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.”
Today, we held the Ducey Administration accountable for illegally handing out a $50 million ESA grant. Instead, we're going to put that money to good use.
In my administration, we are committed to ESA accountability, protecting taxpayer dollars, and truly investing in public…
— Governor Katie Hobbs (@GovernorHobbs) May 25, 2023
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.”
Governor Hobbs has just denied thousands of Arizona kids access to kindergarten through this politically driven and belligerent decision.
— Arizona Treasurer Kimberly Yee (@AZTreasurerYee) May 25, 2023
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.”
The real story: Katie Hobbs is kowtowing to her far-left base because other statewide Dems are getting way more publicity than her. 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. https://t.co/fn4jp6SzsN
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.’”
Today, I proudly vetoed SB1001, which was an attack on transgender youth. Instead of coming up with new ways to target and isolate our children, we should be working together to create an Arizona where everyone has the freedom to be who they are without fear of harassment or…
— Governor Katie Hobbs (@GovernorHobbs) May 22, 2023
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.
On Monday, the Biden administration announced that Mohave Valley Elementary School District received over $586,000 for mental health program funding. The funds will pay for up to 22 new positions.
This latest round of funding was part of over $95 million issued across 35 states. In total, the Department of Education (ED) has awarded $286 million to 264 grantees in 48 states for mental health programs.
The funding originated from the Bipartisan Safer Communities Act (BSCA) enacted last June as part of the Biden administration’s National Mental Health Strategy. The BSCA’s primary initial purpose was to reduce gun violence in schools and surrounding communities.
Last September, the Biden administration issued nearly $1 billion through BSCA for more mental health program funding. Arizona received an allocation of over $20.8 million.
The Biden administration also issued $122 billion in American Rescue Plan Act (ARPA) funding to hire more school psychologists, counselors, and mental health professionals in K-12 schools. ED reported that, compared to pre-pandemic staffing numbers, school social workers have increased by 48 percent, school counselors have increased by 10 percent, school nurses have increased 42 percent, and school psychologists have increased 10 percent.
The Biden administration earmarked these funds for “high-need” local education agencies (LEAs), such as those with high rates of poverty as well as high student-to-mental health professional ratio, high rates of chronic absenteeism, exclusionary discipline (e.g. suspension, expulsion, seclusion, or restraint), referrals to the juvenile justice system, bullying or harassment, community and school violence, or substance use. High-need could also include those who experienced a natural or man-made disaster, or a traumatic event.
Buried within the ED guidance on usage of these funds, the agency encouraged a total overhaul of traditional disciplinary practices.
“Rather than focusing on changing behavior through punishment or removal from the learning environment, school leaders should consider adopting practices that will help educators support students by identifying the root cause of the behavior and developing effective strategies to eliminate or mitigate it,” stated ED. “Building a school culture of curiosity and growth mindset that prioritizes solution-based thinking may encourage pro-social behavior.”
Some of the punishment alternatives included “art program, mindfulness, and body movement activities.” ED also suggested that non-violent behavior be met with conflict resolution training and programs rather than exclusionary discipline.
The Biden administration left it up to each state’s education authority to determine what constituted “high need.” However, the administration noted that the state may require LEAs to describe how they promote meaningful cultural and linguistic engagement. ED further noted that school-based violence prevention programs must be “culturally affirming” in addition to supporting positive relationships, resilience, self-control, empathy, and persistence.
“SEAs may also require LEAs to describe their process for meaningful culturally and linguistically centered student, parent, family, educator, staff, and community engagement and evidence of how that engagement informed their school safety and climate plans, related policies, and strategies,” stated ED.
The ED noted that the permitted use of funds wasn’t limited to improving students’ mental health. ED noted that permitted fund usage included educator and school staff surveys, convenings, and educator outreach efforts.
ED also encouraged funds to be used to prevent and address identity-based bullying. The Biden administration now recognizes sexual orientation and gender identity as protected classes under anti-discrimination law.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Mesa Public Schools (MPS) appeared hesitant in a recent governing board meeting to discuss the secretive gender transition plan, which had been in place for years. Most parents were unaware of the plan until recently, which included an opt-out provision allowing the school to keep the plan secret from parents.
Governing board member Rachel Walden attempted to discuss this gender transition plan during Tuesday’s meeting. However, the district lawyer said that discussion of the plan constituted legal advice and would require the board to go into an executive session, out of the public’s view. The form’s promise of secrecy conflicted with Arizona’s parental rights laws.
“There is no other process that involves plans, paperwork for children without parental consent. But this issue can’t even provide parental notification?” asked Walden.
Teachers and Counselors should NOT suggest putting children on a transgender support plan but that is happening. Parents will not be notified. This is the meeting last night. I was prohibited from talking to the district lawyer under "legal advice." pic.twitter.com/qUPWZyCgAa
Walden clarified that, following discovery of the parental notification opt-out provision of the gender transition plan, MPS modified the form to strike the provision.
☝️That form was updated after it was discovered but it's clear there is no process on which the parents are involved
MPS has reportedly had the controversial gender transition plan since 2015. The original form asked students if their parents were aware and/or supportive of their gender transition. If either are answered in the negative, the form asks the student whether they give consent for the school to disclose their “transgender or gender nonconforming status” to their parents.
Arizona law states that parents have “a right to access and review all records relating to the minor child.”
The current version of the MPS gender transition plan looks virtually the same as the prior version, with the exception that parents or guardians will be notified of the plan if the student requests changes to Synergy, the online student information portal.
The MPS plan appears to be based on model documents. Chicago Public Schools issued a gender transition plan document with similar formatting and the same title.
Controversy over the gender transition plan surged last summer, after the district implemented new guidelines for handling transgender students. MPS defended its actions, arguing that their guidelines aligned with federal guidelines.
The guidelines included an assertion that students had the right to be addressed by their preferred names and pronouns, regardless of whether they had their name legally changed. MPS further declared that students should be allowed to use facilities intended for the opposite sex, such as restrooms, locker rooms, shower facilities, and single-sex classes.
Students also aren’t required to provide proof that they underwent any kind of medical treatment for gender transition as a condition of this special treatment.
“A transgender student is not required to provide verification that the student is undergoing or has undergone medical treatment for the purpose of gender transition as a condition for changing a student’s name and/or gender markers in the District’s records,” read the guidelines.
MPS also asserted that students must be allowed to participate in physical education activities and sports in accordance with their gender identity, though they could not compete in teams designated for the opposite sex in accordance with Arizona law.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
