Arizona Republican legislators have finally had enough of Democrat Attorney General Kris Mayes’ continuing assault on the state’s historic Empowerment Scholarship Accounts (ESA) program.
On Thursday, a bicameral group of Republican lawmakers, led by Senate President Warren Petersen and House Speaker Ben Toma, transmitted a letter to Mayes, demanding that she “publicly retract (her) patently false statements attacking ESAs and impugning the motives of thousands of parents that use ESAs to provide the best education for their children.”
🚨BREAKING🚨 Legislative Leaders Demand AG Mayes Retract False Statements Regarding ESAs & to Use State Resources to Serve Interests of Arizonans, Not Politics!
“Parents have spoken and the Legislature has enacted ESAs into law. Your job, as an executive branch official, is to… pic.twitter.com/QgLvDcvsGY
— Arizona House Republicans (@AZHouseGOP) May 25, 2023
The accusations and demands in the letter stem from a recent television interview Mayes gave where she “claimed that ‘there are no controls’ on the ESA program, ‘no accountability,’ that ‘they’ (presumably parents) are ‘spending hundreds of millions of dollars of taxpayer money,’ that this ‘needs to be looked at,’ and that it’s (her) ‘responsibility to do that’ as Arizona’s ‘top law enforcement officer.’”
The coalition of eight legislators (Senators T.J. Shope, Sonny Borrelli, and Sine Kerr, and Representatives Travis Grantham, Leo Biasiucci, and Teresa Martinez – along with Petersen and Toma) share their alarm “that the state’s chief legal officer would make such outlandish claims that are refuted by Arizona law.” They write that “Numerous statutory provisions in the ESA laws expressly require accountability, oversight, and investigations when appropriate. See, e.g., A.R.S. § 15-2403 (requiring, among other things, the Arizona Department of Education to conduct or contract for ‘random, quarterly and annual audits’ of ESAs ‘as needed to ensure compliance’, authorizing the Department to remove parents or qualified students if they fail to comply with the contract or applicable laws, rules or orders, and enabling the State Board of Education to refer cases ‘of substantial misuse of monies’ and suspected cases of fraud to the Attorney General).”
Republican Superintendent of Public Instruction Tom Horne’s administration has been amenable to referring such cases of fraud or misuse of monies to the Attorney General as directed under law. In a tweet on March 1, the Arizona Department of Education responded to an account alleging misuse and / or fraud of ESA funds (in a post that has since been deleted), saying, “Please provide your relatives name, and we would like to refer her to Attorney General Kris Mayes. ESA dollars should only be spent on education.”
Please provide your relatives name, and we would like to refer her to Attorney General @KrisMayes. ESA dollars should only be spent on education. https://t.co/K88q32oTqN
— Arizona Department of Education (@azedschools) March 2, 2023
The Republicans warn Mayes that her rhetoric and threats are way beyond the statutory scope of her office, writing, “You have not cited a shred of evidence to suggest that either the Arizona Department of Education or the State Board of Education—both of whom you represent—have failed to comply with their statutory obligations, and there is no basis to believe that these agencies will disregard or refuse to follow the law in the future. And while you have a statutory responsibility to investigate matters that are referred to you, the Legislature did not authorize and does not condone the selective targeting or roving investigations of ESA parents.”
They also raise the issue of “ethics” that will be sure to catch the attention of the intended audience at Central Avenue and just north of McDowell. Over the past few years, then-Secretary of State Katie Hobbs weaponized the Arizona State Bar and ethics rules against then-Attorney General Mark Brnovich, her political rival at the time, giving a very low standard of precedent for a reprisal against the state’s newest prosecutor. Hobbs didn’t just file bar complaints against Brnovich; she leveled the charges at several attorneys in his office over political disagreements between the two. In their letter to Mayes, the legislators write: “Of course, Arizona’s Ethical Rules do not tolerate the initiation of criminal proceedings absent probable cause to believe that any parent has committed a crime. See Arizona Ethical Rule 3.8 (listing the special ethical responsibilities of a prosecutor). Further, it would raise ethical questions if a government attorney were to publicly insinuate that a current client is engaging in misconduct with no factual basis. See, e.g., Arizona Ethical Rule 1.7 (imposing a duty of loyalty to a current client).”
The lawmakers end their letter with an appeal for Mayes to conform with the expectations and values of their shared constituents across the state, stating, “Arizonans expect the state’s chief legal officer to refrain from engaging in politically-motivated pursuits, threats, or lawsuits, and to make public statements that align with Arizona law and the duties of your office.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
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’s public school system has ranked worst across the 50 United States of America for some time.
Scholaroo set out to find the most and least educated states in the country during the COVID-19 pandemic. In order to determine the best and worst school systems per state, the scholarship-centered website compared three key factors:
Student Safety – Arizona ranked 45 out of 50
Student Success – Arizona ranked 44 out of 50
School Quality – Arizona ranked 50 out of 50
According to Scholaroo, Arizona ranks 47th for the least educated, 38th for educational attainment, 48th for school quality, and 48th in the number of colleges/universities per 100,000 adults.
The AZ Schools Report card provides a myriad of statistics. For the most part, Arizona’s public schools are failing miserably with around a 50% proficiency in Mathematics and English among graduating students. Part of the problem is qualified teachers. As an example, Buena High School has 25% of its teachers as non-certified and/or teaching outside of their area of expertise.
I don’t believe it is a lack of funding for the schools. Arizona’s statewide average per-pupil spending for everything is $10,729 in the fiscal year 2022. This marks a nearly 8% increase in spending from the prior fiscal year. But surprisingly, with more students joining the Empowerment Scholarship Account (ESA) program, the state surplus has increased by over $1.4 billion. The ESA program has reflected a cost-savings program for the state because each ESA student receives half of what the state allocates for students per year. Therefore, ESAs are saving tax dollars while providing opportunities for parents to select the education source for their children.
When parents elect to move their child to another school or to homeschool, that does not increase the total cost of education. It simply shifts funding to another educational option. I believe parents should be allowed to determine which educational institute provides the best education for their child.
If the public schools want to increase enrollment, they will need to trim overhead, reduce the administrative burden on teachers, and make the education of the students a priority. If they wish to be competitive, they have to make radical changes. Students who cannot complete the basic aptitude tests for their grade level should be held back and tutored.
What does the ESA program offer? It allows parents to use the money allocated to educate their child, to pay for the education model determined by the parent. The state’s expanded ESA program provides up to $7,000 to participating students. Parents can use these funds to pay for private school tuition or to purchase home education courses, tutoring, materials, and supplies. After the COVID-19 debacle with schools closed for almost two years, tutoring to bring students up to the proper grade level is critical and should be a goal for every public school.
Why am I concerned since my children and grandchildren have grown? I see the deleterious effects of their education, and I do not wish that on any future generations. Too many children are being indoctrinated to accept things like socialism and communism, and a lot of that is taking place in our public schools. If we want to save our country, we must start with the education of our children.
I have been pushing for school choice for 40 years. I believe the public education system is ruled by the teachers’ unions, which need to be abolished, and plenty of leftist bureaucrats. Our students are being dumbed down by the current system, and until we get some competition among schools, the public school system will continue to fail our students. I believe there are many teachers who have not been corrupted by things like Critical Race Theory and want to be good teachers. But until we challenge public schools and make other alternatives for parents, the system will continue with their woke agenda. It’s time to take back the education of our children and stop the bureaucratic interventions in our lives. The ESA Program is a great start.
Steve Conroy is a retired military officer and has been actively involved in his community for over 30 years.
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.
Save Our Schools Arizona (SOS) and some Dem lawmakers were up in arms last week. And anytime that happens, you know you’re probably doing something right.
Last Wednesday, the Republican-led legislature passed the $17.8 billion budget, and it was a big win for students, parents, school choice, and Arizona’s taxpayers. Despite the fact that Governor Katie Hobbs made it clear that she planned to dismantle school choice for all with a full repeal of the beloved Empowerment Scholarship Accounts (ESA), Hobbs signed the budget without any cap or restrictions on the historic program. This should be cause for celebration—unless, of course, you’re SOS or certain Democrat lawmakers.
Predictably, SOS got right to work on spreading lies about the popular ESA program, claiming it would drain K-12 public schools of funding, hurt Arizona’s economy, and even bankrupt the state. That last lie is particularly absurd, but then again SOS has a history of such desperation when its back is against the wall. (Can you imagine being this bent out of shape that children from all walks of life can get an education that best fits their needs?)
The reality is that the ESA program has absolutely exploded during this fiscal year…
