Arizona Superintendent of Public Instruction Tom Horne issued a statement of support for a lawsuit challenging Attorney General Kris Mayes’ restrictions on the state’s school choice program.
Horne said that he maintains concerns that Mayes will demand the return of Empowerment Scholarship Account (ESA) funds from families based on her interpretation of the laws governing allowable expenses.
In July, Mayes advised the Arizona Department of Education (ADE) that, per her interpretation of the law, parents should no longer be reimbursed for supplementary educational materials not expressly outlined in curriculum.
Though Mayes acknowledged that the statute on which she based her interpretation didn’t offer a definition of “supplemental materials,” she argued in her letter to Associate Superintendent John Ward that the State Board of Education’s definition of the term should apply: “relevant materials directly related to the course of study for which they are being used that introduce content and instructional strategies or that enhance, complement, enrich, extend or support the curriculum.”
Mayes’ application of this definition requires explicit mention of all supplies required within a curriculum: even things like pencils and erasers. The ADE handbook doesn’t require documentation of items “generally known to be educational” in their purpose, such as pencils and erasers.
The attorney general directed Ward to provide documentation of total supplementary material expenditure from 2019 to present, as well as funds spent on curriculum materials without curriculum documentation and approved textbooks lacking proof of requirement by a qualified school or eligible postsecondary institution.
In response to Mayes’ directive, the Goldwater Institute sued on behalf of ESA mothers Velia Aguirre and Rosemary McAtee. The two mothers homeschool their children: Aguirre homeschools all three of her children, while McAtee homeschools seven of her nine children.
In their argument, the Goldwater Institute argued that Mayes’ directive was not only in violation of the law, it was a jeopardy to the existing backlog of tens of thousands of purchase orders — an issue that would inherently impact the education of many children relying on those ESA funds.
The Goldwater Institute also pointed out in a press release that not even public and private school curriculums necessarily list supplementary items such as pencils and erasers.
In a statement, Horne expressed hope that the Goldwater Institute would prevail in its lawsuit.
“The Department of Education concedes the argument of the Goldwater Institute. When this issue first arose in July, my concern was that the Attorney General could force Empowerment Scholarship Account holders to return funds if they did not comply with her office’s interpretation of the law. This lawsuit will settle the issue in court and my sincere hope is that the arguments made by Goldwater will prevail.”
Horne had issued an anticipatory show of support for a hypothetical lawsuit from the Goldwater Institute in a response on the ADE page for ESAs immediately following Mayes’ letter. Horne clarified that a prior court decision bound ADE from having the standing to file lawsuits.
The superintendent said that he doesn’t agree with Mayes’ interpretation that supplementary materials are required to be tied to curriculum. However, Horne said that Mayes’ directive was one his department advised him that he couldn’t challenge and win.
As of Monday, over 78,600 students were enrolled in the ESA Program.
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Arizona Department of Education (ADE) Superintendent Tom Horne demanded an explanation from a prominent anti-school choice leader after her remarks defending males in female bathrooms and locker rooms.
Save Our Schools Arizona Director Beth Lewis criticized three of Horne’s guests for opposing males in female spaces. Lewis questioned why gender mattered in terms of intimate and traditionally gendered public spaces.
“Why do Tom Horne and these Grandmas care who my kids are sharing a bathroom with?” posted Lewis. “My kids and their peers accept each other — gay, straight, lesbian, trans, bi, they don’t care!”
Horne released a statement on Thursday challenging Lewis over her remarks. The superintendent said Lewis’ position was reckless and jeopardized the safety of children.
“These changes to Title IX regulations are outrageous since they allow biological boys to expose themselves to girls in bathrooms and locker rooms and invade the girls’ privacy,” stated Horne. “They will also cause unbelievable management challenges for campus administrators, teachers and coaches that will make their jobs much more difficult.”
Horne blasts "Save Our Schools" leader for supporting biological boys using girls' locker rooms and showers Social media post reveals stance For immediate release: August 15, 2024 pic.twitter.com/DnADNSDav9
— Arizona Department of Education (@azedschools) August 15, 2024
The Biden administration modified Title IX regulations to redefine the term “sex” to include “gender identity” back in April. The change impacts access to gendered programs, activities, or spaces, which extends not only to bathrooms and locker rooms but sports teams as well.
Louisiana has challenged this change by the Department of Education in court. Last month, the Fifth Circuit and Sixth Circuit Courts of Appeals rejected the Biden administration’s requests to undo separate injunctions against their Title IX changes, stemming from challenges by the states of Kentucky and Louisiana. On Friday, the U.S. Supreme Court upheld the injunctions.
Horne reflected on findings within the courts, specifically in the Louisiana case which presented evidence of a pattern of males attacking females in public restrooms.
“The courts see the tragedies that have already occurred because of policies such as the new Title IX regulations,” said Horne. “Beth Lewis and SOS have no excuse for not understanding that as well.”
Lewis responded to the statement by characterizing opposition to males in female bathrooms as “hateful rhetoric,” and deriding Horne as “a weirdo who is publicly obsessing over kids’ genitals.”
Supt. Horne is again using his state agency handle to (weakly) attempt to troll me for standing up against his hateful rhetoric 😂 I’ll say it again — @RealTomHorne is a weirdo who is publicly obsessing over kids’ genitals 💁🏻♀️ https://t.co/bf0emvwpSBpic.twitter.com/GnHMvQlssX
Prior to directing Save Our Schools Arizona, Lewis taught elementary and middle school students for over a decade.
Save Our Schools Arizona is a public schools advocacy organization with much of its focus on opposing the state’s school choice program. As the fight over gender ideology ramped up in recent years, their organization also took on advocacy in favor of LGBTQ+-friendly legislation.
In this past session, the organization opposed a requirement for students and adults to restrict access to school bathrooms, changing facilities, and any sleeping quarters in accordance with biological gender, as opposed to gender identity (the mental belief behind transgenderism).
Save Our Schools Arizona also regularly backs Democratic candidates, most recently applauding the naming of Minnesota Governor Tim Walz as Kamala Harris’ vice presidential pick.
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Arizona has approximately $29 million in unused federal funds for schools, which Arizona Department of Education (ADE) Superintendent Tom Horne seeks to recover.
The U.S. Department of Education (ED) notified Horne of the unused millions last week. The $29 million in Title I funds were underutilized during the administration of Horne’s predecessor, Kathy Hoffman. This was reportedly the first notification of its kind submitted by ED to the state under Horne’s administration.
In a press release on Monday, Horne blamed the underutilization on incompetence.
“The under-utilization of about $29 million in federal funds began in Federal Fiscal Year 2020, but continued under the previous superintendent and the employee who incompetently handed these allocations no longer works at this department,” said Horne.
Horne rejected allegations by Governor Katie Hobbs that he was at fault for the mismanagement of these millions, which fell under his predecessor’s control.
“These dollars should have been sent to districts and charters years ago during the Hoffman administration, but they were allowed by previous staff to accumulate and potentially revert,” said Horne. “In reality she is asking to investigate Kathy Hoffman’s administration, but the problem is being corrected by my administration.”
Horne had clarified in a press release last week, responding to reporting by The Arizona Republic, that it was specifically one employee within Hoffman’s administration that was to blame. Horne claimed that the individual gave incorrect allocation totals to schools. Horne didn’t name that employee.
“The mishandling and failure to notify districts of correct allocations with time for them to properly plan and spend the money resulted from an error by an employee of my predecessor before I took office,” said Horne. “This person told the schools they had smaller allocations than they had. We were constantly on the phone urging districts to spend as much of the money properly as they could.”
The superintendent noted that the Arizona Republic was aware that oversight of the funds fell under Hoffman, but that they had “dishonestly withheld” that information from their reporting. Horne also demanded a retraction of their “false” reporting.
“The story is false, and the reporter responsible for writing it dishonestly and, apparently with intent, withheld information given to him in advance of the story that clearly shows the story is false,” said Horne. “This is unacceptable and cannot stand.”
KJZZ identified the former staffer as a current employee of the Pima County School Superintendent’s Office.
One member of that office, Peter Laing, their CFO, served as Hoffman’s policy advisor and oversaw the various federal funding programs during the pandemic.
Hoffman, in turn, told the Arizona Republic that Horne was to blame for not recognizing the missteps of her administration upon taking over.
“It was their choice to bring in their own leadership, so those people needed to figure out all the grant funding. It’s as simple as that,” said Hoffman.
On Monday, in response to the contested Arizona Republic reporting, Hobbs and six Democratic state representatives demanded the convening of a Joint Legislative Audit Committee to audit Horne and ADE over the Title I funds.
In a press release, Hobbs said Horne was to blame for the disappearance of the majority of those millions, around $24 million, which the governor deemed as lost.
“It is unconscionable that Superintendent Horne has let tens of millions of dollars disappear from our schools—critical federal funding that helps students succeed,” said Hobbs. “Our kids deserve better.”
An accompanying letter from the six Democratic lawmakers — Nancy Gutierrez, Lupe Contreras, Oscar De Los Santos, Melody Hernandez, Jennifer Pawlik, and Judy Schwiebert — argued against ADE’s refusal, per department policy, to release its data and formulas determining reduced Title I allocations.
The lawmakers alleged that it was current ADE practices that withheld federal funding from schools.
“School finance officers across the state have tried and failed to recreate the reductions generated by the Department, leading to confusion and doubt regarding the accuracy of those calculations,” stated the lawmakers.
In order to recoup the $29 million, ADE must apply for a Tydings waiver allowing excess funds accrued due to underallocations beginning with the 2020 fiscal year. Approval of the waiver will increase funding to districts and charters, per ADE.
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Low-income Arizona families can get some relief this summer on their grocery bill, thanks to a federal program organized by the state.
The Arizona Department of Education (ADE) and Department of Economic Security (DES) are offering a federal summer grocery benefits program, “SUN Bucks,” to provide grocery money to low-income households.
These households may receive $120 per eligible child to purchase groceries.
DES began distributing funds earlier this week to nearly 288,000 children according to a press release. These children were receiving Nutrition and/or Cash Assistance benefits.
The agencies estimate about 600,000 children will benefit from SUN Bucks this summer. Superintendent of Public Instruction Tom Horne said that the department wanted to ensure continued health and development of students over the summer.
“We are working with the USDA and DES to bring this federal grocery benefits program to Arizona, which is projected to provide additional assistance to over 600,000 students who might not otherwise have the meals they need this summer,” said Horne.
SUN Bucks may be used at an in-person or online store that accepts Supplemental Nutrition Assistance Program (SNAP) benefits. These funds must be used within 122 days from the day the benefits are added to the account. Lost or stolen benefits can’t be replaced.
SUN Bucks may be used for fruits and vegetables; meat, poultry, and fish; dairy products; breads and cereals; snack foods and non-alcoholic drinks. They may not be used for hot foods, pet foods, cleaning or household supplies, personal hygiene items, or medicine.
Eligible families include those participating in the National School Lunch, Breakfast, or Head Start Programs; those who are eligible to receive free or reduced lunches; and those who have received Nutrition, Cash and/or Medical Assistance from July 1, 2023 to July 1, 2024, may receive SUN Bucks assistance. Medical Assistance recipients must be below 185 percent of the federal poverty level.
Those children not enrolled in a National School Lunch Program participating school must be 6 to 16 years of age between last July and the end of this June, and have participated in one of the following: Supplemental Nutrition Assistance Program, Temporary Assistance for Needy Families, Medicaid assistance with a reported household income at or below 185 percent of the federal poverty level, Migrant Education Program, and foster child.
SUN Bucks go onto the same Electronic Benefit Transfer (EBT) cards where families normally receive their other benefits. Those families without an EBT card will receive a new one next month.
ADE also plans to launch a new application for families to submit a free or reduced-price meal application or alternative income form with their child’s eligible school, which must be on the National School Lunch Program roster.
For further questions, the SUN Bucks hotline is 833-648-4406.
SUN Bucks, through the USDA’s Summer Nutrition Programs for Kids, are also offered in conjunction with SUN Meals from local meal sites or SUN Meals To-Go. SUN Meals are available to children aged 18 and under with no application or other information needed.
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The Arizona Department of Education (ADE) warned schools that not teaching the English language to migrant students violates state law.
In a press release issued Monday, ADE Superintendent Tom Horne further warned that schools neglecting to teach the English language to migrant students, classified as English Language Learners (ELLs), were at risk of losing funding. A 50-50 dual language immersion model used in some schools, commonly referred to as “dual language” classes, prompted the ADE declaration.
The Arizona Legislative Council (ALC) clarified in a memo to State Sen. Sonny Borrelli (R-LD-30) that ELL students must learn class subjects in the English language.
“If the 50-50 dual language immersion model allows students to be taught subject matter in a language other than English as part of structured English immersion, the model likely violates Proposition 203,” wrote the ALC.
If not, schools stand to lose ELL funds. Any elected school officials or administrators responsible for the violation are also liable to a lawsuit, and could face removal from office and a bar from running again for five years.
State law established by the voter-led Proposition 203, passed in 2000, requires ELL students to be taught English, be placed in English language classrooms, and be educated through a sheltered English immersion environment for at most a year. State law clarifies that no subject matter may be taught in any language other than English within the immersion environment.
The 50-50 dual language immersion model, however, teaches students in languages other than English half the time during the immersion period. As ALC noted, this structure wouldn’t satisfy the statutory requirement for structured English immersion.
“That definition prohibits any subject matter from being taught ‘in any language other than English,’ and the model clearly allows for some subject matter to be taught in a language other than English,” stated the ALC.
Horne said that during his first stint as superintendent 20 years ago, English proficiency increased from four percent to 29 percent within one year. According to Horne, Prop 203 wasn’t enforced throughout the first few years of its existence.
“When I started my first term as state Superintendent of Schools in 2003, the initiative was unenforced, and bilingual education was a method of teaching in Arizona schools. As a result, a pathetic 4% of students became proficient in English in one year. At that rate, almost none would ever become proficient, and they would fail in the economy,” stated Horne. “We implemented structured English immersion, combined with intensive classes, on how to teach English immersion. The rate of proficiency in English within one year went up to 29%. At that rate within three or four years, almost everyone would become proficient in English.”
Horne claimed that “ideologically motivated” professors favoring bilingual education stood opposed to real-world data, and resisted his attempt to impose Prop 203 initially.
“When we taught these classes, a number of teachers arrived hostile, because of ideology,” said Horne. “But by the end, our structured English immersion teachers were getting standing ovations and very high evaluations.”
Horne clarified that this restriction on dual language only applies to students prior to their attaining proficiency in English. After that, students may engage in dual language programs.
“The data shows that structured English immersion is the best way to achieve this, and the law requires it,” said Horne.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
