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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Democrats are trying to win a Republican-leaning legislative seat in the southern Arizona area with a candidate who has been endorsed by several progressive organizations.
Kevin Volk is running for the Arizona House of Representatives in Arizona Legislative District 17. Volk was the only Democrat running in the primary for the chamber as his party attempts a ‘single-shot’ strategy to win enough votes for a first or second-place finish in November’s General Election. He obtained 26,330 votes in the July 30 Primary Election.
While my primary was uncontested, it is humbling to have received over 26,000 votes, and to become the Democratic nominee to represent Legislative District 17 in the Arizona State House.
On his campaign website, Volk lists several endorsements from left-leaning organizations for his bid to ascend to the state House, including the National Organization for Women Arizona Political Action Committee, the Arizona Education Association, the Sister District Project, Moms Demand Action, Human Rights Campaign PAC, Climate Cabinet, and the Sierra Club.
Should Volk manage to win a seat in the Arizona House, his endorsement from the Arizona Education Association (AEA) shows that he would likely join with this organization and his fellow Democrat colleagues to undermine – and even dismantle – the state’s historic opportunities for school choice and educational freedom. The AEA has been a staunch opponent of the Arizona Empowerment Scholarship Accounts (ESA) program, which has unlocked a chance for tens of thousands of students around the state to receive the education that best unleashes their learning abilities.
On June 18, the AEA posted, “Happy to be endorsing John McLean and Kevin Volk in LD 17. This is a vital district to win to achieve a pro-education majority in the state legislature, and we’re so glad to have two strong advocates for public education and for Arizona working families in the race!
Happy to be endorsing @JohnMcLean4AZ@KevinVolkAZ in LD17. This is a vital district to win to achieve a pro-education majority in the state legislature, and we're so glad to have two strong advocates for public education and for Arizona working families in the race! pic.twitter.com/jzNe826ayd
The Pima County Democratic Party cheered on the endorsement of Volk from the AEA in a post on X, writing, “This is simple. Kevin Volk and John McLean are champions for the public schools in Marana, SaddleBrooke, Picture Rocks, Tanque Verde, Rita Ranch, East Side, Tucson, and Oro Valley. Good public schools benefit all of us, and all of our community.”
— Pima County Democratic Party (@PimaDems) June 18, 2024
While not on his website, on May 7, Volk also acknowledged an endorsement of his campaign from Save Our Schools Arizona, another organization committed to the end of ESAs and other mediums of school choice in the state. He wrote, “Thank you, Save Our Schools Arizona for your endorsement! As a former public school teacher, I believe that all children in Arizona – more than 90% of whom attend public schools – deserve an excellent education, and that means making sure that our schools are fully funded and fully staffed.”
Thank you @arizona_sos for your endorsement! As a former public school teacher, I believe that all children in Arizona – more than 90% of whom attend public schools – deserve an excellent education, and that means making sure that our schools are fully funded and fully staffed. https://t.co/7jQfAY9eSF
Earlier this year, in April, Volk announced that he had obtained the endorsement of Sister District Project, which has targeted Arizona to help Democrats win competitive races around the state. The organization states that it “prioritize[s] endorsing where we can build momentum at the bottom of the ticket to decrease roll-off in naturally higher turnout environments with strategic higher-ticket Democratic opportunities.”
I am proud to have received the endorsement of @Sister_District, a national organization that is dedicated to helping state legislative candidates in the most critical battleground districts in the country. #LD17
To receive an endorsement from Sister District Project, Volk, like all other candidates who have been endorsed by the organization, had to agree to a six-prong policy plank, including more gun control policies and protection against climate change.
Volk’s support from Sister District Project and its devotion to the radical beliefs around the issue of climate change closely mirrors an endorsement of the LD 17 Democrat candidate from another climate-oriented organization, Climate Cabinet. This organization thanks a number of other likeminded partners – one of which is the Sierra Club Grand Canyon Chapter.
Voters might find it hard to decipher what Volk believes (or does not believe) thanks to his nonexistent record, but as with the endorsements he has received and announced, there are concerning signs that he would be an unwavering vote for the Democrat Party in the Arizona Legislature. In an opinion piece for the Tucson Daily Star on March 6, Volk wrote against an election integrity proposal from Republican Representative Rachel Jones, stating that her legislation would mean that “politicians in our state could potentially choose the winner of the presidential election – regardless of your vote.” He added, “Bypassing Arizonans’ votes for president does not secure elections, it silences voters. I believe that Arizonans, not politicians, should help decide who the next president is.”
However, Volk’s sentiments appear to be hypocritical when it comes to recent actions from his own party at the top of the ticket, where President Joe Biden stepped aside from the votes of millions of Democrats around the country, including Arizonans, after an overwhelming crescendo of voices from his party’s elite forced his hand. What Volk raged against in the southern Arizona publication became reality, not with a Republican policy, but actually with his party’s presumed and eventual nominee who was elected by the votes of political delegates in Chicago, Illinois – not the votes of Arizonans and other men and women from states around the United States.
According to the Arizona Independent Redistricting Commission, Legislative District 17 has an 8.34% vote spread between Republicans and Democrats in the last nine state elections. In those nine elections, Republicans have won all nine contests.
Volk will face off in the November General Election against Republicans Cory McGarr and Jones, who are both incumbent State Representatives. McGarr and Jones emerged over Anna Orth in the July Primary Election.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
A state senator instrumental to protecting vulnerable children is also key to Republican control of the Arizona Legislature.
State Senator Shawnna Bolick is hoping her constituents give her the green light to return for her first full term in the Arizona Legislature after returning from a brief hiatus. Bolick was appointed by the Maricopa County Board of Supervisors in July 2023, when then-State Senator Steve Kaiser surprisingly resigned from his office. The Phoenix-area mother of two had previously served for two terms in the Arizona House of Representatives (2019-2023).
Earlier this year, Bolick authored SB 1372, which “proscribes a court from ordering family reunification treatment that requires certain conditions for participation unless both parents consent,” according to the overview from the Arizona House of Representatives. The bill overwhelmingly passed the state senate with a 19-9 vote (with two members not voting), and it cleared the House with a 32-27 result (with one member not voting).
Governor Katie Hobbs, a Democrat, signed the bill in April.
In a statement after the bill’s signing, Bolick said, “A number of families reached out to me with their horror stories surrounding reunification camps, and I was compelled to take action. Unqualified individuals have been profiting off of the disfunction being forced upon countless kids, and the judicial system seems to be none the wiser to this scheme. Many times, these kids are taken in the middle of the night, sent to seedy locations like motels, sometimes out of state, and are basically brainwashed into agreeing to spend time with a parent that is either mentally, emotionally, or physically harming the child, while having no contact with the parent that the child actually feels safe with.”
Bolick added, “I’m thrilled this bill was signed into law, but I’m utterly appalled nine out of 14 Senate Democrats and nearly all House Democrats voted ‘no’ on protecting our children from this heinous victimization. Their vote against this legislation shows their true colors. Democrats are more concerned with partisan games than following their conscience and doing what’s right for the safety and well-being of these vulnerable kids.”
Hobbs said, “I was glad to sign this bill to codify current best practices of the courts and prevent vulnerable children from being in potentially unwelcome and unhelpful situations.”
On the Arizona Legislature’s Request to Speak system, a representative from Arizona National Organization for Women, usually a champion for progressive candidates and causes, endorsed the bill, showing its broad appeal.
The effort on this family reunification legislation follows another from Bolick at the end of her first tenure in office. In 2022, Bolick sponsored HB 2134 to appropriate $150,000 for the award of school safety grants from the Arizona Department of Education, which was approved in that year’s budget. Bolick said, “As a mom of a teenager, I know how much our kids rely heavily on technology. This school safety grant is a small investment in addressing bullying and student safety in our schools. According to a November 2021 Arizona Child Fatality Review Annual Report, bullying is a top reason for children taking their own lives. Teens have told me they have tried to report an incident on their school campus with a trusted adult but were never taken seriously. It is my hope that the responsible use of this technology will lead to safer school campuses for our students.”
Bolick has also championed school choice proposals to protect children who are being bullied in their places of education. In 2019, Bolick wrote an opinion piece for the Arizona Republic about the unfortunate instances of her daughter being bullied and assaulted, leading to her parents looking to relocate schools “because we no longer felt the school would protect her.” She stated that her daughter “is just one of the thousands of children across our country who are victims of a crime on a K-12 public school campus.”
These episodes with her daughter, coupled with her vast experience in the New York City public school system, led Bolick to introduce the Lifeline for Student Crime Victims Act “to expand Empowerment Scholarship Account eligibility to include public school students who have been victims of battery, harassment, hazing, kidnapping, physical attack, robbery, sexual harassment, sexual assault, rape, threatening, intimidation, fighting, sex trafficking or human trafficking.”
The first-term lawmaker (at that time) closed her piece, writing, “As a freshman legislator, I had the choice to be a wallflower or jump into the fray solving problems facing our state. At the end of the day, I side with victims’ rights over the establishment.”
Judy Schwiebert signed in on the legislature’s Request to Speak system to oppose the bill – along with a representative from Save Our Schools Arizona.
If Bolick is given the chance to continue in the legislature for the next term, she is already looking at more opportunities to protect vulnerable children across the state. In an exclusive interview with AZ Free News earlier this summer, she said that she is looking at options to “deal with the bullying in our schools” and to “get to the root of the problem because bullying continues to get worse leading to kids missing weeks of school.”
Arizona Legislative District 2 is one of the most competitive in the state, with a 3.8% vote spread in the past nine statewide elections. It is very winnable for Republicans, however, as the party has emerged victorious in six out of those nine elections.
Senator Bolick will face off against Judy Schwiebert in the November General Election, who is running unopposed in the Democrat primary election.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
A powerful Arizona organization is attempting to coax the state’s once-invincible champion for school choice into fighting back against one of its most fierce opponents.
Last week, John Thorpe, a Staff Attorney with the Goldwater Institute, sent a letter to Arizona Superintendent of Public Instruction Tom Horne, over his office’s continued capitulation to Attorney General Kris Mayes over the interpretation of certain laws pertaining to the Empowerment Scholarship Account (ESA) program.
The letter from the Goldwater Institute sought “to bring some clarity to the issues of (1) whether the use of ESA funds for ‘supplementary expenses’ requires an explicitly documented ‘nexus’ to a curriculum approved by the Department of Education, and (2) whether ESA funds are subject to the AG’s authority under [state statutes].”
This communication addressed an earlier email from Arizona Department of Education ESA Executive Director, John Ward, to parents within the program, informing them about a letter he had received from Mayes’ Solicitor General. According to Ward, that letter “stated that some ESA program practices are inconsistent with State law and result in payment of ESA funds without authorization of law, [and that] the Solicitor General’s Office has directed the ESA program to address the issues it identified.”
The Attorney General’s Office cited two Arizona statutes to bolster its argument that “the Arizona Department of Education has approved certain supplemental items and textbooks without requiring curricula, which may result in ‘illegal payment of public monies.’” Ward told parents that “ADE has no choice but to comply with the Solicitor General’s determination,” forcing families to “submit a curriculum with all supplemental materials requested or purchased” – something that he even noted was a practice “in place since before the current ADE administration.”
Horne’s acceptance of Mayes’ interpretation of the law was surprising to many members of the public, being that his office has been at odds with the Attorney General’s Office on almost every issue related to this program. Previously, Horne issued several statements expressing his unabashed opposition to the Democrat Attorney General’s persistent attacks on the ESA program and vowing to match her office step for step in defense of parents.
In Thorpe’s letter, he argues that “the law does not condition families’ rights to buy supplemental materials on an explicitly documented ‘curriculum nexus,’” and that “Arizona families’ ESA dollars are not ‘public monies.’”
Thorpe concluded his letter to the state’s schools chief, writing, “The AG’s power to investigate misuse of public monies does not give her the authority to prevent your office from allowing Arizona families to use their ESA funds for statutorily permitted uses. Nor does the law require you, or those families, to justify every textbook or ‘supplementary expenditure’ with a Department-approved curriculum nexus or documentation from a private school.”
On the same day of the Goldwater letter, Ward sent another email to ESA families in response to questions of his department “to provide additional guidance on what is required to use Empowerment Scholarships to purchase supplemental materials” – perhaps signaling that Horne and the Arizona Department of Education would not be backing down from its surrender to Mayes. Ward stated that “ADE would like to provide you with an updated template of Parent-Prepared Curriculum that you can use to submit with your requests for supplemental materials.”
One of the state’s most ardent and effective advocates of the ESA program, Christine Accurso, linked to the Goldwater letter on her social media platform, adding her own commentary about how parents should react to the decision from the Arizona Department of Education on these supplemental materials for their ESA accounts. She said, “ESA parents should have absolutely no fear with submitting orders (for direct purchase or for reimbursement) that includes items that are obvious supplemental educational materials. If an order gets rejected, then email asking them to approve it. If you get an email or communication about your order that says it is the ‘department’s final administrative decision’ then you can go to the State Board of Education and file an appeal. However, you must have proof that the department has given its ‘final administrative decision’ before submitting an appeal to the SBE.”
The Goldwater Institute’s public foray into this controversial action from the Republican Superintendent’s Office follows a letter that was previously sent to Horne from Arizona House Speaker Ben Toma, a fellow Republican. In his letter, Toma wrote, “I understand that you may have no choice but to cooperate with the Attorney General’s politically-motivated investigation. However, ADE is best situated to determine how to implement its policies in a way that fulfills legislative intent but does not burden parents with unnecessary bureaucratic requirements.”
Toma added, “As you implement your Department’s policies, I urge you to scrutinize Attorney General Mayes’ unsolicited legal advice expressed in her July 1, 2024, letter, consider how her interpretation of Arizona statutes would impact parents throughout the state, and reject her interpretation of the law that would lead to absurd results.”
In a blog post for the Goldwater Institute, Matt Beienburg referenced Toma’s letter, stating, “As noted by Arizona Speaker of the House Ben Toma, the unprecedented intrusion and second-guessing by the AG’s office into ADE’s administration of the ESA program is just the office’s latest attempt to advance a novel legal theory in order to hijack the legislative deliberations and decisions of state lawmakers. Indeed, just days before firing off its attack against ADE for its application of state statute, the AG’s office was forced to concede and drop its efforts to override the provisions of the recent bipartisan state budget agreement. The AG’s demands against the ESA program should similarly be rejected by the state department of education, the state board of education, and the judicial system of Arizona.”
A few days removed from the Goldwater Institute letter, the Arizona Department of Education sent another email to ESA parents, informing them of a virtual meeting with Horne, Ward, and others from the department to “provide account holders with an opportunity to have their questions answered regarding the new curricula requirements for supplemental materials.” However, families will not be able to ask their questions live and unfiltered. Instead, as per the electronic notice, “the format for the virtual meeting will be the Department of Education reading and answering questions that have been submitted to it by ESA Holders.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Last weekend, the Arizona legislature completed its constitutional duty and finally passed a state budget, concluding its business for the year. Looming over the entire process was a budget deficit that needed to be filled—fluctuating from around $1.6 billion to just over $2 billion over the 3-year budgeting period.
Though the left and the media wanted to blame historic tax cuts and landmark school choice expansion for the shortfall, the real problem was record spending that resulted in Arizona’s budget growing by over 50% in the last five years. So, when lawmakers gaveled into session in January, the solution was to right-size state spending. Our organization even provided a roadmap for a successful budget process:
Cut spending to align with current and future funding projections
Don’t raid the rainy-day fund
Don’t use budget gimmicks to balance the sheets
Don’t roll back our school choice programs
Don’t raise taxes
So how did the legislature do? Here is a breakdown of the good and the not so good results from the budget:
