An interjection by Arizona’s Democrat Attorney General Kris Mayes has led to the AG and Superintendent of Public Instruction Tom Horne trading rhetorical fire after Phoenix’s Kyrene School District voted to adopt a “Staff Social Emotional Wellness Policy.” That policy appears to run afoul of guidance from the U.S. Department of Education, risking the withholding of $1.5 million in federal funding.
In a statement reported by The Center Square, Mayes said that Horne has no legal basis for what she described as him threatening the districts.
“Rather than do his job and ensure that funds appropriated by Congress and the Legislature reach Arizona schools — as the law requires — Superintendent Horne is choosing to engage in ideological nonsense at the expense of students and teachers,” she said.
She added that the districts should, “ignore baseless, politicized threats from the State Superintendent’s office, which has no legitimate role whatsoever in blocking the distribution of these federal funds.”
In a post to X, Horne stated: “On DEI, AG Mayes is wrong and risks $770 million Ignoring federal guidance is not optional.”
Horne: On DEI, AG Mayes is wrong and risks $770 million Ignoring federal guidance is not optional
For immediate press release: April 17, 2025 Contact: Communications@azed.gov https://t.co/LcEuSYOLdL
— Arizona Department of Education (@azedschools) April 17, 2025
In a stern response to Mayes, Horne issued a statement, “I spent four years as Attorney General, and I follow the law strictly. The Arizona Department of Education has been responsible for distributing both federal and state education dollars to the schools for many decades and we must do so in accordance with the law. The U.S. Department of Education has issued guidance that requires my department to certify that all public districts and charters that take federal money use those funds according to that guidance, and that cannot be ignored. If I did, we would risk losing nearly $770 million in total federal funding to all public schools. That is obviously unacceptable, but the Attorney General is either unconcerned or unaware of that catastrophic scenario.”
The Arizona Department of Education (AZED) said in a press release, “Attorney General Kris Mayes is wrong in claiming that the Arizona Department of Education has no legal authority to withhold federal funds to districts and charters that fail to comply with new guidance regarding Diversity Equity and Inclusion programs, according to Superintendent Tom Horne.”
The department added that on April 3rd and again on April 9th, AZED through its Grants Management System, issued notice to all public districts and charters in Arizona on the guidance from the U.S. Department of Education (DOE) and an attestation that the guidance will be followed.
“Under the guidance, districts and charters have until April 24th to certify compliance. Failure to do so will require the state – as the fiscal agent – to put a hold on federal dollars. To date, approximately 350 districts and charters out of 658 have certified compliance.”
The guidance from the DOE is as follows:
“Given the text of Title VI and the assurances you have already given, any violation of Title VI—including the use of Diversity, Equity, & Inclusion (“DEI”) programs to advantage one’s race over another—is impermissible. The use of certain DEI practices can violate federal law. The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences, including:
l . The use of the provisions of 42 U.S.C. 2000d-l to seek the ‘termination of or refusal to grant or to continue assistance under such program,’ eliminating federal funding for any SEA, LEA, or educational institution that engages in such conduct. [1]”
The leader of the Chandler Unified School District (CUSD) governing board declines to participate in the Pledge of Allegiance, worrying some CUSD families over the implications.
A video obtained by board meeting attendees shows CUSD Board President Patti Serrano exercising her First Amendment right by standing with her hand over her heart and refusing to recite the Pledge of Allegiance.
Many of those who protest the patriotic recited verse are usually in protest of the current state of the country or the very existence and idea of America.
The Pledge of Allegiance represents a citizen’s oath of loyalty to the American flag and the republic it symbolizes, defined as an indivisible “one nation under God” that affords liberty and justice for all its citizens.
AZ Free News contacted Serrano about her refusal to participate in the Pledge of Allegiance. We did not receive a response.
Last month, a CUSD community member asked Serrano about her refusal to participate. Serrano said she would not respond publicly about her reason for not reciting the Pledge of Allegiance, since it was not an agenda item for that meeting.
“I won’t participate in any discussion at this time,” said Serrano. “Public comment is not a time for engagement, and I’m more than happy to reach out to you personally.”
Serrano’s refusal to participate in the Pledge of Allegiance aligns with her other progressive values: legalizing abortion, increasing gun control, advancing LGBTQ+ ideologies in minors, and supporting Islamic terrorist groups aligned with Palestine.
When Serrano took her oath of office for the board in 2023, she swore on the book, “Life is a Banquet,” rather than the Bible. The book, written by Arizona State University (ASU) professor and Drag Story Hour Arizona founder David Boyles, describes the sexual experiences and explicit fantasies of a fictional minor male who goes on to reject the values of his conservative, Christian parents and adopt the progressive ideologies of ASU students.
Boyles likened Serrano taking her oath of office on his book to the Biblical account in which God commanded Abraham to sacrifice his son Isaac.
Also in 2023, Serrano helped organize the appearance of Democratic Michigan Congresswoman Rashida Tlaib for an ASU protest in the weeks following the Hamas terrorist attack on Israel. Tlaib has advocated for the eradication of Israel from the land. Serrano organized the event as the southwest regional coordinator for the Progressive Democrats of America.
Following Serrano’s role in the Tlaib affair, CUSD families called for Serrano’s resignation. Their call to action was dwarfed by the appearance of around 150 supporters from inside and outside the district at a board meeting, mobilized by former CUSD board member Lindsay Love. Love was also one to inspire controversy during her time on the board for publicizing political views similar to those held by Serrano. Love left the board after one term, citing tensions with the CUSD community as her reason for not seeking reelection.
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Arizona has officially become the first state in the nation to ban ultra-processed foods in public schools. Governor Katie Hobbs signed HB 2164, also known as the Arizona Healthy Schools Act, into law this week after it passed both chambers of the legislature with overwhelming bipartisan support.
The law will take effect in the 2026–2027 school year and applies to all schools that participate in federally funded or assisted meal programs. It prohibits schools from serving, selling, or allowing third-party vendors to offer ultra-processed foods during the normal school day.
Ultra-processed foods are defined under the law as any food or beverage containing one or more of 11 specific additives, including potassium bromate, titanium dioxide, propylparaben, brominated vegetable oil, and synthetic dyes such as red dye 40, yellow dye 5, and blue dye 1. These ingredients have faced mounting scrutiny due to potential links to behavioral issues, allergic reactions, and even cancer risks.
Importantly, the law does not restrict what parents or guardians may provide for their own children. However, it places full responsibility on schools to eliminate the sale or provision of these additives through lunches, vending machines, snack bars, and school stores during the school day.
State Representative Leo Biasiucci (R-LD30), a leading sponsor of the bill, celebrated the signing in a post on X: “My bill, HB2164: banning of ultra processed foods in school meals, was just signed into law in Arizona!”
Breaking News! My bill, HB2164: banning of ultra processed foods in school meals, was just signed into law in Arizona! #MAHApic.twitter.com/s2kVcMCUGc
Under the new law, the Arizona Department of Education (ADE) is tasked with implementing a compliance system. This includes publishing a standardized form for schools to certify adherence and posting a public list of compliant schools on the ADE website.
Arizona schools are already required to meet federal guidelines on school meals through the National School Lunch and School Breakfast Programs. These standards limit calories, sodium, unhealthy fats, and mandate the inclusion of fruits, vegetables, and whole grains. HB 2164 builds on those efforts by targeting a set of food additives that are not currently prohibited by federal rules.
The Joint Legislative Budget Committee noted that the administrative impact of the law on ADE would be minimal and can be handled by existing staff. With the law now on the books, Arizona is poised to become a national leader in school nutrition policy—placing children’s health and safety at the center of its education system.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
Arizona Superintendent of Public Instruction Tom Horne issued a stern warning to Arizona school districts late last week. The warning came after Phoenix’s Kyrene School District voted to adopt a policy that further embeds Diversity, Equity, and Inclusion (DEI) into the district’s day-to-day operations in defiance of policy guidance issued by President Donald Trump.
Horne warned, “Kyrene and any district or charter that is not taking the federal DEI guidance will lose their federal dollars. The U.S. Department of Education has been abundantly clear with its most recent guidance against the use of DEI language in schools. Federal law and the 14th amendment to the U.S. Constitution are clear that no person shall be discriminated because of race, skin color or ethnicity, and this guidance aligns completely with my philosophy. By contrast, the use of DEI programs does just the opposite and promotes racial discrimination. Schools ignore the federal guidance at their own peril. This is not an empty threat, and districts and charter schools need to treat it seriously.”
In its meeting on April 8th, the Kyrene School District voted unanimously to defy policy guidance from both the U.S. Department of Education (DOE) and the Arizona Department of Education (AZDOE). The move will cause the district to lose access to over $1.5 million in federal funding in favor of its “Staff Social Emotional Wellness Policy” in which it purports to “provide welcoming, inclusive learning environments in which every student is honored, valued, and feels a strong sense of belonging and purpose.”
Guidance from the DOE issued in February explicitly states that, “Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding.” It noted that “DEI programs, for example, frequently preference certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not. Such programs stigmatize students who belong to particular racial groups based on crude racial stereotypes. Consequently, they deny students the ability to participate fully in the life of a school.”
The federal policy explains, “Although some programs may appear neutral on their face, a closer look reveals that they are, in fact, motivated by racial considerations. And race-based decision-making, no matter the form, remains impermissible.” The DOE also cited the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard, which ruled that “[c]lassifying and assigning students based on their race” is an unlawful practice unless it satisfies a firm legal standard of ‘strict scrutiny,’ under two narrowly tailored instances:
(1) remediating specific, identified instances of past discrimination that violated the Constitution or a statute;
(2) avoiding imminent and serious risks to human safety in prisons, such as a race riot.”
The high court added, “An individual’s race may never be used against him” and “may not operate as a stereotype,” used to justify government polices.
In his remarks, Horne concluded, “The most interesting philosophical divide in our country right now is between those like me who believe in individual merit, and those who want to substitute racial entitlement. DEI is all about racial entitlement. The problem with racial entitlement is that it does nothing to promote hard work, conscientiousness, or creativity. If those advocating for it succeed in having it replace individual merit, we will become a mediocre, third world country. China will become the dominant power.”
Earlier this month, Horne signed an attestation letter to the DOE stating that “Arizona will not have anything to do with race-based programs, DEI, etc.”
Horne shared a handwritten missive to Secretary McMahon from the margins of the letter that AZDOE called “uplifting” which stated, “Sec. McMahon- Thank you for fighting for our Constitution and laws!”
A bill designed to direct more tax revenue toward Arizona’s K-12 classrooms has been vetoed by Governor Katie Hobbs, prompting criticism from Republican lawmakers who say the measure would have strengthened public education funding.
SB 1050, sponsored by Senator Vince Leach (R-LD17), sought to amend the Government Property Lease Excise Tax (GPLET) program by prohibiting the abatement of school district-designated tax revenues. Under current law, cities and towns can lease government-owned property to private developers with reduced tax obligations, an incentive intended to promote commercial development.
The bill would have excluded school-related tax revenues from such incentives, allowing those funds to flow directly to local school districts instead of being waived under development agreements.
“This was a missed opportunity by the Governor,” said Leach. “She says she supports education funding, but her veto suggests otherwise.”
In her veto letter, Governor Hobbs explained that SB 1050 could “stunt Arizona’s economic development” by weakening a tool used by local governments to attract private investment. The GPLET program, though controversial, has been credited with revitalizing parts of urban Arizona by lowering upfront development costs in exchange for long-term gains.
Arizona schools continue to face funding pressures despite recent increases to the state’s education budget. Republican lawmakers have often pushed for reallocating existing tax revenues, while Democrats have generally sought new funding sources or changes to the state’s tax structure.
SB 1050 passed both legislative chambers before being vetoed, signaling at least some bipartisan concern about the balance between development incentives and education funding.
Senator Leach and other supporters of the bill may pursue similar legislation in future sessions or attempt a veto override, although success would require significant bipartisan support. Meanwhile, the broader debate over how to equitably fund Arizona’s public schools is likely to continue.
“This is about priorities,” Leach said. “We should be making sure our tax dollars are going to classrooms, not corporate subsidies.”
The Governor’s office has not indicated whether alternative proposals to increase school funding through tax reforms are in the works.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
A bill sponsored by Arizona State Representative Leo Biasiucci (R-LD30) HB 2164 to ban several food dyes and toxic chemicals from foods served in Arizona schools passed the Arizona Senate unanimously on Tuesday. At the time, actor-turned-conservative activist Rob Schneider and Secretary of Health and Human Services Robert F. Kennedy, Jr. were visiting the Capitol as part of the ‘Make America Healthy Again’ tour.
Both Kennedy and Schneider joined Biasiucci at the Capitol in Phoenix with the Representative posting to X, “It was honor to have @SecKennedy visit the Arizona Legislature today as my bill to ban toxic food dyes from schools passed 28-0 in the Senate. I look forward to doing whatever I can to help him Make America Healthy Again!”
It was honor to have @SecKennedy visit the Arizona Legislature today as my bill to ban toxic food dyes from schools passed 28-0 in the Senate. I look forward to doing whatever I can to help him Make America Healthy Again! 🇺🇸#MAHA@RobSchneiderpic.twitter.com/E5Jcz2XlXK
If signed into law, the bill would ban foods on school campuses which are deemed to be harmful. When the bill was announced in February, Biasiucci stood beside Senate Majority Leader Janae Shamp (R-LD29) and Superintendent of Public Instruction Tom Horne and explained the ban to include foods found to contain ingredients that scientific studies have found to be harmful to students health, including potassium bromate, propylparaben, titanium dioxide, brominated vegetable oil, yellow dyes 5 and 6, blue dyes 1 and 2, red dyes 3 and 40, and green dye 3.
“Our kids deserve better than artificial dyes and cheap fillers in their lunches. If we’re providing meals at school, they should be real, nutritious food—not the kind of processed junk that’s banned in other countries. This bill puts the health of Arizona’s children first, plain and simple,” Biasiucci said at the time.
Posting to X after the vote Schneider wrote, “Thank YOU to ALL the legislators in Arizona on BOTH sides of the aisle for putting the HEALTH of CHILDREN before partisan politics…”
Thank YOU to ALL the legislators in Arizona on BOTH sides of the aisle for putting the HEALTH of CHILDREN before partisan politics… https://t.co/7KzULtq5jQ
“I would like to first thank the Democrats in the state legislature here for joining Republicans unanimously for doing what’s best for our children,” said Biasiucci. “This is not partisan, this is people, these are our children, these are the most important and precious members of our society, this is our future, this is everything. It really is a testament to this great state that we can get together and do something that is 100% positive for everyone in this state. A lot of kids this will be their only meal of the day… let’s get them the best things.”
During the proceedings, Kennedy told reporters, “It’s happening at the grassroots. People are saying we are not going to take it anymore. We are not going to be mass poisoned.”
Rep. Biasiucci added, “A lot of times you have to sacrifice your language, you have to make edits, make amendments to get it across the finish line. I wanted to get the bill across the finish line, because sometimes you need to have that impact, you need to make that change happen before the conversation continues in the future.”
Kennedy agreed saying, “Believe me, I would like to solve the entire processed food problem, but we’re not going to do that overnight. We’re going to do it in the next four years.”