Since the results of the 2024 election came in, much of the focus has been on President-elect Donald Trump’s historic win—and rightfully so. Trump won every single swing state in a massive victory over Vice President Kamala Harris, and he beat her in the popular vote too.
But Kamala Harris wasn’t the only significant loser to come out of November’s election.
Here in Arizona, teachers’ unions and other anti-school choice groups, like Save Our Schools Arizona (SOSAZ), made the 2024 election a referendum on school choice. And they lost big!
Much of their work began earlier this year, when Arizona Governor Katie Hobbs came into legislative session (just like she did in 2023) with her top priority being to regulate the wildly popular Empowerment Scholarship Account (ESA) program out of existence. But it didn’t work. Despite the noise from Hobbs, legislative Democrats, the legacy media, the teachers’ unions, and other anti-school choice groups, only minor changes were made to the ESA program through the budget, with most of it remaining untouched.
This failure fell on the heels of other similar failures…
Arizona Attorney General Kris Mayes is facing serious criticism after legal threats issued to families using the Empowerment Scholarship Account (ESA) program. The threats slammed the brakes on purchasing “supplementary materials” considered self-evident in need by the State Board of Education.
As reported by the AZ Mirror, a July notice from Democrat Attorney General Kris Mayes’ office told the director of the ESA program that they may be in violation of Arizona law by issuing reimbursements to families for supplementary education materials, (i.e. flash-cards, periodic tables of the elements, early books for new readers) without requiring that parents provide documentation that it is required under a curriculum.
In the six-page letter, Assistant Attorney General Kathryn Boughton wrote, “Approving ESA funds for materials that have no nexus to the student’s actual curricular needs contradicts the intent of the program and constitutes a payment of funds made without authorization of law.” She went on to claim that doing so, “may enable account holders or vendors to engage in fraudulent behavior, such as purchasing items with ESA funds solely for the purpose of resale.”
She advised that director, John Ward stop authorizing the reimbursements immediately.
Faced with a potentially damaging legal battle, Superintendent of Public Instruction Tom Horne told parents in a statement that he would have to concede the point for now. “When I received the attorney general’s message, I sent it to the most knowledgeable people in my department,” Horne wrote.
“I asked them to look at it, not as an advocate, because we all disagree with the Attorney General, but in a neutral way, as though they were judges to determine if they could give me a reasonable assurance of success. They analyzed the statutes on which the attorney general relied, and indicated to me that as a neutral judge, they would rule against me if I made a fight out of it and refused to comply. Getting into a fight and losing, would be much more damaging.”
However, the tune from Mayes’ office changed sharply just one day after the Goldwater Institute filed lawsuit challenging the blatantly partisan determination. Attorneys from Goldwater representing two Arizona mothers wrote, “Following …unsuccessful legislative attempts, the office of Arizona Attorney General Kris Mayes initiated a new effort in July 2024 to dramatically limit the use of ESA funds, calling for a prohibition on the purchase of basic educational materials, including books, workbooks, and other ‘supplementary materials’ unless parents could provide an explicit ‘curricular’ document justifying the use of each specific book title or material for their child.”
“Arizona law expressly allows the purchase of such materials with ESA funds, however. In fact, state lawmakers added clarifying language in 2020 with the explicit purpose of ensuring that such purchases would not be denied, following the actions by former State Superintendent Kathy Hoffman that had restricted the purchase of many such items. The State Board of Education has likewise approved rules for the program explicitly permitting the purchase of these materials without additional documentation.”
The AG’s Office then began a campaign of feverishly walking back their determination with a statement responding to the suit. “The Attorney General has simply stated what is required by law,” adding, “The law doesn’t prevent parents from purchasing paper and pencils, but it does require that materials purchased with ESA funds be used for a child’s education.”
But this isn’t what Mayes’ office said in July when they demanded Superintendent Tom Horne’s department “promptly cease approving supplementary material expenses without the requisite documentation of a curriculum nexus,” no matter how self-evidently educational the materials are, as Matt Beienburg,the Director of Education Policy at the Goldwater Institute pointed out in an Arizona Daily Independent op-ed.
As Beienburg notes, Mayes’ office, far from simply targeting extravagant spending, threatened ESA administrators with legal liability unless they applied the same requirements on the list of obviously educational materials approved in the State Board of Education’s ESA Handbook: things like “books,” “workbooks,” “writing utensils,” “atlases/maps/globes,” “calculators,” “flash cards”, etc.
“Thesematerials are what Attorney General Mayes’ intervention is now blocking en masse—unless parents can cite a specific pre-established curriculum calling for the individual book title or resource,” Beienburg explained.
“In other words, the Attorney General’s office still demands that flashcards and other self-evidently educational materials be allowed only if a parent can produce an arbitrary piece of paper calling for their specific use.
The Attorney General’s attempted public deflection away from this fact demonstrates the absurdity of her summer demands. Perhaps she really does believe that families should have to justify their purchases of books like ‘Brown Bear Brown Bear, What do You See?’ and ‘Little People Who Became Great’ to wiser government bureaucrats. But for the rest of us, such restrictions are clearly nonsensical and—under state law, illegal.
The Attorney General is supposed to uphold state law, not torture it to impose her policy preferences. We encourage the Attorney General to withdraw her summer demand letter, or else acknowledge flatly that her position is that families should have to justify why they picked ‘Brown Bear Brown Bear, What Do You See?’ to read to their own children.”
The Common Sense Institute of Arizona (CSI) has released a comprehensive report setting facts versus myths surrounding Arizona’s Empowerment Scholarship Accounts (ESA) program.
According to the CSI, the full eleven page report, “dispels misconceptions and presents data-driven insights into the fiscal and educational impacts of the ESA program on Arizona’s public education system and state budget—an issue of growing interest for states considering ESA expansion.”
Although it follows an argumentative “claim/fact” format, the primary findings of the report can be broken down into five key area: K-12 Funding Growth, Per-Pupil Spending, Public School Enrollment Decline, ESA Program Costs, and Accountability and Oversight.
According to the release, during the nine year-span from Fiscal Year 2016 to 2025, the K-12 funding for Arizona Public Schools exploded by approximately 60 percent, jumping up by over $6.3 billion. Conversely, the funding allocated to ESAs only increased by $792 million over the same period, amounting to barely 11% of the budget’s overall growth. This simple fact torpedoes the popular online fiction that legislators are making cuts to public school funding to pay for the ESA.
Arizona's K-12 funding has outpaced inflation and enrollment. Public school funding increased by $6.3B from FY2016-FY2025, including $2B in just the last three years.
— Common Sense Institute Arizona (@CSInstituteAZ) October 9, 2024
As previously reported by AZ Free News, the report aligns well with a statement from Superintendent of Public Instruction Tom Horne as well as a report from the Arizona Legislative Budget Committee and the Goldwater Institute.
Answering concerns on per-pupil spending, the CSI found, “Arizona now spends over $15,100 per public school student, a 30% increase since FY2016 (adjusted for inflation). Despite a decrease of over 23,500 students in public school enrollment over the past five years, overall funding has continued to grow.”
In a post on X, the CSI observed, “Traditional district public school enrollment has been steadily declining in Arizona for years. This trend, driven by demographic shifts and changing attitudes, is likely to continue regardless of the ESA program. ESA is the response not the cause.”
Traditional district public school enrollment has been steadily declining in Arizona for years. This trend, driven by demographic shifts and changing attitudes, is likely to continue regardless of the ESA program. ESA is the response not the cause.
— Common Sense Institute Arizona (@CSInstituteAZ) October 9, 2024
Easily the most divisive effort to assail ESA funding has come from the claim that it only benefits wealthy, urban students. The CSI joins the Joint Legislative Committee in dashing the notion, stating, “Since the pandemic, demand for traditional district public schools has fallen nationwide – among broad demographic groups. With the expansion of things like home schooling, Microschooling, etc., non-traditional students may look very different than you’d expect!”
Since the pandemic, demand for alternatives to traditional district public schools has grown across diverse demographic groups. With the expansion of things like home schooling, Microschooling, etc., non-traditional students may look very different than you'd expect!
— Common Sense Institute Arizona (@CSInstituteAZ) October 9, 2024
As noted in prior reporting: the Goldwater Institute, the nonpartisan Common Sense Institute, and multiple conservative outlets have repeatedly verified that families of ESA children cover the full breadth of the socio-economic strata from crushingly impoverished to blindingly wealthy, from the broken down trailer parks of South Phoenix to the most lavish homes of Paradise Valley.
The report notably cites the Black Mother’s Forum, an Arizona microschool operating two locations and serving over 150 pupils since 2021. All the students use ESAs and 90% are non-white with a wide majority classified as low-income. According to the Forum’s CEO, “Without the universal ESA program, these schools would not exist.”
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.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
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.
