights they give up when they leave the public school system with an education savings account.
— AZ Attorney General Kris Mayes (@AZAGMayes) July 24, 2023
Horne pushed back on the Attorney General’s notice, saying, “(Mayes) raised several issues, one of which centers on special education students. Under the ESA program, special education students receive the same funding as they would attending a public school.”
Mayes broached another issue on her consumer alert – this one about the ESA program and its vendors as a whole. The Attorney General’s Office wrote, “If using ESA funds for private school or schooling at home is the preferred educational choice, families should make sure they choose reputable schools and vendors. Even still, families should know that when they accept an ESA, they lose protections from discrimination related to a child’s learning abilities, religion and sexual orientation.”
— Arizona Attorney General's Office (@arizonaago) July 24, 2023
The Attorney General said, “As a mom, I know how important a child’s education is and I know that, as parents, we all want what is best for our children. I want families to know that if vendors or private schools take advantage of this, the Attorney General’s Office will investigate to the fullest extent of our authority.”
Horne didn’t leave this part of Mayes’ release alone either, making sure onlookers understood his administration is dedicated to following the law. Horne stated, “In regards to the other concerns raised, under my Democrat predecessor as schools chief, the law was not strictly followed and ESA funds were used for non-educational purposes. One of my first acts when I took office was to hire from the Arizona Auditor General an internal auditor for the Department of Education. This person makes sure that every ESA transaction is conducted according to the law and all funding is used appropriately. There have been significant protests against me from people who were used to the old lax system, but I am insisting that every law is strictly followed and that every penny of these funds is used for valid educational purposes.”
The state’s top prosecutor received accolades for her statements from at least one Democrat legislator, Representative Nancy Gutierrez, who tweeted, “Thank you Attorney General Mayes for making it clear that private schools do not give students and families the same rights as public schools.”
Thank you @AZAGMayes for making it clear that private schools do not give students and families the same rights as public schools. https://t.co/UQm3rxe0Vv
— Representative Nancy Gutierrez (@nancygforAZ) July 24, 2023
The Arizona school chief’s response to Mayes follows two other significant battles between the two since they entered office this past January. Just last week, Horne called a recent formal opinion from Attorney General Mayes on a Structured English Immersion law “ideologically driven.” He also pushed back against Mayes when she went on television to say that “there are no controls” on the ESA program, “no accountability,” that “they” (presumably parents) are “spending hundreds of millions of dollars of taxpayer money,” that this “needs to be looked at,” and that it’s (her) “responsibility to do that” as Arizona’s “top law enforcement officer.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Two Arizona Republican Senators are calling for the state’s governor and attorney general to take action after a patient was recently released from the Arizona State Hospital (ASH).
Late last week, Senators Anthony Kern and T.J. Shope demanded that Attorney General Kris Mayes and Governor Katie Hobbs “protect the citizens of Arizona by immediately rescinding the release of a seriously mentally-ill patient who was housed at the ASH after being found incompetent to stand trial in the brutal murder of his own mother and seven-year-old niece.”
FOR IMMEDIATE RELEASE: Republican Senators Call on Attorney General Mayes, Governor Hobbs to Immediately Address Imminent Public Safety Threat ⬇️ @anthonykernAZ@TJShopepic.twitter.com/NyV96oMtau
Grigg tweeted that “the public is not informed where he (Rodney Aviles) was released to or what part of the city,” and that behavioral facilities had repeatedly “denied to accept him.” She reported that the family of his alleged victims “told ABC15 in 1999 that the murders happened just hours after he was released then from a psychiatric facility.”
The Senate Republicans’ release revealed that in February, “Maricopa County Attorney Rachel Mitchell sent a letter to Mayes saying she has serious community safety concerns and believes Aviles poses an ongoing threat to his family and the community at large. The report went on to mention a 2021 court filing objecting to Aviles’ release, citing a doctor’s statements that Aviles had no insight into the fact of his mental illness, Aviles has insisted he does not need medication, but that Aviles is expected to need inpatient care for the duration of his life.”
Kern released a statement about the news, saying, “We have a Governor issuing numerous unconstitutional executive orders left and right, allowing taxpayer-funded sex-change surgeries, stripping county attorneys of their prosecutorial powers, protecting a Death Row inmate from execution, acting as a travel agency in transporting illegal immigrants to their preferred destinations, and even focusing on hairstyles of state employees. Now, we have an individual who is clearly an imminent danger to society and being immersed back into the community because of the incompetence of the Hobbs’ Administration. Unfortunately, she and Mayes are nowhere to be found when public safety is at risk. When Mayes should be defending our laws and prosecuting the most vile criminals, she’s instead advocating for lawlessness. The citizens of this great state and the victims who have been through unthinkable suffering deserve immediate action from these so-called ‘elected officials.’ Their priorities are completely tone-deaf and out of touch with the needs of our state. Any fallout or further victimization from the release of Aviles will strictly be the result of inaction from Hobbs and Mayes.”
Protecting the family and the public at large should be a priority for Hobbs and Mayes….it isn't (see below): https://t.co/LpVz2pJBAW
Senator Shope added, “If this man is unfit for trial after murdering his family, he’s unfit to be on the streets with the general public and must stay under proper care and supervision. As chairman of the Senate Committee on Health & Human Services, I’ll be working with my colleagues to bring truly independent oversight of the Arizona State Hospital. This is clearly necessary to keep patients and citizens safe from the winds of politics.”
This is truly asinine. Where are @GovernorHobbs & @arizonaago@krismayes on this? If he’s unfit for trial after murdering his family, he’s unfit to be on the streets with the rest of us and must stay under proper care & supervision.
After the Senators issued their press release, Grigg reported that Governor Hobbs’ Office informed her that the governor “is fully committed to keeping Arizonans safe and is finding solutions to improve ASH operations and ensuring public safety. Additionally, she recognizes ASH’s legal obligations and expects the State Hospital to follow any applicable laws or court orders.”
Attorney General Mayes’ Office also told Grigg, “the Superior Court mandated the release of this individual. But given that our office serves as legal counsel for ADHS and ASH, we have no additional comments to make.”
Grigg wrote that she “tried to get the court records of his release but the filing is confidential.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
This past Friday, Shawnna Bolick was sworn into office at the state senate. Bolick received the oath of office from her husband, Arizona State Supreme Court Justice Clint Bolick.
After being installed as a state legislator, Bolick tweeted, “What a warm welcome to the State Senate! Thank you to our LD2 GOP PCs and my family who have made it possible to return to the Legislature to represent we the people. As many of my friends and supporters know, returning to politics was not on my dance card. On Thursday evening we returned from a very short trip to Prague, and I am slowly putting jet lag behind me. Thank you for all of the texts, emails, DMs, and phone calls. I am still responding to your thoughtful congratulatory notes and setting up meetings to get to work for Arizona!”
What a warm welcome to the State Senate! ☺️
Thank you to our LD2 GOP PCs and my family who have made it possible to return to the Legislature to represent we the people. 💓
As many of my friends and supporters know, returning to politics was not on my dance card. 🗽🇺🇸
— Shawnna LM Bolick (@ShawnnaLMBolick) July 23, 2023
Bolick was also joined by two sitting senators for her swearing-in ceremony: Senate Pro Tempore T.J. Shope and Majority Whip Sine Kerr. Shope tweeted, “It was an honor to have Majority Whip Sine Kerr join me as Senator Shawnna Bolick was sworn into office by her husband, Justice Clint Block! Senator Bolick will undoubtedly serve the people of LD2 with distinction and will be a wonderful additional to our Arizona Senate Republican Caucus!”
It was an honor to have Majority Whip @SineKerr join me as Sen. @ShawnnaLMBolick was sworn in to office by her husband, Justice Clint Bolick! Sen. Bolick will undoubtedly serve the people of LD2 with distinction and will be a wonderful addition to our @AZSenateGOP Caucus! #AZLeg… https://t.co/JxVsaCpSMg
Before Justice Bolick administered the oath to his wife, he said, “Sweetheart, you never cease to amaze me, and I am enormously proud of you. As you know, we’re in different branches of government; when you’re a candidate, I can’t campaign for you; I can’t endorse you. In the Legislature, I can’t give you any advice, but there are three things I can do. First of all, is to commend you for being one of the most amazing public servants I’ve ever known, and I mean that in the literal and best sense of the word. The second is I can swear you in, and the third is, after I swear you in, I can kiss you – and I don’t normally do that when I swear people in.”
Republican Representative Justin Wilmeth reacted to the moment of Bolick’s swearing in, writing, “Such an amazing video: I know people don’t wanna admit we’re actual normal people with emotions, but we are. Very touching moment here between one of my favorite couples out there. Damn proud to have Shawnna Bolick as my new state senator.”
Such an amazing video. I know people don’t wanna admit we’re actual normal people with emotions, but we are. Very touching moment here between one of my favorite couples out there! Damn proud to have @ShawnnaLMBolick as my new state senator! https://t.co/I0mMXMBKnX
— AZ State Rep. Justin Wilmeth (@JustinWilmethAZ) July 22, 2023
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A conservative grassroots group is warning the Arizona legislature about the westward expansion of a provider of digital mental health solutions.
On Tuesday, the Arizona Women of Action shared information about Kooth’s pending partnership with the State of California and its interest in working with the Arizona Legislature, tweeting, “the data mining of children & increase in mental health services with a decrease in parental involvement is of grave concern.”
— Arizona Women of Action (@azwomenofaction) July 19, 2023
On its website, Kooth describes its company as “pioneering innovators of digital behavioral health care, giving a range clinically proven, research evidenced therapies for dealing with stress, anxiety, depression, or what every (people) may be going through.” Kooth asserts that its services cover “over 15 million people internationally.”
In March, the California Department of Health Care Services (DHCS) revealed that “it will launch the Behavioral Health Virtual Services Platform, a new technology-enabled services solution for all children, youth, and families in California, in January 2024. The platform is part of Governor Newsom’s Master Plan for Kids’ Mental Health and the Children and Youth Behavioral Health Initiative (CYBHI), a $4.7 billion investment in youth behavioral health.”
Governor Newsom rolled out this plan in August 2022 “to ensure all California kids, parents and communities have increased access to mental health and substance use services.” At the time, Newsom stated, “Mental and behavioral health is one of the greatest challenges of our time. As other states take away resources to support kids’ mental health, California is doubling down with the most significant overhaul of our mental health systems in state history.”
The announcement from DHCS added that it had “selected Kooth to support the delivery of equitable, appropriate, and timely behavioral health services to youth and young adults (ages 13-25).” DHCS noted, “Kooth will also integrate with other partners to provide a seamless user experience, including providing services and supports to children (ages 0-12) and their parents/caregivers.”
Kooth’s CEO, Tim Barker, said, “We’re excited to partner with DHCS and the State of California to help transform access to digital behavioral health support for youth across the state. Working together, we believe this represents a step-change in providing early and responsive access to behavioral health care to help address the growing youth mental health crisis.”
California’s selection of Kooth follows the launch of a pilot program in late 2022 in Pennsylvania, which had bipartisan support from state lawmakers. In a news article on November 2, State Senator Lisa Baker said, “This pilot project has the potential to fill some crucial gaps. I am pleased to see that several school districts in northeastern Pennsylvania will be participating. Our constituents will be encouraged to see constructive action on problem-solving that has bipartisan support.”
The piece in the Times Leader added context from Senator Baker, including that “the web-based counseling program by Kooth US was awarded a grant through the Department of Human services that enables school districts to opt into the services without cost to students, parents or the district;” and that “the grant was funded in the FY 2022-23 state budget in acknowledgement of the mental health crisis currently being faced by young people.”
Earlier this year, the Pennsylvania Capital Star reported that a bipartisan coalition of legislators would be traveling to Arizona to “highlight their work with the Pennsylvania Health Department’s contract with Kooth US.” Kevin Winters, the General Manager for Kooth US stated, “The model that we are using now in Pennsylvania has the potential to break down the barrier of access to mental health, and we’re grateful for the advocacy of these legislators in funding this program for students. We’re anxious to expand the model to other states, and honored to present it to such an important audience in Arizona.”
One of the Pennsylvania legislators who came to Arizona in February, Representative Ryan Bizzarro, shared pictures of the event on his Instagram, writing, “Increasing access to mental health services for Pennsylvania students isn’t a partisan issue. In fact, Pennsylvania is the only state that was able to put partisan politics aside and work on modernizing mental health services by creating a space for digital mental health care – all while increasing access for everyone. And now, we’re helping the Arizona state legislature do the same! I’m happy to be part of this bipartisan / bicameral group of Pennsylvania legislators working to change the future of mental health care not only in our commonwealth, but across the U.S.”
While Arizona welcomed this delegation from Pennsylvania, the state legislature was also considering a bill to address the state’s mental health issues among teenagers. Republican Representative Travis Grantham sponsored HB 2635, which would have “authorized a school district governing board to develop or purchase a digital application to assist with threat assessments.” In February, the proposal passed both the House Education and Rules Committee without a single vote in opposition, yet it was held from final passage in the chamber because, in part, of concerns from grassroots groups like Arizona Women of Action.
The critique of Grantham’s bill caused him to introduce a floor amendment to his original proposal, changing the focus of the digital application to assistance with “suicide prevention and substance misuse.” The amendment also removed “the requirement that the digital application allow students to report safety issues and receive anonymous clinical support,” and it required “the digital application to provide suicide prevention and substance misuse resources to parents and, subject to parental consent, students.”
Representative Grantham explained that his amendment “put guard rails on the current bill,” and told AZ Free News that “many of his colleagues were concerned that the legislation was too broad and could invite mental health counseling that became even more damaging than the problem itself.” That bill remains on hold.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A federal judge has issued a ruling in a case involving Arizona’s recently passed Save Women’s Sports Act.
On Thursday, Judge Jennifer Zipps, in the United States District Court for the District of Arizona, granted a preliminary injunction against SB 1165, which was signed by former Governor Doug Ducey on March 30, 2022. The law would prohibit biological males from competing in women’s and girls’ athletic events at state public schools, colleges, and universities. Judge Zipps’ order blocks the law from going into effect.
Arizona’s Republican Superintendent of Public Instruction, Tom Horne, released a statement after the judge’s order, vowing to continue his fight to uphold the law. Horne said, “We will appeal this ruling. This will ultimately be decided by the United States Supreme Court, and they will rule in our favor. The Plaintiffs in this case claimed that this only involves pre-pubescent boys, but we presented peer-reviewed studies that show pre-pubescent boys have an advantage over girls in sports. The only expert presented by the Plaintiffs was a medical doctor who makes his money doing sex transition treatments on children and who has exactly zero peer-reviewed studies to support his opinion.”
One of the representatives of the plaintiffs, Justin R. Rassi from Debevoise & Plimpton LLP, lauded the judge’s ruling, writing, “The Court’s well-reasoned decision exposes the lack of any legitimate justification for this discriminatory law, which inflicts severe and irreparable harm on transgender girls like Megan and Jane. We are very happy that, as a result of this ruling, Jane and Megan will be immediately able to resume playing sports with their friends.”
“We are very pleased with the Court’s decision that allows our clients to play on girls’ sports teams while this case proceeds. We look forward to securing a permanent ruling.” -Rachel Berg, NCLR Staff Attorney https://t.co/PTcVs8k3q7pic.twitter.com/5qTndrAtdc
— NCLR – National Center for Lesbian Rights (@NCLRights) July 21, 2023
Judge Zipps found that “the Arizona legislature intentionally created a classification, specifically ‘biological girls,’ that necessarily excludes transgender girls, and expressly allowed only that exclusive classification to play girls sports to the exclusion of transgender girls.” The judge wrote, “Enforcement of the Act in violation of the Equal Protection Clause in and of itself is sufficient to presume irreparable harm to justify a preliminary injunction.”
While Superintendent Horne has taken the primary lead in defending this law, he hasn’t been the only public official to take action in this case. Earlier this year, both Arizona Senate President Warren Petersen and House Speaker Ben Toma filed a Motion to Intervene in the matter. The Senate Republican’s press release highlighted that “on April 17, 2023, plaintiffs represented by a radical organization filed a motion for a preliminary injunction to stop the law from being enforced in Arizona,” and “Attorney General Kris Mayes is not defending the constitutionality of the law.”
At the time of their filing, Petersen said, “In the absence of the Attorney General defending Arizona’s law, we’re looking forward to fighting for the rights of female athletes across Arizona, as well as for the Court making it clear Arizona’s law protecting women and girls should be enforced.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
