Audit Looks At Challenges For Arizona Veterans’ Homes During Pandemic And Expected Changes To Veteran Population

Audit Looks At Challenges For Arizona Veterans’ Homes During Pandemic And Expected Changes To Veteran Population

By Terri Jo Neff |

The Arizona Department of Veterans’ Services has reported 16 resident deaths among its two State Veterans’ Homes as of March 14 and has corrective deficiencies which led federal regulators to cite both homes, according to a recently issued Arizona Auditor General performance report.

The audit required by the Joint Legislative Audit Committee provides state officials and lawmakers with detailed information about operational matters with the Veterans’ Homes which provide skilled nursing and rehabilitative care for geriatric and chronically ill veterans and their dependent or surviving spouses.

Currently the Department operates a 200-bed facility in Phoenix and a 120-bed facility in Tucson. In addition, construction is underway on two 80-bed homes in Flagstaff and Yuma which could be ready to admit residents in FY2022.

Among the issues auditors reviewed was compliance with state licensing and federal certification requirements. Both the Phoenix and Tucson homes were cited by federal regulators between 2017 and 2019 for health, safety, and quality-of-care deficiencies, but corrective action was taken in response, according to the April 12 report.

“The Phoenix Home was cited for more (Centers for Medicare & Medicaid Services) health deficiencies and the Tucson Home was cited for fewer CMS health deficiencies than State and national averages,” the report states.

For FY2020, the Homes took in about $40.4 million in revenues and had nearly $37.4 million in expenditures. State law requires the facilities to be financially self-sustaining, so the Department will rely on the Homes’ Trust Fund’s current $30.3 million balance to cover the initial operating costs of the new Veterans’ Homes in Flagstaff and Yuma once those facilities open.

The U.S. Department of Veterans Affairs (VA) provided 65 percent of the construction costs for the new homes.

The audit report also addresses the ongoing discussion about adding new Homes and other long-term care options for Arizona’s veterans, and where such facilities might be located. But auditors noted VA projects Arizona’s veteran population to decline significantly in the next 25 years.

“Arizona’s population of veterans age 65 years and older is projected to decline about 47 percent from approximately 255,000 veterans in 2020 to 136,000 veterans in 2045,” the report notes.

In addition, many veterans and their families are interested in shifting toward more cost-effective, home-based or community-based services rather than centralized nursing homes in large cities.

“Research on long-term care services we reviewed indicates that older people prefer home- and community-based services, including assisted living, more than nursing home care and that nursing home use is gradually declining in the country,” the report states. “The VA has also stated its goal is to keep veterans in their homes, if that is their desire.”

Challenges brought on by the COVID-19 pandemic were also addressed in the audit report, which notes that screening procedures, restricted visitor access, and routine staff testing were implemented at both homes, as were resident vaccination protocols.

In addition to the 16 resident deaths reported, 70 of the 190 residents across the two homes and 97 of 306 staff members were reported to the Arizona Department of Health Services as COVID-19 “cases” as of March 14.

The audit also found 159 residents across the two homes received at least one vaccination dose as of March 26, while only 190 of the 306 staff members had begun the vaccination regime.

Arizona Legislature Approves Teacher Lunches During School Events – But Only If They Meet School Nutrition Guidelines

Arizona Legislature Approves Teacher Lunches During School Events – But Only If They Meet School Nutrition Guidelines

By Corinne Murdock |

The Arizona legislature has voted to allow schools to feed teachers during school events – but only if they use Arizona Department of Education (ADE) nutritional guidelines. That means that teacher meals will be constrained to the five food group components of meat/meat based alternatives, grains, vegetables, fruit, and fluid milk.

One of the nutritional standards is zero grams of trans fat. That would nix out fried foods, like doughnuts, and certain baked goods like biscuits or crackers. Further, there are limits on the types of desserts made available. Any grain-based desserts can only be offered at a rate of 2.0 oz/eq of grain a week.

More leeway exists with the USDA guidelines for “Smart Snacks” – those food or drink items sold elsewhere, like through vending machines. It is unclear if the bill will allow schools to provide meals to teachers with foods or drinks that would qualify as “smart snack” items – such as candy or sodas. The “smart snacks” are technically considered “competitive” foods to meals provided through the school.

No analysis of the estimated fiscal impact accompanied the bill.

The Senate passed the bill enabling school boards to provide food and drinks during district events on Tuesday. The bill also clarified that boards acting under this legal authority would be subject to the Arizona Gift Clause.

State Representative Daniel Hernandez (D-Tucson) is the sponsor on the bill. The House Education Committee recommended the bill for passage quickly.

“Statutes don’t explicitly allow school districts to be able to provide food for teacher trainings, board meetings, [etcetera,]” explained Hernandez, in brief.

No further questions were asked of the bill.

Only six House members voted against the bill, all Republican. State Representatives Walter Blackman (R-Snowflake), John Fillmore (R-Apache Junction), Gail Griffin (R-Hereford), Jacqueline Parker (R-Mesa), Judy Burges (R-Prescott), Travis Grantham (R-Gilbert), Jake Hoffman (R-Queen Creek), Bret Roberts (R-Maricopa), and Joseph Chaplik (R-Scottsdale) voted no.

An amendment to the bill, introduced by Hernandez in February, deleted the provision that would’ve enabled school boards to provide food and drinks via a cafe open to the public. Another amendment to the bill was what added the stipulation that these food and drink provisions would be subject to the Arizona Gift Clause, added by the Senate Education Committee.

The Senate passed along the bill quickly without discussion. Six senators voted against the bill, all Republicans again – State Senators Nancy Barto (R-Phoenix), David Livingston (R-Peoria), Kelly Townsend (R-Mesa), Michelle Ugenti-Rita (R-Scottsdale), Sine Kerr (R-Buckeye), and Warren Petersen (R-Gilbert).

The bill will now head to the governor’s desk for approval.

Corinne Murdock is a contributing reporter for AZ Free News. In her free time, she works on her books and podcasts. Follow her on Twitter, @CorinneMurdock or email tips to corinnejournalist@gmail.com.

Arizona Teachers Round Up for Lessons on Advancing Critical Race Theory Again

Arizona Teachers Round Up for Lessons on Advancing Critical Race Theory Again

By Corinne Murdock |

2021 marks the seventh year of The Equity Event, an annual speaker series for teachers hosted by the Arizona School Boards Association (ASBA). This event serves as a touchstone for Diversity, Equity, and Inclusion (DEI) initiatives enshrined in school policies statewide.

ASBA characterizes itself as a nonpartisan nonprofit organization that offers training and leadership assistance to public school governing boards.

According to The Equity Event save the date published by ASBA, this year’s Equity Event will have a special focus on culture, race, and ethnicity.

Following the clarifying statement of this year’s focus, the ASBA site insinuated in the following paragraph that the gaps in opportunities and outcomes across school districts might have to do with equity concerning culture, race, and ethnicity.

“Every school district has gaps in opportunity and outcomes,” wrote ASBA. “What are the barriers preventing your district from closing them so that every student can reach their full potential? How can you and your board overcome them?”

The event description continued on to say that past series have uncovered the realities that adversely impact students, such as family income, physical ability, or immigration status. ASBA then stated that culture, race, and ethnicity are related to each of these realities.

Then, ASBA says that race should be focused on more intensely. The association encouraged attendees to become aware of barriers or biases that they aren’t aware existed in themselves.

ASBA has three keynote speakers lined up this year. Calvin Terrell, known for his Ted Talk that advances a kind of secular humanism; Dr. Jennifer Harvey, gay reverend and proponent of antiracism and critical race theory; and Bill de la Cruz, an all-around advocate for racial awareness and diversity, equity, and inclusion initiatives.

A pre-conference to The Equity Event on April 21 will include scheduled appearances from a similar string of guests focused on the Latino and Latina communities in the state.

Guest speakers will be Arizona Poet Laureate Alberto Rios; Executive Director of ALL in Education, Stephanie Parra; President & CEO of Arizona Hispanic Chamber of Commerce, Monica Villalobos; University of Arizona Ph.D. Associate Dean for Community Engagement, College of Social & Behavioral Sciences, Maribel Alvarez; Arizona State University School of Social Work’s Office of Latino Projects Director, Dr. David Becerra; University of Arizona School of Education Educational Policy and Practice Associate Professor, Dr. Nolan Cabrera; Chief Development Officer and Former Valle del Sol Leadership Development Director, Angela Florez; National Association of Latino Elected/Appointed Officials (NALEO) Education Fund Director of Civic Engagement Research, Dorian Caal; and four school board members from across the state, Eva Carrillo Dong, Devin Del Palacio, Monica Trejo, and Tadeo De La Hoya.

One of the guest speakers for the pre-conference, Cabrera, has caused controversy in recent years. His past work within the Tucson Unified School District with Mexican American Studies classes was panned, and in 2019 he accused University of Arizona President Dr. Robert Robbins of not recognizing White Supremacy because Border Patrol agents were visiting a campus career fair.

The rest of the speaker series will focus on equity across all races overall.

The Equity Event will take place virtually from April 22 through the 23. Registration opened March 8, and the deadline to register was Wednesday, April 14.

Corinne Murdock is a contributing reporter for AZ Free News. In her free time, she works on her books and podcasts. Follow her on Twitter, @CorinneMurdock or email tips to corinnejournalist@gmail.com.

Arizona Joins Coalition Calling On Congress To Fund Systems To Expunge Criminal Records

Arizona Joins Coalition Calling On Congress To Fund Systems To Expunge Criminal Records

PHOENIX — Arizona Attorney General Mark Brnovich is spearheading a coalition of 22 attorneys general from mostly blue states calling on Congress to provide federal funds for state systems and technology upgrades needed to expunge criminal justice records.

Brnovich and District of Columbia Attorney General Karl A. Racine are heading up the campaign which includes the attorneys general of Colorado, Delaware, Guam, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.

According to Brnovich, the money could help one-third of U.S. adults clear or expunge records of arrest or conviction.

The attorneys generals cite research which they say shows that automatic record clearing could regain “billions in lost economic activity for eligible people by clearing the way for secondary education, job opportunities, professional licensing, and stable housing. It would also help children and families as 30 million U.S. children—almost one in two kids—have at least one parent with a criminal record.”

The coalition sent a letter to Congress asking for the “investment” necessary to streamline record-sealing processes and make the justice system more cost-effective and more fair.

“An old criminal record shouldn’t be a life sentence, especially for those who have turned their lives around,” said Racine. “Unfortunately, far too many Americans remain cut off from job opportunities, education, and housing long after their arrests or convictions, preventing them from rebuilding their lives and supporting their families. We desperately need to modernize our justice systems. Implementing thoughtful ways to clear records would make the criminal justice system more efficient, more cost-effective, and most importantly, more just, helping expand opportunities for millions of Americans and their families.”

Maricopa College District’s Academic Freedom Pledge And Payout Settles Professor’s Claims

Maricopa College District’s Academic Freedom Pledge And Payout Settles Professor’s Claims

By Terri Jo Neff |

The Maricopa County Community College District’s (MCCCD) decision last month to approve a $155,000 settlement to a Scottsdale Community College professor ensures the district, the college, and staff members will not be sued for how they handled an Islamic student’s complaint against the professor.

Nicholas Damask received the payout in response to an October 2020 notice of claim against college officials who publicly criticized the longtime professor’s curriculum in a World Politics course. A notice of claim is mandated by state law before a lawsuit can be initiated against the state or any political subdivision, including boards, commissions, committees, and districts.

Damask has agreed to not make negative statements about District employees nor how they handled the student’s April 2020 complaint about quiz questions related to terrorism and Islam. His attorney was to receive $30,000 of the settlement, public records show.

In a related matter, a federal lawsuit filed by the student in June 2020 against Damask and the District in an effort to stop the professor from teaching about negative aspects of Islam was dismissed by Judge Susan Brnovich of the U.S. District Court. The lawsuit alleged the professor required students to express agreement with anti-Islam views in order to receive a passing grade.

An appeal of the dismissal is pending at the U.S. Court of Appeals for the Ninth Circuit. The District has until April 23 to file its response and Damask has a May 21 deadline.

Damask’s initial claim against MCCCD sought $500,000 based on his contention that Scottsdale Community College officials placed the professor’s reputation in question by not doing enough to defend him against the student’s allegations. The claim also cited concerns for the safety of Damask and his family stemming from threats stoked by the controversy.

Within days of the student’s complaint -which was fueled by social media attention- the college president publicly apologized for the professor’s conduct, disparaged the quiz questions, and said Damask would issue an apology.  However, MCCCD Interim Chancellor Steven Gonzales contradicted the college president by issuing an apology to Damask.

Gonzales also bemoaned Scottsdale Community College’s “rush to judgment” undertaken without “full consideration for our professor’s right of academic freedom.”

In response to the student’s complaint, Damask argued that the disputed questions dealt specifically with a section of the coursework about terroristic sects within Islam. Similar sects in other religions were also covered in the class, he said.

One outcome of Damask pushing back on how the student’s complaint was handled is that district officials undertook a review of policies and training for how to respond to such matters. That review led to plans to establish a Committee on Academic Freedom.

The settlement also restates that faculty members will have the freedom to choose the materials they use with a course curriculum.

New Reporting Requirements For Use-of-Force Incidents Approved By Legislature

New Reporting Requirements For Use-of-Force Incidents Approved By Legislature

PHOENIX – The state Senate on Wednesday unanimously approved HB 2168, legislation which requires law enforcement agencies in Arizona to collect data on use-of-force incidents involving officers and to report it annually to the Arizona Criminal Justice Commission (ACJC) and the FBI’s National Use of Force Data Collection.

The bill requires ACJC to develop data collection standards and reporting guidelines on use-of-force incidents, and to publicly publish data that was reported during the previous year.

The bill prohibits including any identifying information about a law enforcement officer in the reported use-of-force data.

HB 2168 was passed by the House in February and will now be transmitted to the governor.