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.
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.”
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!”
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.
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Voters will forever be disadvantaged if they keep believing school board races are “nonpartisan.” As a formality, progressive candidates David Sandoval, Melissa Girmscheid, and Mikah Dyer are registered with no party declared. Don’t be fooled by this. They fully intend to unleash a far-left agenda if they secure seats on the Peoria Unified Board of Education this November.
All three candidates are endorsed by the sleazy, nonprofit hack Save Our Schools Arizona (SOS). SOS is a radical, union-loving, anti-parent organization with a special hatred for school choice. They even dedicated an entire page to demonizing empowerment scholarship accounts (ESA). One bullet point under “Get the Facts,” says, “The minimum ESA voucher is $500 higher than the state per pupil funding to district schools.”
To that I say, the year-over-year state ranking of 48 to 50 confirms that our public schools are a failed government experiment. At the same time, by some estimates, Arizona ranks #1 in school choice. One source said the average homeschooled student scores 15-30% higher on standardized academic achievement tests. So, it appears that $500 is well spent.
In April 2024, a columnist for The Washington Postfound that Arizona spends about $13,500 per public school student compared to an ESA average of $7,143. This prompted the writer to declare, “[I]f everyone opted for ESAs, the state would save money.” Wow, that’s a difference of nearly $6,400 in favor of parents’ choice! I promise not to hold this little discrepancy against SOS members who graduated from Arizona public schools (especially since recent state test scores show math proficiency at 34%).
Board candidate Dyer—who graduated from PUSD in May 2024—is also anti-parent. Of course, this is a rite of passage for teenagers. In an article by The Courier, Dyer spoke against the conservative parent organization Moms for Liberty, a group that was founded around the time Dyer “graduated” from middle school. Dyer told the Courier that he thinks students know how to best serve the majority of their classmates.
Sorry, Dyer, kids don’t know what’s best for kids, and neither do government schools. This is why we have parental rights legislation affirming the ultimate authority of primary caregivers. Children don’t make final decisions on anything they’re not mature enough or financially stable enough to manage on their own, especially K-12 education.
In the same article, Dyer claimed that students were “not worried about what’s happening in the restrooms” on campus. This statement effectively silenced all the PUSD students who spoke out at school board meetings last year and lined up to protest the cross-dressing boy who was allowed to use the girls’ bathrooms. I remember Dyer attending those board meetings. He even made public comments in opposition to those students’ concerns. So, I’d say he’s out of touch with his adolescent peers.
Not only is Dyer’s worldview shaped by a school district that prefers “rainbow libraries” over academics, he’s also campaigning alongside current PUSD board member David Sandoval—a leftist who discriminates against Christians. Sandoval’s claim to fame is his tenure on the board. Despite winning a seat in 2016, and re-election in 2020, he has little to no achievements in the ways of sound district policies, student safety, or academic improvement.
Sandoval voted in favor of permitting males to invade female spaces. He has no issue giving unlicensed, psycho-emotional grifters access to students’ mental health. In a hostile climate of school shootings and bullying, Sandoval doesn’t consider Student Resource Officers a high priority. If teachers and staff want to bypass state law and travel for CRT/DEI/SEL conferences, Sandoval’s vote is guaranteed. Circling back to math proficiency, within a year of Sandoval’s swearing-in, PUSD students were testing at a failure rate of 49%. On his watch, that dropped to 37% by 2023. Notwithstanding various uncontrollable factors and administrative issues, Sandoval is fundamentally lacking in leadership capabilities.
Board candidate Melissa Girmscheid is a cut above the rest having previously taught math and science in PUSD. She’s running a clean campaign to the untrained eye, but let’s be real: Girmscheid’s ideological roots and the party’s agenda won’t let her focus solely on academics. Her “endorsements and distinctions” tell the story of a candidate beholden to hazardous teachers’ unions, LGBTQ and sex-ed advocacy groups, and a “social change” movement that exists to “promote feminist ideals.” Furthermore, Girmscheid earned a seal of approval from “the only organization in the nation focused on recruiting, training, and electing Democrats with a background in science to public office.”
Earlier this year, the trio participated in a candidate forum hosted by Secular AZ—an anti-God club fixated on mythical interpretations of “separation of church and state.” During the interview, all three candidates gave a resounding “yes” to the question of reintroducing sex education curriculum. They agreed that PUSD educators should be discussing “reproductive health” and “consent” with students as young as 10 years old. There’s only one word to describe an adult who thinks about innocent children in this context: evil.
If Peoria residents want a school district that’s centered on safety, academics, and fiscal responsibility—Jeff Tobey and Janelle Bowles are the trustworthy candidates. We must reject any contender who will prioritize special interests above students, infringe upon parental rights, and plunge our education system further into darkness.
I’ve done my due diligence by bringing all this to your attention. Spread the word.
Positive education experiences from the 80s, 90s, and early 2000s are dwindling away. Today, students are facing unprecedented onslaughts of inappropriate attention and criminal behaviors at the hands of district representatives and staff members. Public schools are no longer safe for children. These government indoctrination camps now exist to create and perpetuate cycles of crises while producing a victimized citizenry that’s controlled by fear.
Child abuse is increasing at alarming rates as a growing number of educators and administrators commit atrocious acts against their students. These incidents range from emotional to psychological to illicit sexual encounters. In some cases, predators are impregnated by their victims and vice versa. If that’s not enough, Biden’s new Title IX regulations effectively remove privacy and safety barriers between males and females on school campuses.
According to a report from The Federalist, one in 10 students are sexually abused by teachers. These findings agree with a 2017 case study from the National Criminal Justice Reference Service that revealed 10% of K-12 students will fall prey to sexual impropriety by a school employee. Furthermore, CBSNews quoted an estimate from the Department of Education (DOE) that said “12% of all public school students in the United States experience sexual misconduct by the time they graduate high school.”
The Federalist declared:
“Every day millions of parents put their children under the care of public school teachers, administrators, and support staff. Their trust, however, is frequently broken by predators…in what appears to be the largest ongoing sexual abuse scandal in our nation’s history. Given the roughly 50 million students in U.S. K-12 schools each year, the number of students who have been victims of sexual misconduct by school employees is probably in the millions each decade…For a variety of reasons…elected or appointed officials, along with unions or lobbying groups…have fought to keep the truth hidden from the public.”
For clarification: Out of 50 million children enrolled in public schools each year—between five and six million are sexually abused by a teacher or district staff member! Unfortunately, these statistics most likely represent a mere fraction of sex crimes that are never reported or investigated.
According to CBS, Redlands Unified School District (RUSD) paid out over $45 million to settle multiple cases of child sexual abuse dating back to the late 1990s. The report said the district repeatedly failed to take action against predators on their payroll, opting instead to relocate these criminals to different schools or nearby districts. The CBS documentary “Pledge of Silence” further exposed RUSD’s cover up of rape and sexual abuse that occurred between 1999 and 2022.
The DOE is still investigating hundreds of sex crimes and Title IX violations that allegedly occurred on school campuses across the nation.
District policies and school libraries are breeding grounds for sexual grooming and child abuse. Parents Defending Education compiled a list of U.S. school districts that actively implement “transgender support plans” and similar gender-based practices. These programs serve as de facto policies and guidelines that enable government employees to engage minors in intimate conversations without parental knowledge or consent. Many students also have access to pornographic reading materials during educational hours.
Mesa Public Schools (MPS) Board President Marcie Hutchison and Superintendent Andi Fourlis have overseen an unknown number of social gender transitions via the district’s secretive transgender support plan. The plan—which was implemented in 2015 and includes a student’s choice of bathrooms—resulted in a recently dismissed lawsuit. Furthermore, a general search of the MPS virtual library reveals numerous LGBT-themed texts including:
Under the leadership of Superintendent Scott Menzel and a radical majority governing board, Scottsdale Unified School District (SUSD) supplies students with novels that depict young people as victims of rape, incest, sex trafficking, and graphic homosexual activities. The reality of these situations is irrelevant to the fact that parents/guardians have the authority to decide at what age or maturity level their children are introduced to these topics. The existence of such nasty books in K-12 schools draws attention to the motives of district officials who enable and entertain discussions about multiple sexuality disorders, sodomy, and prostitution among children.
The screenshot below features several titles with an “adult” interest level that appear available on SUSD’s virtual library page.
These examples don’t scratch the surface of what’s being forced on children through public education. We are witnessing a federally funded, trauma-infused, demoralization of the next generation. Not nearly enough parents are outraged by this tragedy. Not nearly enough students have been pulled from government indoctrination camps, though some promising trends are starting to emerge.
According to the Heritage Foundation’s “State Report Card,” Arizona ranks #1 for education choice and #2 overall in education freedom. The Washington Post said, “ESAs provide an average of $7,143 for parents of children leaving traditional public schools…Arizona spends about $13,500 per public school student; if everyone opted for ESAs, the state would save money.”
As leftist politicians work hard to demonize and destroy parents’ choice, it’s not recommended that families solely rely on ESAs. There may be more suitable and secure funding alternatives that can withstand volatile election cycles. Any amount of time spent researching this topic will be worthwhile. Still, as the door of opportunity stands wide open, we should do everything we can to intervene in the lives of our youngest, most vulnerable, and innocent members of society.
Parents: it’s not only your right, but also your responsibility to proactively defend your kids against the evil that’s manifesting in our education system. Use your authority to seize control of your child’s mental and physical health by removing them from dangerous, predator-infested public schools. You won’t regret the sacrifices you make to spare your sons and daughters from becoming the prey of wolves in teachers’ clothes.
Tiffany is the Founder of Restore Parental Rights in Education, a grassroots advocate for families, educators, and school board members. For nearly two decades, Tiffany’s creative writing pursuits have surpassed most interests as she continues to contribute to her blogBigviewsmallwindow.com. She encourages everyday citizens to take an active role in defending and preserving American values for future generations.