by Daniel Stefanski | Jun 11, 2023 | Education, News
By Daniel Stefanski |
Advocates of Arizona’s Empowerment Scholarship Accounts (ESA) are responding to recent attacks on the program.
Last week, Democrat Governor Katie Hobbs launched a political assault on ESAs, reacting to a recent memo from the Arizona Department of Education, which detailed the expected cost for the upcoming fiscal year. Hobbs tweeted, “the school voucher program in its current form is not sustainable, and Republican legislators need to explain why they are forcing this runaway spending on Arizona taxpayers. We need to bring an end to this out of control and unaccountable spending, and I will work tirelessly to make that happen.”
The first-year governor has been working tirelessly to assuage angry members of her own party since she agreed to a negotiated state budget last month with Republican leaders of the Arizona House and Senate. Though she railed against ESAs on the campaign trail and leading up to the budget compromise, Hobbs signed the package that left the historic school choice expansion untouched and uncapped, leaving Democrats and interest groups opposed to ESAs to question her commitment to adhere to such a prominent platform of her administration.
Proponents of Arizona’s ESA program were ready for Hobbs’ – and other Democrats’ – attack, publishing national and local opinion pieces to assure people of the facts. Jason Bedrick and Corey DeAngelis, two national leaders of the school choice movement, wrote a commentary for the Wall Street Journal, entitled “School Choice Saves Arizona Money.” The advocates clarified the cost for ESAs in Fiscal Year 2024 ($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.”
They pointed to a report published by the Common Sense Institute, which found that “current enrollment in Arizona public district and charter schools combined is over 80,000 students below pre-pandemic projections,” saving Arizona $639 million.
Another opinion piece, written by Jon Gabriel for the Arizona Republic, stressed that “the critics of Arizona’s Empowerment Scholarship Accounts keep claiming the program is too expensive. At the same time, they insist the state spend far, far more on education.” Gabriel highlights that “an ESA student is only allowed 90% what that student would receive in a traditional public school,” arguing that Democrats “are galled to see education funding going directly to students and parents instead of to bloated public school administrations and teachers’ unions.”
Matthew Ladner took his defense of ESAs to Twitter to make a comparison with the Mesa Unified School Direct. He posted, “Mesa Unified was budgeted for $1.3 billion last year to educate 54,000 students. I’m having a hard time getting too excited about less money for 100,000 students. Let’s call ESA ‘a bargain for taxpayers.’”
As of the Arizona Department of Education’s update on June 2, 58,253 students are currently enrolled in ESAs.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by AZ Free Enterprise Club | Jun 10, 2023 | Opinion
By the Arizona Free Enterprise Club |
We all know it’s been a rough start for Governor Katie Hobbs as Arizona’s Chief Executive. Along with high-profile staff exits and breaking the veto record after killing the bipartisan “Tamale Bill,” Hobbs alienated many Democrats when she signed the budget sent to her by the Republican-led legislature.
Not to be outdone, Attorney General Kris Mayes has come along since taking office with one clear message to Hobbs: “Hold my Bud Light.”
Mayes has been occupying the AG office for a couple of months, and she has already figured out a way to abuse her power and violate her attorney client obligations. All driven by her desire for headlines and trying to claim the mantle as top Democrat demagogue in the state.
Her antics began in April when she decided it was a good idea to threaten action against the Arizona Department of Water Resources (ADWR)…
>>> CONTINUE READING >>>
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.
