Arizona Republicans continue to take proactive steps to protect women’s sports.
Arizona Superintendent of Public Instruction Tom Horne recently filed a legal response in the case of Jane Doe, et al. v Thomas C. Horne, et al., asking the federal court to grant his side “an additional 90 days to compile evidence as Plaintiffs did at leisure, and then deny the Motion for Preliminary Injunction.” Horne is seeking to defend an Arizona law that prohibits biological males from competing in women’s and girls’ athletic events at state public schools, colleges, and universities. That law was SB 1165, which was signed by former Arizona Governor Doug Ducey on March 30, 2022.
Horne’s action comes weeks after Arizona Senate President Warren Petersen and House Speaker Ben Toma filed a Motion to Intervene in the proceedings. According to the Senate Republican’s press release, “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.”
The transfer of power from Republican Mark Brnovich to Democrat Kris Mayes in the Attorney General’s Office has forced the Republican-led Arizona Legislature into the lead role when it comes to litigation of federal and state lawsuits. Both Petersen and Toma figure to take many more legal actions over the next year and a half with Democrats occupying the Governor’s and Attorney General’s Office in the Grand Canyon State.
In his most-recent filing to the court, Horne states, “The disruption and the unfairness caused to others by Plaintiffs insisting on unfairly competing against biological girls is undeniable. If the preliminary injunction were to be granted, a number of schools would permit biological males/transgender females to compete against girls. This would be devastating to girls who hope to excel but cannot because they are competing against biological boys and being deprived of scholarships. “
The Republican Superintendent, in his second stint as the state’s top educator, issued the following statement when announcing his filing: “I have sympathy for anybody who feels trapped in the wrong body, but I don’t believe that biological boys should be playing against girls. If there really are no differences between males and females then all sports would already be co-ed.”
Last Wednesday, Horne had joined Marshi Smith, a former University of Arizona swimming star, at a press conference to announce the court filing and to highlight a letter sent to the NCAA from Marsh and dozens of other female athletes in March 2022.
That letter, also co-signed by Riley Gaines, expresses the ladies’ “anguish” as they watched the 2022 NCAA Swim & Dive Championships earlier in the month. They write that they “feel we are witnessing irrevocable damage to a sport that has transformed our own identities for the better,” charging that “the NCAA has successfully failed everyone by allowing Lia Thomas to compete directly with women.” The female athletes state that they “are eager and willing to discuss directly with the NCAA potential steps it can implement to create new solutions for the expanding athletic family.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona Republican legislators have finally had enough of Democrat Attorney General Kris Mayes’ continuing assault on the state’s historic Empowerment Scholarship Accounts (ESA) program.
On Thursday, a bicameral group of Republican lawmakers, led by Senate President Warren Petersen and House Speaker Ben Toma, transmitted a letter to Mayes, demanding that she “publicly retract (her) patently false statements attacking ESAs and impugning the motives of thousands of parents that use ESAs to provide the best education for their children.”
The accusations and demands in the letter stem from a recent television interview Mayes gave where she “claimed 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.’”
The coalition of eight legislators (Senators T.J. Shope, Sonny Borrelli, and Sine Kerr, and Representatives Travis Grantham, Leo Biasiucci, and Teresa Martinez – along with Petersen and Toma) share their alarm “that the state’s chief legal officer would make such outlandish claims that are refuted by Arizona law.” They write that “Numerous statutory provisions in the ESA laws expressly require accountability, oversight, and investigations when appropriate. See, e.g., A.R.S. § 15-2403 (requiring, among other things, the Arizona Department of Education to conduct or contract for ‘random, quarterly and annual audits’ of ESAs ‘as needed to ensure compliance’, authorizing the Department to remove parents or qualified students if they fail to comply with the contract or applicable laws, rules or orders, and enabling the State Board of Education to refer cases ‘of substantial misuse of monies’ and suspected cases of fraud to the Attorney General).”
Republican Superintendent of Public Instruction Tom Horne’s administration has been amenable to referring such cases of fraud or misuse of monies to the Attorney General as directed under law. In a tweet on March 1, the Arizona Department of Education responded to an account alleging misuse and / or fraud of ESA funds (in a post that has since been deleted), saying, “Please provide your relatives name, and we would like to refer her to Attorney General Kris Mayes. ESA dollars should only be spent on education.”
The Republicans warn Mayes that her rhetoric and threats are way beyond the statutory scope of her office, writing, “You have not cited a shred of evidence to suggest that either the Arizona Department of Education or the State Board of Education—both of whom you represent—have failed to comply with their statutory obligations, and there is no basis to believe that these agencies will disregard or refuse to follow the law in the future. And while you have a statutory responsibility to investigate matters that are referred to you, the Legislature did not authorize and does not condone the selective targeting or roving investigations of ESA parents.”
They also raise the issue of “ethics” that will be sure to catch the attention of the intended audience at Central Avenue and just north of McDowell. Over the past few years, then-Secretary of State Katie Hobbs weaponized the Arizona State Bar and ethics rules against then-Attorney General Mark Brnovich, her political rival at the time, giving a very low standard of precedent for a reprisal against the state’s newest prosecutor. Hobbs didn’t just file bar complaints against Brnovich; she leveled the charges at several attorneys in his office over political disagreements between the two. In their letter to Mayes, the legislators write: “Of course, Arizona’s Ethical Rules do not tolerate the initiation of criminal proceedings absent probable cause to believe that any parent has committed a crime. See Arizona Ethical Rule 3.8 (listing the special ethical responsibilities of a prosecutor). Further, it would raise ethical questions if a government attorney were to publicly insinuate that a current client is engaging in misconduct with no factual basis. See, e.g., Arizona Ethical Rule 1.7 (imposing a duty of loyalty to a current client).”
The lawmakers end their letter with an appeal for Mayes to conform with the expectations and values of their shared constituents across the state, stating, “Arizonans expect the state’s chief legal officer to refrain from engaging in politically-motivated pursuits, threats, or lawsuits, and to make public statements that align with Arizona law and the duties of your office.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Gov. Katie Hobbs revoked $50 million in school choice funding awarded by her predecessor, Doug Ducey, calling it “illegal and invalid.”
The funds were used for day-long Empowerment Scholarship Account (ESA) Program kindergarten. Hobbs said that this represented unequal treatment of ESA versus non-ESA students, since the state only funds half-day kindergarten for public school students.
“Illegally giving $50 million to private schools while failing to properly invest in public education is just one egregious example of the previous administration’s blatant disregard for public school students,” said Hobbs. “I will always fight to protect our public schools and work to give every Arizona student the education they deserve. Today, we averted a violation of federal law and the State Constitution. In my administration, we are committed to deploying federal funds lawfully and equitably.”
Hobbs claimed the $50 million grant violated multiple provisions of the Arizona Constitution concerning equal protection, the gift clause, and the maintenance of public schools. The governor also claimed that the grant conflicted with terms set by the American Rescue Plan Act (ARPA) in its COVID-19 emergency funding because the grant didn’t address educational disparities it purported to address.
Hobbs said her office plans to reallocate the $50 million elsewhere, though the governor hasn’t publicly announced where. She said she delivered notice to the treasurer’s office for next steps.
In response, Treasurer Kimberly Yee criticized Hobbs’ move as “politically driven and belligerent,” and noted that she had no prior notice of Hobbs’ intent to withdraw the funding until she, like the rest of the public, learned of Wednesday’s press release. Yee also disclosed that her legal team was looking into the legality of Hobbs’ actions.
“As has become the norm for this governor, my office first learned of her action through a press release prior to receiving the letter, and we have yet to receive any communication from the Governor or her team on this matter other than the letter. Our legal team is currently reviewing the lawfulness of the governor’s move and determining next steps,” said Yee.
Yee also claimed that Hobbs’ actions reflected a disregard for educational freedom.
“It is clear Governor Hobbs does not care about what is best for Arizona kids or respect the rights of parents to determine the best environment to educate their child,” said Yee. “Instead, she is using these children as pawns in a desperate and transparent attempt to win back support from union bosses and her ultra-progressive base. Educational choice is the civil rights issue of our time, and unfortunately, Governor Hobbs thinks she knows better than parents. I fundamentally disagree, and so do Arizona families.”
Daniel Scarpinato, former chief of staff to Ducey and former national press secretary for the National Republican Congressional Committee (NRCC), claimed that Hobbs’ true motive was to improve her publicity over other statewide Democratic officials.
“The real story: Katie Hobbs is kowtowing to her far-left base because other statewide Dems are getting way more publicity than her,” stated Scarpinato. “First she canceled summer school. Now she’s against kindergarten. Hobbs’ record is stacking up, and it’s one that hurts real kids. That’s on her.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Arizona Attorney General Kris Mayes announced over the weekend her intent to investigate parents participating in the state’s school choice program.
The attorney general issued the announcement exclusively in an interview on “The Sunday Special” by 12 News. Mayes claimed that audits done in the past by the Arizona Department of Education (ADE) proved the prevalence of fraud, waste, and abuse in the ESA Program. The current administration has been in office less than a year.
“Clearly, there’s evidence of [fraud, waste, and abuse] already in audits that have been done in the past by the Department of Education,” said Mayes.
The last audit from the auditor general was issued in 2020. It found that former Superintendent Kathy Hoffman’s administration was slow to answer customer service phone calls and emails, provided poor quality information to ESA families, exceeded the 45-day statutory deadline for 55 percent of applicants, and releasing families’ personal information when fulfilling public records requests.
The last quarterly report was issued by ADE in September 2022 for fiscal year 2023.
Mayes accused the Arizona Department of Education (ADE) of not holding Empowerment Scholarship Account (ESA) Program parents accountable, and of wasting millions in taxpayer funding.
“There are no controls on this program. There’s no accountability, and they’re spending hundreds of millions of dollars of taxpayer money,” said Mayes. “That needs to be looked at. I’m the state’s top law enforcement officer, and I think it’s my responsibility to do that.”
Mayes’ announcement followed Gov. Katie Hobbs’ approval of the budget, which Mayes and other legislative Democrats opposed.
Mayes pointed out that funding for the ESA Program sits at over $300 million. As of Monday, there were just over 56,900 students enrolled in the ESA Program. Since the ESA Program gives families up to $7,000 in school choice funding for alternative schooling options, such as private and home schools, the current cost to the state sits at just under $400 million.
In public schools, the cost per student is about double the cost per ESA student — about $15 billion annually.
The attorney general also claimed earlier this month that the universalized ESA Program would be a “catastrophic drain” on state resources.
“This is taxpayer money that is now going to private schools like Brophy, Xavier, and Phoenix Country Day School, and All Saints. This money is being used by wealthy parents for their kids to go to private schools. That’s not what it was designed to do,” said Mayes.
In response to Mayes’ plan, ADE Superintendent Tom Horne noted that his predecessor, Kathy Hoffman, had intentionally attempted to undermine the ESA Program through improper administration.
“Under my predecessor, who was unfriendly to universal Empowerment Scholarship Accounts (ESAs), the laws were not strictly enforced, and therefore funds were used for non-educational purposes, including restaurants and clothing stores,” stated Horne. “Because I am the defender of the ESA program, I want the laws to be strictly adhered to. I want to ensure that not one penny is used for a non-educational expense. Arizona is the first in the nation, and a model for the rest of the country. I am determined that all laws be strictly enforced, and all funds be used only for valid educational purposes. I’m disappointed that Attorney General Mayes has chosen, at every single opportunity, politics over the law.”
In March, Horne asked the State Board of Education to make four major changes to ESA Program administration to ensure better compliance with state law. The requested changes concerned modification of allowable education-related expenditures, accreditation for tutors and teaching services, access to ESA funds and debit card use, and a vendor change from ClassWallet.
As AZ Free News reported in January, the Horne administration inherited a severely understaffed ESA Program with nearly 171,600 unfulfilled expenditure requests. Of the approved expenditure requests, the administration discovered the approval list of expenditures had grown to include things like espresso machines. Hoffman inherited nearly 37,000 unfulfilled expenditure requests.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
After a period of relative peace between Arizona Legislative Republicans and Democrat Governor Katie Hobbs, her veto pen has again enflamed the political division between the two sides.
On Monday, Arizona Senator John Kavanagh announced that Governor Hobbs had vetoed SB 1001, relating to school policies about pronouns and biological sex. According to Kavanagh’s release, his bill “would have prohibited a school district or charter school from knowingly referring to students under the age of 18 by a pronoun that differs from the child’s biological sex, or a first name that is not listed in school records;” and it “would have also prevented schools from requiring their staff to use a pronoun that differs from a person’s biological sex, if doing so is contrary to their own personal convictions.”
Kavanagh blasted Hobbs for her veto, saying, “Parents have a right to know if their children are in psychological turmoil. Parents also need to know if their children are confused, depressed, anxious, isolating themselves, having suicidal thoughts or are in need of mental health care because of gender dysphoria. Parents can’t get their children the counseling or therapy needed if their school is hiding this information from them. Additionally, if a child is receiving mental health care and that child’s physician advises not to treat the child as a different gender, then a school going against the doctor’s wishes without the parent’s permission would create reason for a lawsuit. This is a dangerous situation for children who are struggling with mental health issues. For the Governor to turn a blind eye to what’s happening is reckless and irresponsible. I would expect more from a former social worker.”
Last week, Hobbs transmitted a veto letter to the Arizona Senate, explaining her justification, writing, “As politicians across the country continue to pass harmful legislation directed at transgender youth, I have a clear message to the people of Arizona: I will veto every bill that aims to attack and harm children. I want to thank the young people that bravely testified against SB 1001 at the Legislature. To you, I promise to be an ally and to uplift your stories. Additionally, I would like to thank Representative Lorena Austin for telling their story and speaking their truth. I would like to reemphasize their words to all the young people of the state, ‘You have every right to be who you are.’”
After the Arizona House of Representatives passed the bill last week, Janae Stracke from Heritage Action issued a statement in support of the Legislature’s efforts, writing, “As the Left continues to push radical gender ideology in schools and strip parents of their right to know what their children are learning, it’s time for parents and legislators in Arizona to start fighting back with common sense. By passing SB 1001, legislation that ensures school systems obtain parental consent before changing a student’s name and pronouns and protects school employees from violations of their religious or deeply-held beliefs, the Arizona Legislature upheld parental rights across the Grand Canyon State.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Legislation to increase Americans’ First Amendment rights at Arizona colleges and universities appears to be obtaining more bipartisan appeal as it moves towards the Governor’s Office.
On Monday, the Arizona House of Representatives passed SB 1013, which deals with free speech zones on state universities and colleges. The proposal, sponsored by Senator John Kavanaugh, “allows a person to engage in expressive activity in any area on a public university or community college campus where they are lawfully present, and modifies the state aid amounts from a community college district that exceeds its expenditure limitation in FY’s 2024 and 2025.” SB 1013 passed 57-1 (with one Democrat not voting and one seat vacant).
Kavanaugh’s bill first passed the Arizona Senate on February 28 with a 16-14 vote along party lines – after clearing the Education Committee with a 5-2 tally. When the legislation was transmitted to the House, it was assigned to the Education Committee as well, where it received a unanimous 8-0 approval (with two Democrats voting ‘present’).
The bill was amended twice – once in the Senate and another time in the House. The first amendment came from Senator Kavanaugh, specifying “that the authorization for a person to engage in expressive activity on a public university or community college campus in any area where the person is lawfully present does not prohibit a university or community college from regulating economic activity on the campus.” The House amendment, sponsored by Representative David Livingston, set “penalties for a community college district that exceeds its expenditure limitation;” and also limited “the maximum penalty that can be withheld from a provisional community college district established before December 31, 2015, located in a county with a population less than 300,000, which exceeds its expenditure limitation.”
Days after his bill passed the Arizona Senate, Kavanaugh recorded a video to explain his reasoning for introducing the legislation, saying, “If you’re on a college campus, and you have a legal right to be where you’re at – and you’re not blocking people and you’re not disrupting anything, then you can do and say whatever you want that’s legal. We’re going to restore the First Amendment to our universities. It’s long overdue.”
Since the House amended the Senate’s version of SB 1013, the Senate will have to concur with the changes in the coming weeks. On Tuesday, the bill was sent back to the Senate to await further action.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.