Watchdog Group Accuses Education Secretary Cardona  Of Sending Anti-Republican Email In His Official Capacity

Watchdog Group Accuses Education Secretary Cardona Of Sending Anti-Republican Email In His Official Capacity

By Matthew Holloway |

On Thursday, the Foundation for Accountability and Civic Trust (FACT), a non-partisan ethics watchdog group filed a complaint with the U.S. Office of Special Counsel under The Hatch Act of 1939 against Secretary of Education Miguel Cardona. FACT has alleged that Cardona violated the Act by sending out a political email to federal student loan borrowers in his official capacity. The HATCH Act of 1939 limits certain political activities of federal employees to protect federal employees from political coercion in the workplace.

According to a press release from FACT, an email sent in July 2024 to an estimated 43 million “citizens who are federal student loan borrowers,” originated from an official government email address, was written on an official Department of Education letterhead, and was signed by Cardona with his official title. The foundation noted, “This type of political advocacy from the government targeting citizens who interact with an agency is exactly the type of politicization the Hatch Act is designed to prevent.”

Kendra Arnold, Executive Director of FACT, said in a statement, “Secretary Cardona appears to have been caught making an overtly political pitch to student loan borrowers in an election year. The uniqueness and magnitude also need to be noted, as this case goes far beyond a standard Hatch Act violation of making a political remark while appearing in an official capacity.

What looks to have happened here is an extremely partisan message was widely distributed using data the federal government had compiled on citizens who have student loans—a universe that could be 43 million people. ​We urge the Office of Special Counsel to immediately act and investigate whether Secretary Cardona violated the Hatch Act and, if so, the true scope of it.”

In the text of the email from Cardona, revealed by FACT, several statements from Cardona are explicitly political in nature, addressing Republicans as adversaries to the department. For example:

  • “Republican elected officials who are siding with special interests and trying to block Americans from accessing all the benefits of the most affordable student loan repayment plan in history . . .”
  • “President Biden and I are determined to lower costs for student loan borrowers, to make repaying student debt affordable and realistic, and to build on our separate efforts that have already provided relief to 4.75 million Americans – no matter how many times Republican elected officials try to stop us.”
  • “While we disagree with the Republican elected officials’ efforts here to side with special interests and block borrowers from getting breathing room on their student loans . . .”

The complaint submitted by FACT lays out the HATCH Act case against Cardona clearly and in simple terms: “(1) the email was a blatant political communication and (2) it was sent in Cardona’s official capacity using taxpayer funded resources.” In campaign or marketing terms, the email list owned and maintained by the Department of Education is a resource that is potentially worth billions of dollars and is off-limits for anything but official government use. As Arnold noted, “the email sent by Cardona was a blatant political communication. When read in its entirety it is clear the only purpose for sending the letter was a political one and its content was primarily political. The email made political arguments and numerous times specifically identified the political party by name that Cardona opposes in a disparaging manner to generate opposition to the political candidates and party.”

As reported by The Daily Mail, the modern interpretation of the HATCH Act prohibits the sending or forwarding of partisan political emails while an official is on duty or in the workplace or even engaging in political activity like attending a meeting while in uniform or driving a government vehicle.

Arnold writing on behalf of FACT concluded, “While this is an obvious case simply based upon the facts above, it goes far beyond the standard violation of just making a political remark while appearing in an official capacity. While he certainly did make a political remark in his official capacity, he also proactively used data the government had on student loan borrowers for political purposes. Quite clearly this is a severe breach of the citizens’ trust and is inexcusable.

The government endorsement of a political position and use of taxpayer funded resources to do so is the exact political behavior that is forbidden by the Hatch Act.”

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.

Horne Advises Schools To Seek Legal Counsel On Controversial Title IX Changes

Horne Advises Schools To Seek Legal Counsel On Controversial Title IX Changes

By Staff Reporter |

State Superintendent of Public Instruction Tom Horne is advising Arizona’s school districts and charter schools to consult legal counsel regarding implementation of the controversial Title IX changes.

The changes to Title IX center on the redefining of the term “sex” to include “gender identity.” In effect, schools would be required to permit access to gendered programs, activities, or spaces on the basis of gender identity rather than biological sex, such as sports teams, locker rooms, and bathrooms. The U.S. Department of Education (ED) released the final Title IX rules outlining this change in April. 

In ED’s justification for expanding the concept of “sex” to include “gender identity,” the agency declared that basing exclusion on biological sex amounted to sex discrimination. 

“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”

These new rules take effect on Aug. 1. 

In a press release on Monday, Horne announced that he’d advised legal counsel to educational institutions through letters disseminated to all districts and charters. Horne emphasized that, though all schools had the choice to implement the updated Title IX regulations, there were pending legal challenges that may result in students suffering damages. 

“This is your choice, but you may wish to delay implementing the new regulations until the legal situation is clarified. If the regulations are implemented and then later overruled by the courts, students may suffer damages in the meantime,” said Horne.  “This is not legal advice. The Arizona Attorney General may disagree […] We are a local control state, and it will be up to districts and charters to determine how to proceed in this situation. You need to consult with your lawyer. I am only providing information I think might be useful.”

Indeed, a federal court in Louisiana ruled against the new regulations last month. The judge determined that the new federal rules amounted to federal overreach, calling ED’s rulemaking “arbitrary and capricious,” and signaling concern for the rules’ threat to protected constitutional speech. 

Some districts have already opposed the changes. 

Dysart Unified School District’s governing board voted to reject the new Title IX rules earlier this month. The district declared that ED’s changes to Title IX were contradictory to the existing, plain language of the rules.

Horne noted in Monday’s press release that the new Title IX rules could “significantly injure public education” by prompting parents to flee the system.

“In the past I’ve been asked by districts, as a policy matter, about their consideration of rules, permitting biological boys who have male genitalia being allowed in girls’ bathrooms, locker rooms, and showers,” said Horne. “My response was that there should be unisex bathrooms available, and if there was no room for them, the faculty bathroom should be used for that purpose. That would preserve the dignity of biological boys who identify as girls. But if they were allowed in girls’ facilities, I thought parents might well remove the girls from the school and send them to another district, Charter School, or private school. So, this rule could significantly injure public education.”

26 states have put forth legal challenges to the Title IX changes, with some awarded injunctions: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Schwiebert Aims To Dismantle School Choice And ESA Program If Elected To State Senate

Schwiebert Aims To Dismantle School Choice And ESA Program If Elected To State Senate

By Staff Reporter |

Another one of Arizona’s middle-of-the-road legislative districts may be represented by a liberal after November’s General Election if enough Democrats and left-leaning independents have their say.

Judy Schwiebert, a Democrat, is running for the Arizona State Senate in Legislative District 2. Schwiebert currently serves as a State Representative for the district. She announced for the seat in June 2023, saying that “we need people who will work together to focus on the toughest challenges facing Arizonans including our teacher, affordable housing, and water shortage crises.”

Schwiebert posted more than 1,600 signatures at the Arizona Secretary of State’s Office earlier this spring to qualify for the ballot.

The Democrat legislator has been endorsed by several left-leaning organizations, including National Organization for Women Arizona PAC, Arizona Education Association, Moms Demand Action, Save Our Schools Arizona, Arizona List, Jane Fonda Climate PAC, the Grand Canyon Chapter of the Sierra Club, Emily’s List, Moms Fed Up, and Human Rights Campaign PAC.

If voters were to select Schwiebert over the Republican favorite in the district’s primary, Shawnna Bolick, they would be sacrificing one of the state’s strongest school choice proponents for one of the top opponents of educational opportunities and freedom for students and families. In a recent interview with a local outlet, Schwiebert set her sights on the Empowerment Scholarship Account (ESA) program, which has given tens of thousands of Arizona families the opportunity to choose the education that best suits their children, saying, “What we cannot afford is to create an entirely separate private school system – funded by taxpayer money – that siphons almost a billion dollars a year out of the state budget. That’s what the universal ESA voucher program is doing. It is creating huge deficits. It is preventing us from investing in all kinds of things that Arizonans urgently need.”

In June 2022, Representative Schwiebert voted against the bill that expanded the ESA program in the state (HB 2853), which was the first of its kind in the country.

Schwiebert’s endorsements from Arizona Education Association and Save Our Schools Arizona also speak volumes about what she would continue to do in the state senate to undermine school choice opportunities for her constituents. In its 2023 Legislative Policy Priorities, Save Our Schools Arizona wrote that “Diverting public funds away from public schools toward private schools through ESAs and STOs only exacerbates the crisis – especially with universal ESA vouchers directing state tax dollars overwhelmingly to families who never sent their children to public schools in the first place. This negatively affects Arizona students and families, leaving the next generation unprepared for success and risking our state’s future.”

On her “X” account, Schwiebert has posted her participation with Save Our Schools Arizona at different events.

The Arizona Education Association is also an ardent opponent of the state’s many educational freedom opportunities. After Democrat Governor Katie Hobbs signed the state’s budget in 2023, which she negotiated with Republican legislative leadership, the Association wrote, “It’s extremely frustrating that this budget does not address the growth of the state’s out-of-control voucher program. The extremist majority in our state legislature has ignored the will of Arizona voters and pushed through policies that bankroll private schools for the wealthy at the cost of the public schools attended by 90% of Arizona kids…This unchecked spending is completely irresponsible and is on track to bankrupt our state. The fight to repeal vouchers during next year’s legislative session starts today.”

Earlier this year, Schwiebert bemoaned the resistance of Arizona Republican legislators in the House majority “to even consider sensible legislation to raise educator pay…”

However, during the 2023 Arizona Legislative Session, Schwiebert voted against HB 2800 in committee, which would have “mandate[d] each school district and charter school increase the base salary of all eligible teachers” – according to the overview provided by the state House of Representatives. That bill, which was sponsored by Republican State Representative Matt Gress, received a green light from the House Appropriations Committee, but failed to make it out of the full chamber for the Senate’s consideration.

Schwiebert explained her vote at the time, saying, “The bottom line for me is well, this bill is really, I think, well-intentioned, and it’s good that, I’m glad to hear that Mr. Gress is acknowledging that teachers deserve higher pay, they absolutely do. But unfortunately, there are some serious flaws in this bill that I’m concerned could leave public schools in a worse financial position than they are in now.”

Representatives from both the Arizona Education Association and Save Our Schools Arizona registered opposition to the legislation on the Arizona Legislature’s Request to Speak system.

Arizona Legislative District 2 is one of the most competitive in the state, with a 3.8% vote spread in the past nine statewide elections. It is very winnable for Republicans, however, as the party has emerged victorious in six out of those nine elections. The district covers a large portion of northcentral Phoenix.

Schwiebert is running unopposed in the July primary election for Democrats. She will face off against the winner of the district’s Republican primary contest for state senator, which features incumbent, Shawnna Bolick, and Josh Barnett.

Bolick told AZ Free News that her “general election opponent was voted in shortly after she helped collect signatures for a ballot initiative that would have levied a billion dollar tax on small businesses not only hurting these business owners, but our state’s economy.” She added, “[Schwiebert] cares more about protecting special interests than voting for common sense education policies that gives every kid a chance to thrive in the school of their choice.”

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Ultraliberal House Candidate For LD4 Wants To Rein In ESA Program

Ultraliberal House Candidate For LD4 Wants To Rein In ESA Program

By Staff Reporter |

A politically middle-of-the-road legislative district may be home to one of the state’s most liberal elected officials if voters turn to Democrat representation in the November General Election.

Karen Gresham, a Democrat, is campaigning for the Arizona House of Representatives in Legislative District 4, which covers an area of northcentral Phoenix. She currently serves as a Governing Board President for the Madison Elementary School District. In addition to her run for state house, Gresham is running for re-election to this Governing Board, where she hopes to sit for another four-year term.

On March 29, Gresham announced that she and her Legislative District 4 running mates had filed their signatures to qualify for the ballot.

Gresham appears to be an unashamed liberal Democrat, who has a lengthy record of supporting Democrat organizations, causes, and candidates. On OpenSecrets.org, a Karen Gresham from Phoenix is reported to have contributed to the Democratic Party of Arizona, Save Our Schools, Planned Parenthood of Arizona, Arizona List, Hillary Clinton, Katie Hobbs, David Garcia, Fred Duval, Ruben Gallego, Adrian Fontes, Kris Mayes, Ann Kirkpatrick, Greg Stanton, LD4 Democrats, and several other Democrat interest groups, and legislative candidates and incumbents.

The Democrat candidate is endorsed by a plethora of liberal special interest and advocacy groups, including Arizona List, Moms Demand Action, Human Rights Campaign of Arizona PAC, Sierra Club, Save Our Schools Arizona, Emily’s List, and National Organization for Women Arizona PAC.

Gresham would undoubtedly give Democrats another ardent pro-abortion vote in the legislature. On June 24, she posted to her “X” account that “in the two years since the Supreme Court’s Dobbs decision, Arizonans reproductive freedom has been in a state of uncertainty. We MUST pass the Arizonans for Abortion Access initiative and flip the legislature to protect reproductive freedoms.”

When Gresham was endorsed by Emily’s List in May, she boasted that she has “been a champion for reproductive freedom for years and will continue to advocate for policies that ensure our rights.”

On her campaign website, Gresham portrays herself as a reasonable education advocate with her experience on the Madison Elementary School District board, writing, “I know what Arizona schools, teachers, and students need,” and that “I am deeply passionate about education and improving our schools.”

However, the truth appears to be far different. At a campaign event this summer, Gresham, when speaking about her views on education, said, “We’re funding three systems right now: charter schools, public schools and the ESA system. So, we need to consolidate those and bring the funding back under the public school umbrella because it all falls into place after that.”

In 2020, Gresham expressed her displeasure over “public charter schools receiving small business PPP,” adding that “this is not ok!”

Gresham is also supported by the Progressive Change Campaign Committee (PCCC), which is raising political funds for her race to “help Dems pick up the ONE SEAT they need to flip the Arizona State Legislature from red to blue.” PCCC advocates for liberal policies such as the Green New Deal, Medicare for All, and Debt-Free College. The organization also touts its partnership with Senator Elizabeth Warren on federal legislation, and its appreciation of net neutrality, which PCCC highlights was “celebrated by the Obama administration.”

She is also endorsed by Sister District Project South Bay, which posted its support of “candidates in key state legislative races where we can build momentum at the bottom of the ticket to benefit the strategic higher-ticket Democratic opportunities in states like Pennsylvania, Arizona, North Carolina, and Nevada.” The organization states that “by helping progressive candidates win elections, we aim to …enact climate actions and environmental justice now, racial and gender equity, protect reproductive rights, and so much more.”

Legislative District 4 is one of the most competitive in the state with a 3.4% vote spread between Republicans and Democrats in the past nine statewide elections, according to the Arizona Independent Redistricting Commission. Republicans have won five of those contests, compared to four for Democrats.

Gresham is running alongside former State Representative Kelli Butler in the Democrat Primary. The two will face off in November’s General Election against incumbent State Representative Matt Gress and Pamela Carter, who will both emerge from the Republican Primary.

Currently, there is only one legislator representing Legislative 4 (Gress) due to a Democrat’s resignation last month. Earlier this month, Gresham was one of three Democrats nominated to the seat (with Kelli Butler and Eric Meyer) to be considered by the Maricopa County Board of Supervisors. One of those individuals will be selected by the Board to serve for the duration of the term (until early January 2025).

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Bolick Plans To Bring Her Passion For School Choice Back To The Arizona Senate

Bolick Plans To Bring Her Passion For School Choice Back To The Arizona Senate

By Staff Reporter |

A public servant and school choice warrior of the Arizona Legislature is key to Republicans’ control of the Senate chamber in the next two sessions.

State Senator Shawnna Bolick is hoping her constituents give her the green light to come back for her first full term in the Arizona Legislature after returning from a brief hiatus. Bolick was appointed by the Maricopa County Board of Supervisors in July 2023, when then-State Senator Steve Kaiser surprisingly resigned from his office. The Phoenix-area mother of two had previously served for two terms in the Arizona House of Representatives (2019-2023).

After leaving the legislature in January 2023, Bolick turned her eyes to other priorities. In an exclusive interview with AZ Free News, Senator Bolick revealed that she and her husband were preparing to sell their house in order to downsize, being that their two children are on the cusp of setting out on their own. Additionally, Bolick and her husband Clint (an Arizona Supreme Court Justice) had started the process of setting a heavy travel schedule over the next two years at the time of her exit from politics.

In fact, the Bolicks were abroad when the call came for Shawnna’s return to the Arizona Legislature, and unsurprising to most around her, she couldn’t resist the chance to return to public service. She told AZ Free News that she was in London when the opportunity first arose for a possible appointment to the state senate, which was created by Kaiser’s vacancy. Then, she was in Prague when the Maricopa County Board of Supervisors selected her for the position. That’s when Bolick’s travel wings were temporarily clipped thanks to her commitment to the challenging schedule of legislating and campaigning for re-election.

Senator Bolick told AZ Free News that she desired to return to the frontlines of this toxic political climate because “we are facing challenging times fighting Biden’s inflationary policies at the national level and Hobbs’ woke policies are driving a stake between families and a growing nanny government.” She added, “When I was recruited back, it was to help maintain our majority and save educational freedom.”

The Republican legislator shared that she has been most influenced by William Bennett as she grew up and started down her path of public service. At age nineteen, Bolick read Bennett’s book, “The Devaluing of America: The Fight for Our Culture and Children.” She said that the book “truly called out to me and shifted my interests from wanting to be a writer to restoring hope in our education system,” and that Bennett’s words “also challenged me to want to go to D.C. and work.”

Later, Bolick studied education policy in college and graduate school. She worked in a New York City public school in 1997. It was there she realized the necessity of more school choice opportunities for everyone – especially for low-income families.

Few people are more passionate about school choice and educational freedom in Arizona than Shawnna Bolick. She noted that “When families realize they have more than one educational option available, not only does it give them hope for a better future for their kids, but families feel empowered to try to make the right decision.”

She recounted a time in New York City, when she and some colleagues went to all five boroughs to recruit families trapped in their nearby public schools to their magnet institution. The public-school employees went to fast food restaurants and street corners to inform New Yorkers about the school’s existence. Thinking back about this experience, Bolick marvels at her coalition’s willingness to “spend their free time recruiting families to a public school because it was an option other than their locally zoned neighborhood public school.”

Bolick pointed out that many of the parents they met on these incursions could not afford to send their children to private school – even though they might have been working multiple jobs. These lessons and meetings spurred Bolick on to her life in public service out west, advancing the principles of educational opportunities for all.

Back in the Arizona Legislature this time around, Senator Bolick serves as the Vice Chairman of the Senate Finance and Commerce Committee and a member of the Education Committee.

When thinking back over her time in the legislature over the past two years, Bolick highlighted a ballot referral as her proudest achievement, saying, “I sponsored Proposition 313 to put child sex traffickers in prison for natural life. If the voters pass this proposition in November, it will send a powerful message that Arizona’s children are not for sale. With a wide open border, I hope voters agree it is time to protect our children from sexual exploitation through trafficking.”

If Bolick is given the honor of representing her district again in the state senate, she is already planning the next policies she would prioritize in office. She said she has “an expandable folder sitting on my desk at the Capitol [where she] started to keep newspaper articles, policy papers, but more importantly, constituents who contacted me to research and draft future legislation.” One of the legislation ideas she is working through is “to deal with the bullying in our schools.” Bolick acknowledged that “we need to get to the root of the problem because bullying continues to get worse, leading to kids missing weeks of school.”

Arizona Legislative District 2 is one of the most competitive in the state, with a 3.8% vote spread in the past nine statewide elections. It is very winnable for Republicans, however, as the party has emerged victorious in six out of those nine elections.

Bolick is competing against Josh Barnett in the Republican primary. The winner of that contest will earn the right to face off against Judy Schwiebert, who is running unopposed in the Democrat primary election.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.