On Wednesday, the State House Ways and Means Committee passedlegislation establishing school choice for all parents who choose to use it. The 6-4 approval marks a historic advancement for expansion of the state’s school choice program, Empowerment Scholarship Account (ESA).
The legislation, HB2853, comes from State Representative Ben Toma (R-Peoria) about 11 years after the ESA Program launched.
I just introduced legislation to provide every Arizona child the ability to go to the school of their family’s choice. #HB2853pic.twitter.com/9uoU3UN7GZ
Bipartisanship was far from the committee during discussion of this bill. Democrats insisted that voters in the past rejected universal ESA expansion, that families would spend their ESA dollars frivolously or wastefully, that there weren’t enough regulations on non-public schools, and that public schools would be bled of crucial funds. Republicans insisted that post-pandemic voters support universal school choice, and that parents knew what was best for their children and would choose accordingly.
Toma challenged the idea that Arizona’s public schools were underfunded, something that Democrats like State Representative Kelli Butler (D-Paradise Valley) and Arizona Education Association (AEA) President-elect Marisol Garcia testified. Toma asked for a definitive number that constituted “fully funded.” Garcia suggested that outranking other state’s funding totals would constitute “fully funded.” In response, Toma pointed out that education funding increased by 48 percent during his tenure in the legislature, adding that much of those funds didn’t end up in teacher’s salaries.
State Representative Brenda Barton (R-Payson) concurred with Toma’s assessment, saying that in her 11 years she’s never gotten a hard answer from any public school proponents or officials of what “fully funded” meant for them.
Chairwoman Shawnna Bolick (R-Phoenix) estimated 25,000 students might utilize the ESA program if expanded under HB2853.
“If we’re helping a student get a lifeline, at the end of the day I’ll actually know we’re doing a good job as a legislature,” said Bolick.
Several Democrats insisted that they wanted to see long-term data on ESA students’ performance rates. Toma said there wasn’t a way to issue a fair comparison of those students because a majority of current users had disabilities, and comparing performance across different disabilities wasn’t an “apples to apples” comparison.
"Arizona has really been a leader on school choice …
"Some of our friends on the left are going to make the argument that the government should be the arbiter and the decider of where children go to school — and I respectfully disagree."
State Representative Pamela Powers Hannley (D-Tucson) argued that program effectiveness could still be measured through methods like sheer counts of private and charter school students.
“I think it’s important to know how many students are enrolled across the state because this is state money,” said Powers Hannley.
There are about 1.1 million charter and public school students.
State Representative Mitzi Epstein (D-Chandler) compared private schools to Walmart stores, insinuating that they were a less desirable option that communities were stuck with. Epstein also challenged why taxpayers should have to pay for children to visit the school they desire.
As a rebuttal for worry over potential private waste of public dollars, Toma pointed out the controversy over Buckeye Elementary School District paying its superintendent over $1.7 million in “additional compensation” from 2016 to 2021. Toma doubted that one individual’s misuse of ESA funds would reach that amount. He added that whenever people are involved, misuse is bound to happen.
“There are issues with any sort of system in which human beings are involved,” said Toma. “Fraud [with ESAs], if there is fraud, is less than one percent.”
In an attempt to cite waste of school funds, Butler listed allowable ESA expenditures she found objectionable, such as a bouncy castle and a tonal home gym costing thousands of dollars. Both Bolick and Toma reminded Butler that the Arizona State Board of Education (SBE) and the Arizona Department of Education (ADE) approved the handbook, clarifying further that Superintendent Kathy Hoffman’s office was responsible for writing it.
The two GOP legislators suggested that their Democratic peer take up her grievances with Hoffman.
Bolick also noted that bounce houses are within individualized education plan (IEP) parameters for curriculum-related therapies. Butler said that was besides her point. She went on to claim the state can’t afford to give every special needs child in the state their own bounce house for several hundred dollars — rather, schools should just purchase one for all special needs students. Butler called the tonal home gym “beyond the pale,” at which point Bolick cut her off for “beat[ing] a dead horse.”
Bolick and Butler contended over whether the entirety of Arizona’s 1.1 million charter and private school students would actually use ESAs.
Butler referenced access to ESA funds as “debit cards” repeatedly, to which Toma and Cobb objected. They, along with Bolick, explained to Butler that she was referring to an outdated system. They also contended with Butler’s attempted characterization of ESA funds as “thousands of dollars in a bank account.” At that point, Bolick suggested again to Butler that she seek out instruction from Hoffman about how the ESA Program works currently.
Among those to testify in favor of ESA Program expansion was Jennifer Clark, a mother of five. She explained that ESAs have helped several of her children with special learning needs like dyslexia and disabilities.
Clark further described how the public school system was currently failing her daughter with its stalled processing of her educational needs. She insisted that HB2853’s allowance for outside assessments would expedite solutions for situations like her daughter’s.
“All Arizonan families deserve equitable access to ESAs regardless of their income or zip code,” said Clark.
Drew Anderson, a South Phoenix Democrat and pastor, pointed out that the majority-white crowd protesting with the likes of Save Our Schools against the bill didn’t represent or understand the needs of minority parents — especially those in inner city schools like the Roosevelt School District.
“I don’t see anybody screaming ‘save our schools’ in south Phoenix,” said Anderson. “I hear them screaming ‘save our children.'”
Anderson described how inner-city children in his area, many from the Roosevelt School District, had to do school at McDonalds during the pandemic because they didn’t have internet at home.
The pastor then explained that one of his church members admitted to selling drugs on the side to get his siblings out of public schools. Their mother is deceased, Anderson explained, and one of the man’s younger sisters was attacked by a group of 14-year-old girls at her school.
“He had to find whatever means he could to try to get his brothers and sisters into private schools. He’s putting his freedom on the line to do that,” said Anderson. “Why is it that the rich kids can afford to go to these better schools, but these poorer kids can’t?”
HB2853 would empower parents with access to taxpayer funds already allocated for their students to apply to the schooling of their choice. The bill would appropriate $2.2 million and 26 full-time equivalent positions from the state general fund in 2023 to the ADE.
HB2853 would also enable ESA funds to be used for public transportation; computer hardware; educational technology like calculators, personal computers, laptops, tablets, microscopes, telescopes, and printers; consumable educational supplies like paper, pens, and markers; and additional disability services and education plan costs.
As for enrollment eligibility, the legislation would reduce the number of hours needed for K-12 online students to qualify by about half. It would also require students in grades 3-12 take nationally standardized tests, which may be swapped out for exams chosen by parents or qualified schools. Students with disabilities would be exempted from that examination requirement. Additionally, qualified schools with 50 or more ESA students must issue the aggregate test scores of all enrolled students or all ESA students annually.
Furthermore, the bill would expand the appeal deadline to 15 business days, and allow parents to represent themselves or designate non-attorney representatives in appeals hearings.
If passed as introduced, HB2853 includes a retroactivity clause rendering it effective as of July 1 of this year.
HB2853 angered school choice opponents. They claimed that the bill would rob public schools of their funding and award it to private schools and special interests.
No. You just introduced legislation to rob public schools at the bidding of private schools & special interests. You are expanding unaccountable entitlement programs for the wealthy, while AZ public schools remain LAST in the nation in funding 😡#NoNewVouchers#NoHB2853https://t.co/qPsD8SKZuS
At the time of press, GOP gubernatorial candidates Matt Salmon and Karrin Taylor Robson signaled support for HB2853.
Freedom is the foundation of any successful educational system.
Every parent across AZ deserves the opportunity to choose the school that best fits their children's individual needs, and they should be able to take their tax dollars with them. #HB2853https://t.co/3ISEBsFgwRpic.twitter.com/q1mHdXksvu
AZ has been a school choice leader for decades. #HB2853 will expand opportunity for every student & vault our state to the front of the educational freedom movement. As Governor, I look forward to build upon this legislation for years to come. #AZgovhttps://t.co/auSuQ52s5c
— Karrin Taylor Robson for Arizona (@Karrin4Arizona) June 15, 2022
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A new law will take effect in Arizona this summer to prevent state officials from shutting down churches or religious services during a public health or public safety emergency.
Gov. Doug Ducey signed House Bill 2507 on Monday, defining a religious service as an essential service during a declared state of emergency. The legislation also protects the fundamental right of Arizonans to exercise their religion freely during a time of crisis and further protects a religious organization from discrimination when it operates or seeks to operate during a state of emergency.
HB2507, which was sponsored by House Republican Majority Leader Ben Toma, notes the U.S. Constriction expressly protects the free exercise of religion, including the right to hold beliefs inwardly and secretly as well as the right “to act on those beliefs outwardly and publicly.”
Toma, who received bipartisan support for HB2507 in the House, said he introduced the bill to ensure Arizonans’ religious freedoms are forever protected.
“During the pandemic, while Arizona was blessed with government leaders that respected religious freedom and the essential role of religious organizations to the people, that wasn’t the situation in some neighboring states,” Toma said. “This law ensures that religious freedom and services in Arizona will continue to be protected in the future, regardless of any emergency, or who leads the state.”
Rep. Lupe Diaz, himself a pastor, said religion is an essential service and religious freedom is essential, which was especially true during the pandemic when Arizonans were facing so many challenges.
“As we look at being able to exercise our religious liberties, which is a constitutional right, it is amazing that we can be denied gathering at churches, yet have stadiums, malls and box stores open,” Diaz said last week in explaining his vote for HB2507.
Cathi Herrod, president of the Center for Arizona Policy, also applauded the signing of HB2507 into law. She noted that while public officials have the authority to protect health and public safety, they cannot suspend the First Amendment, including the free exercise of religion.
“By signing HB 2507 the Governor acknowledges the fact that religious organizations provide essential services that are vital to the health and welfare of the public,” Herrod said Monday. “They not only meet the spiritual needs of our communities, but they also support social services, health care, and economic activity.”
The Arizona House passed HB2507 on Wednesday, a bill declaring that religious services are to be considered essential during a state of emergency. While all House Republicans voted for the bill, several Democrats voted against the majority of their party to pass it: State Representatives César Chávez (D-Maryvale), Diego Espinoza (D-Tolleson), Alma Hernandez (D-Tucson), Daniel Hernandez (D-Tucson), Robert Meza (D-Phoenix), and Lorenzo Sierra (D-Avondale).
However, the bill would require that religious organizations comply with safety or occupancy requirements contingent upon other essential services. The only way around occupancy requirements would be in the case that the government couldn’t provide proof that their requirement was the least restrictive means of furthering their compelling interest. If the government violates these protections, then a religious organization could receive declaratory and injunctive relief, compensatory damages, and attorney fees.
In Canada, worship wasn’t considered an essential practice throughout the pandemic. One preacher, Artur Pawlowski, has been arrested five times for keeping his church open and opposing the draconian government. Last week, Pawlowski was arrested for speaking to members of the Freedom Convoy, the truckers protesting Canadian Prime Minister Justin Trudeau’s dictatorship. Pawlowski’s speech reportedly caused the truckers to change their mind about abandoning their protest: instead of leaving the border for Edmonton, they heeded Pawlowski’s charge to “hold the line.” According to Pawlowski’s lawyer, law enforcement keeps Pawlowski in solitary confinement for 23 hours a day.
The Canadian government further winnowed away at the freedom of religion by outlawing certain beliefs, such as opposition to homosexuality.
Pawlowski grew up under the Soviet Union’s Communist regime in Poland. Like Pawlowski, the state representative behind HB2507, Ben Toma (R-Peoria), grew up in a dictatorship that his family eventually fled: the communist dictator of Romania from 1965 to 1989, Nicolae Ceaușescu. Toma offered details of his experience in an interview with James T. Harris on “The Conservative Circus.” Toma expressed fear that the government’s response during COVID-19 marked a descent into an authoritarian state. He noted how his bill helped push back against dictatorial trends exhibited by the government throughout 2020: disincentivizing and outlawing religion to increase government reliance and subservience.
“If your ultimate allegiance is to God, then you have something on which to rely on, to sort of fight back against state overreach,” said Toma. “But once you take God out of it, then the only thing you can rely on is what? You end up having to trust the state. To me, that’s the scariest possible solution because that’s how we got some of the worst dictators and some of the worst criminals, guilty of genocide and everything else across the world.”
AZ State Rep. Ben Toma discusses the tyranny going on in Canada as he speaks on his personal escape from Romania un https://t.co/KEIfNHfVwI
In addition to the hostility toward religion, Toma observed that other signs of communism were present in the country, with implementation or entertainment of ideas like rationing, supply chain shortages, social credit, and censorship.
Governor Doug Ducey hasn’t lifted Arizona’s state of emergency yet.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Arizona State Representatives Quang Nguyen (R-Prescott Valley), a refugee from communist Vietnam, and House Majority Leader Ben Toma (R-Peoria), whose family emigrated from communist Romania, announced their intent to sponsor a bill establishing anti-communist civics education for K-12 students. The legislation would require social studies curriculum to include a contrast of this country’s founding principles with conflicting political ideologies. In order to accomplish this inclusion, the State Board of Education (SBE) would work with experts in civics and government structures.
Nguyen plans to introduce the bill in the upcoming legislative session. In a press release, Nguyen cited his loss and continued hardship due to communism as the inspiration behind the bill. The legislator fled from the Communist Party of Vietnam at 12 years old in April 1975 – a week before the Fall of Saigon. Ngyen reiterated the importance of knowing history in order to not repeat it.
“This is very personal to me, as someone who has survived a communist war,” said Nguyen. “I have lost very close family members to the evil ideology of communism. I know what it feels to lose a nation to communism and that’s why I do not want my fellow Arizonans to ever go through what I have. It is up to us to ensure that future generations have an honest understanding of what communism truly is and the horrors it has produced for mankind. Otherwise, it is likely to be repeated. The victims and survivors of communism deserve to have their voice heard.”
Toma emigrated to America when he was nine years old in the 1980s. In an interview with Scena9, a Romanian publication, Toma offered an anecdote about life under the regime of the communist dictator at the time, Nicolae Ceaușescu. Ceaușescu and his wife were executed by firing squad on Christmas Day in 1989, the culmination of the Romanian Revolution that ended the 42-year-old communist regime.
“Toma […] still remembers some of the absurdities that people would need to do for those in power. He claims that, before Ceaușescu visited their town, Șăulia, people painted the grass green and hung fake apples in the trees, even if it wasn’t summer yet, so Ceaușescu would feel satisfied by his country’s prosperity,” reported Scena9.
In the press release, Toma concurred with Nguyen’s insistence on the importance of a civics education informing students about the truth of communism.
“I believe in America and its cornerstone principles of liberty, freedom, and democracy,” said Toma. “I also believe that we have a solemn obligation to prepare today’s students to be tomorrow’s leaders. This legislation strengthens a student’s foundation in civic literacy and understanding of what makes our nation exceptional, and how it stands in stark contrast to dangerous ideologies, such as communism and totalitarianism, that would have our founding principles erased from history.”
The legislators’ announcement comes after months of Democratic colleagues insisting that current hot button ideologies like white nationalism posed a bigger threat than communism. During a floor session in June, Nguyen fired back at those same claims made by State Representative Daniel Hernandez (D-Tucson). Hernandez implied that subjects like white nationalism and the January 6 incident demanded greater attention in classrooms than communism.
“You know, I just recently heard somebody say that […] communism is not the enemy, but white nationalism [is]. So, let me tell you something about white nationalism. White nationalism didn’t drown 250,000 Vietnamese in the South China sea. The communists did,” stated Nguyen. “White nationalism did not execute 86,000 South Vietnamese at the Fall of Saigon. Communists did. White nationalism did not put me here. Communism did. So don’t take it lightly. Don’t mock me. Don’t mock what I go through in life. It’s rough. I lost most of my cousins, my family members due to communism. If we don’t stand up to teach communism to our children, we’ll lose this country. So sir, don’t mock me.”
The K-12 budget bill originally included a provision requiring schools to teach how political ideologies like communism conflicted with American principles of freedom and democracy. Courts voided that bill, HB 2898, for not abiding by the state’s single subject rule for legislation.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Arizona’s income tax – with a top rate of 8% – is not competitive. Reducing and eventually eliminating the state income tax would be a huge win for all Arizonans.
Individual taxpayers and families would be able to keep more of their hard-earned paychecks. Small businesses would be able to invest more in their employees. And Arizona would be much more attractive to businesses and investment, bringing new jobs and opportunities to the state.
Over the last decade, millions of people and jobs have been fleeing from high-tax states to states that do not impose income taxes. The ability to work remotely will only amplify this trend.
Unfortunately, Arizona’s current income tax puts it on the wrong side of this equation.
Arizona is a high tax state and slipping further
Under the status quo, Arizona’s income tax – with a top rate of 8% – is not competitive. Eight states – including Arizona’s neighbor Nevada and nearby Texas – do not impose individual income taxes of any kind. Thirty-two more states – count Arizona’s neighbors Colorado, New Mexico and Utah, among them – have top rates that are lower than Arizona’s.
Even worse for Arizona, the list of states that do not impose income taxes will continue to grow. Mississippi Gov. Tate Reeves, New Hampshire Gov. Chris Sununu, West Virginia Gov. Jim Justice, and Arkansas Lt. Gov. Tim Griffin are among several key lawmakers that are working to eliminate income taxes in their states.
Unless Arizona begins reducing and phasing out its income tax, it will continue to fall behind.
The good news is Arizona’s leaders refuse to sit back and allow it to fail. Gov. Doug Ducey, Sen. J.D. Mesnard, President Pro Tem Vince Leach, Majority Leader Ben Toma and many others are eager to provide pro-growth income tax relief.
A flat tax is a much better way to go
They are working on a tax plan that would streamline Arizona’s current four-bracket system (five brackets when accounting for the Proposition 208 “surcharge” of 3.5% that will be imposed on certain income, resulting in top rate of 8%) down to a flat tax of 2.5%.
That would be lower than its current bottom rate of 2.59% (with adjustments being made to ensure that even with the Proposition 208 “surcharge,” which would effectively create two brackets, the top rate would not be higher than 4.5%).
Flat taxes protect all taxpayers from tax increases. Under a progressive income tax, taxpayers are divided into small groups, allowing politicians to rob them one by one. Raising a flat tax, on the other hand, is much more difficult because politicians are forced to answer to every single income tax filer.
Making this news even better, there is a serious effort to include a full phase-out of the income tax (excluding the Proposition 208 “surcharge”) over time through the use of revenue triggers, a responsible way for states to cut taxes without getting ahead of their ski tips.
It could bring new jobs, higher wages
If such a provision were included, Arizona would be a model for other states to copy.
In addition to reducing income tax rates, the Republican tax plan would provide even more income tax relief by quadrupling the child tax credit and by coupling the standard deduction to inflation.
The Republican tax plan would be a huge victory for every single Arizonan. Reducing and, ideally, eliminating the income tax would attract businesses looking to expand, investors looking for growing economies with hospitable tax climates and families looking for greater prosperity.
This would bring new jobs and opportunities to current Arizona residents.
Income tax relief would also allow small businesses, which overwhelmingly pay their income taxes on the personal side of the code, to invest in higher wages, and would allow the hardworking people of Arizona to keep more of their paychecks.
Arizona’s future will be brighter if it begins reducing and eliminating the state income tax.
Grover Norquist is president of Americans for Tax Reform, a nonprofit taxpayer advocacy organization that was founded at the request of President Ronald Reagan. Reach him at gnorquist@atr.org.
