In October 2023, the U.S. Department of Education (DOE), under the Biden-Harris Administration, imposed a staggering $37 million fine against Grand Canyon University (GCU) in Phoenix, the largest privately owned Christian University in the nation. The fine came without revealing any serious complaint against the school. In February 2024, the Goldwater Institute announced that it advanced a lawsuit to determine why such a massive fine was levied. Now, a hearing has been scheduled in the case for April 18th.
Acoording to the Goldwater Institute, the DOE claimed that GCU “violated federal disclosure rules regarding continuing education courses for PhD students.” GCU leaders deny this outright. Further, in a press release regarding the fine, the DOE declined to include any complaints from students or members of the public to support its regulatory action.
When a federal judge in the U.S. District Court hears arguments in Goldwater Institute v. U.S. Department of Education, Goldwater hopes to compel the federal agency to disclose the alleged violation(s), which it believes are particularly suspicious. According to Goldwater, a public statement from Biden’s Secretary of Education Miguel Cardona vowed to “shut down” GCU.
Adding doubt to the DOE’s allegations, as Goldwater notes, GCU reportedly hasn’t raised tuition in over 15 years. The manner in which the fine was announced was also suspect with Goldwater noting, “The Department also announced its unprecedented fine with a widely reported press release that was heavy on rhetoric and bereft of any serious complaints from students or the public. It also appears that the fine was assessed in conjunction with suspicious coordination among various federal agencies.”
According to Goldwater, efforts through a Freedom of Information Act (FOIA) request to determine the motivation behind the fine have gone unanswered, leading up to the complaint.
“The request seeks emails between key individuals of the Department and other federal agencies that discuss the Department’s fine against GCU. The records may help inform the public about this extraordinary fine, as well as coordination between various federal agencies in what appears to be the intentionally targeting of a successful university based on extraordinarily thin allegations. However, the Department has refused to produce the records requested and has failed to otherwise comply with the FOIA.”
As reported by AZ Free News in February 2024, Goldwater staff attorney Stacy Skankey explained, “With its motto of ‘private, Christian, affordable’ and its track record of graduating students into high-demand and high-paying jobs, GCU is a success story by any metric. And it stands apart from universities across the country that are facing declining enrollment, that are indoctrinating students with radical politics, and that are under attack for failing to defend the First Amendment.”
In an op-ed for the Washington Times in December, Jon Riches, Goldwater Institute Vice President for Litigation, wrote, “As the Trump administration prepares to tackle an ambitious education agenda, ending the shameful attack on GCU should be a top priority. This would not only correct the injustice done to GCU but also make clear the broader principle that higher education should be a domain of innovation and student achievement — not a fiefdom for ideological conformity and bureaucratic rule.”
The initial action was brought by the Goldwater Institute during the Biden Administration and saw little to no response from former Secretary of Education Miguel Cardona. Though confirmed by neither party, the hearing had initially been delay and could be reflective of the whirlwind of changes at the DOE under Trump Administration.
The upcoming hearing could present a departure from the DOE’s previous position on the GCU fine, or at minimum provide transparency that was lacking under the previous administration.
Arizona lawmakers have passed SB 1437, a bill aimed at increasing accountability for school employees and officials who fail to report sexual misconduct involving students. The bill, which received bipartisan support, now awaits Governor Katie Hobbs’ signature.
Sponsored by Arizona Senator Carine Werner (R-LD4), SB 1437 expands the list of mandatory reporters for cases of sexual misconduct in schools. Under the proposed law, school district governing board members, charter school governing body members, substitute teachers, and school safety officers will be legally required to report any incidents of sexual misconduct by school employees to law enforcement.
The bill was introduced in response to multiple cases of abuse that came to light during Werner’s tenure as a governing board member. Advocates argue that strengthening reporting requirements will close existing loopholes and help prevent potential predators from evading accountability.
SB1437 received bipartisan backing in the Arizona Legislature, with supporters emphasizing the need to ensure student safety and hold perpetrators accountable.
“It is imperative that we work together to protect children and take action against sexual predators who are abusing their trusted positions and flying under the radar in schools,” said Senator Werner. “Parents should be able to have confidence in knowing there are safeguards in place to prevent this abuse from happening.”
Supporters argue that increasing the number of mandatory reporters will deter potential misconduct and ensure swift action against offenders. The bill also reinforces Arizona’s commitment to child protection policies in schools.
“Not only does justice need to be served for inflicting life-altering acts on children, but parents should be able to have confidence in knowing when they send their child to school, there are safeguards in place to prevent this abuse from happening,” Senator Werner continued. “This bill, passing with bipartisan support, serves as a force-multiplier to ensure cases of sexual misconduct against children are reported. I applaud my colleagues in both chambers for getting this bill to the finish line. The people of Arizona are relying on us to implement laws to better protect our most vulnerable communities, and there’s no better way to deliver on this promise, than for the governor to sign this bill and support the effort.”
With the bill approved by both chambers of the legislature, it moves to Governor Hobbs’ desk for final consideration. If signed into law, Arizona will join other states that have recently strengthened mandatory reporting laws in response to concerns over child safety in educational settings.
The passage of SB 1437 underscores Arizona’s ongoing efforts to enhance protections for students and ensure greater accountability among those responsible for their well-being. The law would reinforce existing safeguards while signaling a tougher stance on preventing and addressing sexual misconduct in schools.
For further updates, stakeholders and the public are encouraged to follow legislative announcements and Governor Hobbs’ decision on the bill in the coming days.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
The Arizona Freedom Caucus (AFC) says it intends to replace Superintendent of Public Instruction (SPI) Tom Horne in 2026.
AFC’s chairman, State Senator Jake Hoffman, claimed to a press gaggle on Monday that Horne hasn’t put sufficient work into protecting the Empowerment Scholarship Account Program (ESA Program). Hoffman accused Horne of leaving the state legislature to do all the work to protect the state’s school choice program.
Hoffman called Horne “the single greatest threat” to the ESA Program.
“Thanks to the legislature and the conservative leadership that we have, Katie Hobbs is unable to make serious, negative, adverse reforms to school choice in this state. However, Tom Horne is the single greatest threat to school choice. Tom Horne is the single greatest threat to the ESA Program. Tom Horne is the single greatest threat to nearly 100,000 students and their families that are utilizing those programs right now. And so I will certainly be looking for a Superintendent of Public Instruction candidate to challenge Tom Horne.”
Horne denied the accusations from Hoffman in a direct response to the senator.
“I brought charter schools to Arizona when I served in the legislature in the 90s,” said Horne. “I’ve fought to keep ESAs and school choice from an Attorney General and Governor who want it gone. I’m happy to debate you anytime on these issues.”
I brought charter schools to Arizona when I served in the legislature in the 90s. I've fought to keep ESAs and school choice from an Attorney General and Governor who want it gone. I'm happy to debate you anytime on these issues @JakeHoffmanAZ. https://t.co/pPYFjkV5l9
Hoffman took issue with the proposed 2024-2025 ESA Handbook last month. Hoffman and fellow Republicans submitted a letter to the Arizona State Board of Education (ASBE) urging the draft’s rejection.
🚨 ESA ALERT 🚨
The 2024-2025 ESA Handbook was just published & has MAJOR problems!
ESA Parents are NOT happy.
The State Board of Ed is set to approve the flawed handbook THIS MONDAY.
ASBE declined to approve the new handbook during its meeting last week. The board delayed a decision on the proposed handbook for its next meeting toward the end of this month. Horne was the sole board member to motion for a board vote on the proposed handbook during their last meeting.
Horne has consistently presented himself as “the main defender” of the ESA Program. Horne explained the perceived limitations on ESA Program expenditures were necessary written safeguards against abuse of the program.
Per Horne, parents have attempted to take advantage of current unwritten limitations on reimbursements, such as requesting coverage for a $5,000 Rolex watch and a $24,000 golf simulator.
“[These are] abuse of things that are not really for the educational benefit of the child. It’s obvious there has to be some limitations,” said Horne.
The SPI has also pushed back against attempts by Attorney General Kris Mayes and Governor Katie Hobbs — both staunch opponents of the ESA Program and the concept of school choice in general — to undermine and cripple the ESA Program with allegations of poor oversight and management.
Horne says he has consistently referred cases of fraud to Mayes for investigation, as well as increased staffing for auditing and investigative purposes.
“Under my leadership, the department has done a full-court press against waste and fraud. I hired both a program auditor and an investigator, which had not been done before,” said Horne in a January response to Hobbs’ State of the State. “I require that every expenditure be for a valid educational purpose and have been attacked for doing that.”
Nearly 87,800 students participate in the ESA Program as of Monday’s count.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
The Arizona State Senate is considering HB 2880, a bill that would prohibit individuals from establishing or occupying encampments on university and community college campuses. The bill, sponsored by State Representative Alma Hernandez (D-LD20), passed the Arizona House of Representatives with a 41-17-2 vote and outlines enforcement procedures and penalties for violators.
The legislation defines an encampment as a temporary shelter, including tents, set up on campus for overnight or prolonged stays. If an individual or group is found in violation, university or college administrators would be required to order the encampment dismantled and direct the individuals to vacate. Failure to comply would result in charges of criminal trespass and possible legal action, including removal by law enforcement.
Additionally, students who refuse to leave could face disciplinary action under their institution’s student code of conduct. Violators would also be held liable for any damages resulting from the encampment, including costs related to removal, campus restoration, and property repair.
The bill aligns with Arizona laws protecting free speech on college campuses, allowing restrictions only when expression violates laws, disrupts university operations, or falls outside First Amendment protections. While supporters argue that the bill upholds campus safety and prevents disruptions, critics contend it could limit protest activities and infringe on student rights.
The issue of campus encampments recently came to the forefront in Arizona following the arrests of protesters at Arizona State University (ASU). According to reports, multiple demonstrators were detained during an anti-Israel protest on campus, where students and activists had set up an encampment in defiance of university regulations. Law enforcement intervened after the protest was deemed disruptive to campus operations.
The incident at ASU has intensified discussions surrounding HB 2880, with supporters arguing that the bill is necessary to prevent similar disruptions, while critics claim it could be used to suppress student activism. The event highlights the broader national debate over the limits of protest on college campuses and the role of law enforcement in maintaining order. Several states have introduced similar legislation in response to high-profile protests that have disrupted campus operations.
If enacted, the bill would require enforcement by campus security and local law enforcement agencies. The Arizona Board of Regents (ABOR) and community college governing boards would ensure compliance with student conduct policies.
The bill now awaits further deliberation in the Senate. As the debate continues, lawmakers, university administrators, and students will likely weigh the balance between maintaining order on campuses and protecting the right to protest.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
The Arizona State Board of Education (ASBE) declined to approve the new handbook for the Empowerment Scholarship Account (ESA) Program.
ASBE discussed the proposed 2025-2026 ESA Handbook during its meeting on Monday. Though it had the opportunity to approve the handbook during the meeting, a majority of the board indicated a desire to abstain from voting on the handbook until their upcoming April meeting.
Arizona Department of Education (ADE) Superintendent Tom Horne motioned for ASBE to take a vote on the handbook, but no other board member seconded his motion.
The ESA executive director, John Ward, said the new handbook was more user friendly, with information clarified and organized, redundancies reduced, hyperlinked statutes and rules, a clarified list of spending limits on items associated with risks of abuse, and a new chapter on enrollments.
A point of concern for ASBE board members related to ESA Program approvals of expenditures, namely of the sort opposed by Attorney General Kris Mayes.
Mayes’ Government Accountability Unit launched an investigation into the ESA Program over its expense authorizations last July. Mayes accused the ESA Program of approving supplementary materials without documentation of a curriculum nexus, approving certain curriculum materials without curriculum documentation, and approving textbook expenses without documentation demonstrating a qualified school or eligible postsecondary institution requires it.
During Monday’s meeting, Ward clarified there were certain “common” educational items for which the ESA Program didn’t require curriculum in order to not burden families, such as pencils and paper. Ward said the attorney general’s letter prompted them to split the supplemental materials listings into two: those that will always require a curriculum nexus and those that are general educational items which, pending the ongoing court case’s outcome on the matter, may never require a curriculum nexus.
There were over 87,600 students reported within the ESA program as of Tuesday.
The ESA Program continues to be a source of conflict between statewide officials.
Governor Katie Hobbs targeted the ESA Program during her State of the State address in January. Hobbs’ criticisms prompted a rebuttal from Horne; he said the governor was ignorant to the administration of the program.
In his explanation of the new ESA Program Handbook earlier this month, Horne dismissed one major opposing claim: that the program needs to reimburse parents without question of the expenses.
Horne said the ADE’s oversight of expenditures successfully prevented abusive charges, such as a $5,000 Rolex watch and a $24,000 golf simulator.
“[These are] abuse of things that are not really for the educational benefit of the child. It’s obvious there has to be some limitations,” said Horne.
Unlike his predecessor, Horne has repeatedly stepped up to defend the ESA Program.
“Parents should have the choice to be sure their child is in a school that meets the needs of that child,” said Horne. “The ESAs are really not really a challenge to the public schools; they supplement them and make sure that all students are in an environment where needs are being met.”
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
A bill requring schools to use students’ real names and biological pronouns is making its way through the Arizona legislature.
SB 1002, sponsored by Arizona Senator John Kavanagh (LD-3), would prohibit school districts, charter schools employees, or independent contractors from referring to any student by a pronoun differing from their biological sex or a name other than their legal name without parental consent. It also prevents a school district or charter school from requiring an employee or independent contractor to use a pronoun that differs from a person’s biological sex, if doing so is contrary to their convictions.
The bill has moved to the Arizona House of Representatives where it awaits approval by the caucuses and a final vote.
Explaining the bill in a video, Sen. Kavanagh said that his bill “has to do with school staff and teachers using a pronoun or a nickname for a student that is not aligned with that student’s biological sex. The bill says that no school personnel can call a student by such an inappropriate pronoun or nickname unless the parents consent. And in addition when the parents do consent, no school employee can be forced to call the person by the pronoun that does not align with their biological sex if it violates the employee’s religious or moral beliefs.”
He continued, “This is important because students that want to be called by a different name or pronoun than their biological sex, or so-called transgendered students, many of them have a condition called gender dysphoria, which causes a lot of anxiety, sometimes even suicidal thoughts. So, the parents may know about this and may have the child under psychiatric care and the child’s doctor may have told the parents do not entertain a different pronoun or name that’s different from the from the child’s real sex because it could harm the child. So, we certainly don’t want school personnel harming children and threatening their psychological well-being or driving them to suicide. So, we’re going to require parental permission because also it’s a matter of parents’ rights. Parents determine what’s good for their children, not a school staff member or a school teacher, however well-meaning they may be.”
As noted in the text of the bill, Arizona’s Parental Bill of Rights “reserves parental rights to a parent of a minor child without interference from the state, a political subdivision or other governmental entity or any other institution.” Among the rights enshrined in the laws A.R.S. §§ 1-601 and 1-602 are parental rights to direct their children’s “education, upbringing and moral or religious training,” and making healthcare decisions on their behalf.
