by Corey DeAngelis | Jun 6, 2023 | Opinion
By Jason Bedrick and Corey DeAngelis |
Democrats claim a new program will bankrupt the state. The opposite is true.
Is school choice bankrupting Arizona? That’s what Gov. Katie Hobbs and Democratic legislative leaders would have you believe, but simple math says otherwise.
Arizona’s choice program, Empowerment Scholarship Accounts (ESAs), “in its current form is not sustainable,” Ms. Hobbs tweeted last week. “We need to bring an end to this out of control and unaccountable spending, and I will work tirelessly to make that happen.”
With an ESA, parents can use a portion of their child’s state education funds—typically about $8,000 a year—to pay for private-school tuition, tutoring, textbooks, online courses, home-school curricula, special-needs therapy and other expenses.
Ms. Hobbs’s declaration came in the wake of the Arizona Department of Education’s latest projection that the program, which has about 58,000 participants, will serve 100,000 students by the end of fiscal 2024 at a cost of roughly $900 million.
“Without reform, Empowerment Scholarship Accounts will bankrupt our state & our public schools,” tweeted Rep. Andrés Cano, leader of the Democratic caucus in the Arizona House. He omitted the portion of the department’s letter noting that “many of the students that are enrolling now are coming from the public school system, which in the end saves the state money.”
That $900 million is barely 2% of total Arizona state spending of $80.5 billion in 2022. Arizona public schools spend about $14,000 per pupil, or $1.4 billion for 100,000 students. If the department’s enrollment projection is reached, school choice would serve roughly 8% of Arizona’s students for 6% of the $15 billion that Arizona will spend on public schools.
A new report by the Common Sense Institute finds that “current enrollment in Arizona public district and charter schools combined is over 80,000 students below pre-pandemic projections,” producing a savings of $639 million. Arizona’s population is growing, so the vast majority of those students left for private or home schools, for which they could avail themselves of Arizona’s two private choice policies. In addition to the 58,000 students using education savings accounts, last year school tuition organizations issued more than 32,000 tax-credit scholarships.
The attacks on school choice are more than a public relations campaign. When Ms. Hobbs’s budget retained last year’s school-choice expansion, Arizona’s Attorney General Kris Mayes used the “bankrupt the state” talking point as a pretext to threaten a lawsuit. In a public letter to Ms. Hobbs and the Legislature, Ms. Mayes decried the “catastrophic drain on state resources caused by universal Empowerment Scholarship Accounts.” She later went on television and threatened to investigate participating families for “waste, fraud, and abuse.”
Ms. Hobbs lacks the legislative support to roll back school choice, as Republicans have slim majorities. But she’s signaling what she would do if she could. Arizona families should take note.
Mr. Bedrick is a research fellow at the Heritage Foundation. Mr. DeAngelis is a senior fellow at the American Federation for Children.
by Daniel Stefanski | Jun 5, 2023 | News
By Daniel Stefanski |
Days after Republican legislators warned of possible ethical repercussions over Democrat Attorney General Kris Mayes’ public statements against the state’s Empowerment Scholarship Account program, a private citizen filed a formal complaint against Arizona’s top prosecutor.
On May 31, according to a document received and reviewed by AZ Free News, Charlie Schinke of Chandler filed a charge against Attorney General Mayes with the State Bar of Arizona.
Schinke requests “that the Bar Counsel initiate an investigation to determine whether attorney (and Attorney General) Kristin K. Mayes has breached the foundational duties of loyalty and confidentiality she owes to her clients, in violation of Arizona Rules of Professional Conduct 1.6 and 1.7.” The Chandler resident writes, “In just the last month, Ms. Mayes appeared on television to threaten one of her clients with an investigation that could carry potential criminal dimensions, and publicly admonished another client in letters that she distributed in a press release.” He asserts that “the Attorney General serves state agencies as a counselor and confidante; she does not (and cannot) control, regulate or punish them.”
The two allegations that Schinke uses to base his complaint, are Mayes’ April 17 letter to Director Thomas Buschatzke of the Arizona Department of Water Resources, where she “launched into an extended critique of the agency’s studies of so-called active management areas and demanded that Director Buschatzke supply her with documentation evidencing the agency’s compliance with its responsibilities;” and her May 21 interview, in which Mayes “announced that her office ‘is going to be looking at fraud, waste and abuse in the universal school voucher program.’”
Schinke cites Arizona case law that reflects the lawful containment of the Attorney General’s duties, highlighting a portion of Brnovich v. Arizona Board of Regents, which says, “In Arizona, unlike some other states, the Attorney General has no inherent or common law authority… [T]he authority of the Attorney General must be found in statute.” He writes that “the legislature has designated the Attorney General the ‘chief legal officer of the state,’ and in that capacity she is ‘the legal advisor of the departments of this state and [must] render such legal services as the departments require.’”
The author of the complaint ends his letter to the State Bar with two charges, stating, “Attorney General Mayes’ public criticisms of, and threats to investigate her clients are inconsistent with her duties of confidentiality and loyalty.”
Schinke reminded the Bar about a previous case it considered. In that case, former Attorney General Mark Brnovich faced charges due to allegations that “his public criticisms of, and adverse legal actions against, the agency violated his ethical responsibilities.” Schinke ends his letter, pleading with the Bar to exercise the “same scrutiny” with Attorney General Mayes “that her predecessor received,” adding a line about the “Bar’s self-professed commitment to non-partisanship.”
Schinke’s letter comes just six days after 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.” In their letter, 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).”
Mayes does not appear to have publicly commented on the complaint.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | May 27, 2023 | Education, News
By Daniel Stefanski |
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.”
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.”
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.
by Corinne Murdock | May 26, 2023 | Education, News
By Corinne Murdock |
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.”
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.”
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.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Steve Conroy | May 23, 2023 | Opinion
By Steve Conroy |
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.
