On Wednesday, the State House Ways and Means Committee passedlegislation establishing school choice for all parents who choose to use it. The 6-4 approval marks a historic advancement for expansion of the state’s school choice program, Empowerment Scholarship Account (ESA).
The legislation, HB2853, comes from State Representative Ben Toma (R-Peoria) about 11 years after the ESA Program launched.
I just introduced legislation to provide every Arizona child the ability to go to the school of their family’s choice. #HB2853pic.twitter.com/9uoU3UN7GZ
Bipartisanship was far from the committee during discussion of this bill. Democrats insisted that voters in the past rejected universal ESA expansion, that families would spend their ESA dollars frivolously or wastefully, that there weren’t enough regulations on non-public schools, and that public schools would be bled of crucial funds. Republicans insisted that post-pandemic voters support universal school choice, and that parents knew what was best for their children and would choose accordingly.
Toma challenged the idea that Arizona’s public schools were underfunded, something that Democrats like State Representative Kelli Butler (D-Paradise Valley) and Arizona Education Association (AEA) President-elect Marisol Garcia testified. Toma asked for a definitive number that constituted “fully funded.” Garcia suggested that outranking other state’s funding totals would constitute “fully funded.” In response, Toma pointed out that education funding increased by 48 percent during his tenure in the legislature, adding that much of those funds didn’t end up in teacher’s salaries.
State Representative Brenda Barton (R-Payson) concurred with Toma’s assessment, saying that in her 11 years she’s never gotten a hard answer from any public school proponents or officials of what “fully funded” meant for them.
Chairwoman Shawnna Bolick (R-Phoenix) estimated 25,000 students might utilize the ESA program if expanded under HB2853.
“If we’re helping a student get a lifeline, at the end of the day I’ll actually know we’re doing a good job as a legislature,” said Bolick.
Several Democrats insisted that they wanted to see long-term data on ESA students’ performance rates. Toma said there wasn’t a way to issue a fair comparison of those students because a majority of current users had disabilities, and comparing performance across different disabilities wasn’t an “apples to apples” comparison.
"Arizona has really been a leader on school choice …
"Some of our friends on the left are going to make the argument that the government should be the arbiter and the decider of where children go to school — and I respectfully disagree."
State Representative Pamela Powers Hannley (D-Tucson) argued that program effectiveness could still be measured through methods like sheer counts of private and charter school students.
“I think it’s important to know how many students are enrolled across the state because this is state money,” said Powers Hannley.
There are about 1.1 million charter and public school students.
State Representative Mitzi Epstein (D-Chandler) compared private schools to Walmart stores, insinuating that they were a less desirable option that communities were stuck with. Epstein also challenged why taxpayers should have to pay for children to visit the school they desire.
As a rebuttal for worry over potential private waste of public dollars, Toma pointed out the controversy over Buckeye Elementary School District paying its superintendent over $1.7 million in “additional compensation” from 2016 to 2021. Toma doubted that one individual’s misuse of ESA funds would reach that amount. He added that whenever people are involved, misuse is bound to happen.
“There are issues with any sort of system in which human beings are involved,” said Toma. “Fraud [with ESAs], if there is fraud, is less than one percent.”
In an attempt to cite waste of school funds, Butler listed allowable ESA expenditures she found objectionable, such as a bouncy castle and a tonal home gym costing thousands of dollars. Both Bolick and Toma reminded Butler that the Arizona State Board of Education (SBE) and the Arizona Department of Education (ADE) approved the handbook, clarifying further that Superintendent Kathy Hoffman’s office was responsible for writing it.
The two GOP legislators suggested that their Democratic peer take up her grievances with Hoffman.
Bolick also noted that bounce houses are within individualized education plan (IEP) parameters for curriculum-related therapies. Butler said that was besides her point. She went on to claim the state can’t afford to give every special needs child in the state their own bounce house for several hundred dollars — rather, schools should just purchase one for all special needs students. Butler called the tonal home gym “beyond the pale,” at which point Bolick cut her off for “beat[ing] a dead horse.”
Bolick and Butler contended over whether the entirety of Arizona’s 1.1 million charter and private school students would actually use ESAs.
Butler referenced access to ESA funds as “debit cards” repeatedly, to which Toma and Cobb objected. They, along with Bolick, explained to Butler that she was referring to an outdated system. They also contended with Butler’s attempted characterization of ESA funds as “thousands of dollars in a bank account.” At that point, Bolick suggested again to Butler that she seek out instruction from Hoffman about how the ESA Program works currently.
Among those to testify in favor of ESA Program expansion was Jennifer Clark, a mother of five. She explained that ESAs have helped several of her children with special learning needs like dyslexia and disabilities.
Clark further described how the public school system was currently failing her daughter with its stalled processing of her educational needs. She insisted that HB2853’s allowance for outside assessments would expedite solutions for situations like her daughter’s.
“All Arizonan families deserve equitable access to ESAs regardless of their income or zip code,” said Clark.
Drew Anderson, a South Phoenix Democrat and pastor, pointed out that the majority-white crowd protesting with the likes of Save Our Schools against the bill didn’t represent or understand the needs of minority parents — especially those in inner city schools like the Roosevelt School District.
“I don’t see anybody screaming ‘save our schools’ in south Phoenix,” said Anderson. “I hear them screaming ‘save our children.'”
Anderson described how inner-city children in his area, many from the Roosevelt School District, had to do school at McDonalds during the pandemic because they didn’t have internet at home.
The pastor then explained that one of his church members admitted to selling drugs on the side to get his siblings out of public schools. Their mother is deceased, Anderson explained, and one of the man’s younger sisters was attacked by a group of 14-year-old girls at her school.
“He had to find whatever means he could to try to get his brothers and sisters into private schools. He’s putting his freedom on the line to do that,” said Anderson. “Why is it that the rich kids can afford to go to these better schools, but these poorer kids can’t?”
HB2853 would empower parents with access to taxpayer funds already allocated for their students to apply to the schooling of their choice. The bill would appropriate $2.2 million and 26 full-time equivalent positions from the state general fund in 2023 to the ADE.
HB2853 would also enable ESA funds to be used for public transportation; computer hardware; educational technology like calculators, personal computers, laptops, tablets, microscopes, telescopes, and printers; consumable educational supplies like paper, pens, and markers; and additional disability services and education plan costs.
As for enrollment eligibility, the legislation would reduce the number of hours needed for K-12 online students to qualify by about half. It would also require students in grades 3-12 take nationally standardized tests, which may be swapped out for exams chosen by parents or qualified schools. Students with disabilities would be exempted from that examination requirement. Additionally, qualified schools with 50 or more ESA students must issue the aggregate test scores of all enrolled students or all ESA students annually.
Furthermore, the bill would expand the appeal deadline to 15 business days, and allow parents to represent themselves or designate non-attorney representatives in appeals hearings.
If passed as introduced, HB2853 includes a retroactivity clause rendering it effective as of July 1 of this year.
HB2853 angered school choice opponents. They claimed that the bill would rob public schools of their funding and award it to private schools and special interests.
No. You just introduced legislation to rob public schools at the bidding of private schools & special interests. You are expanding unaccountable entitlement programs for the wealthy, while AZ public schools remain LAST in the nation in funding 😡#NoNewVouchers#NoHB2853https://t.co/qPsD8SKZuS
At the time of press, GOP gubernatorial candidates Matt Salmon and Karrin Taylor Robson signaled support for HB2853.
Freedom is the foundation of any successful educational system.
Every parent across AZ deserves the opportunity to choose the school that best fits their children's individual needs, and they should be able to take their tax dollars with them. #HB2853https://t.co/3ISEBsFgwRpic.twitter.com/q1mHdXksvu
AZ has been a school choice leader for decades. #HB2853 will expand opportunity for every student & vault our state to the front of the educational freedom movement. As Governor, I look forward to build upon this legislation for years to come. #AZgovhttps://t.co/auSuQ52s5c
— Karrin Taylor Robson for Arizona (@Karrin4Arizona) June 15, 2022
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
In a party-line vote on Wednesday, the Arizona Senate approved a bill to expand the state’s K-12 school choice scholarships: the Arizona Equal Opportunity Education Act.
SB1657 expands Empowerment Scholarship Account (ESA) program eligibility by allowing more classifications of students to participate. That includes those with: disabilities identified by public school systems in other states; a parent that is a veteran, first responder, or full-time health professional; income that qualifies for federal free and reduced-price lunch programs; a household that receives benefits from Supplemental Nutrition Assistance Program, Temporary Assistance for Needy Families, or Section 8 Public Housing Assistance; participation in federal Title I services for low-income students under the Every Student Succeeds Act (ESSA); residence in the attendance boundary of a school that qualifies for schoolwide Title I Program funding under ESSA or whose governing board submitted a plan to the School Facilities Oversight Board within the last two years requesting additional construction or funding due to exceeding existing capacity; or current or past participation in the Education Recovery Benefit Program, Open for Learning Recovery Benefit Program, or any successor state grant program. It also would entitle participating children to access Classroom Site Fund (CSF) dollars.
Additionally, permissible ESA expenditures would include public transportation services; educational devices such as calculators, laptops, telescopes, microscopes, and printers; and consumable educational supplies like paper, pens, and markers. The legislation also ensures that school districts cover expenses for independent educational evaluation from qualified examiners obtained by parents, like psychiatrists.
American Federation for Children (AFC) Arizona State Director Steve Smith asserted on “The Conservative Circus” that the legislation marked the largest expansion of school choice in state history. Smith cited polling numbers that 78 percent of minorities in Arizona support school choice.
“I’m still trying to figure out why Democrats voted against this,” remarked Smith. “We’re talking about the kids that need the help the most, the Democrats — who I’m told over and over again are always helping the downtrodden — continue to vote no.”
Smith called out the three House Republicans who killed a similar bill last year to expand school choice: State Representatives Michelle Udall (R-Mesa), Joanne Osbourne (R-Goodyear), and Joel John (R-Buckeye).
Steve Smith, the Arizona State Director of the American Federation for Children, discusses the largest expansion of https://t.co/ojUCfBTtWB
State Senator Paul Boyer (R-Glendale), the bill sponsor, argued in last week’s Senate Education Committee that opposition to the bill concerning a reduction in public school spending was reducing children to dollar signs. He cited that Arizona has invested over $8.6 billion into public education since 2016, and that the state set an all-time record with its latest per-pupil spending: well over $14,000.
“I can’t tell a parent, ‘Sorry, we haven’t done enough on the funding side,’ when we really have. And at one point we have to say, we have to let every child who wants to go to the school of their choice, they should have that opportunity, too,” said Boyer.
Boyer insisted that the greater issue at hand was allowing parents to choose the best educational options for their child.
As AZ Free News reported, the legislation earned the backing of NFL Alumni Association chaplain and Phoenix-based pastor Drew Anderson; he credited school choice for his escape from the school-to-prison pipeline. Anderson insisted that school choice defined a “civil rights movement of our era.”
BREAKING: Arizona Senate just passed a bill to fund students instead of systems.
NFL Alumni Association chaplain and Phoenix-based pastor Drew Anderson addressed the Senate Education Committee in favor of a bill to expand Arizona’s school choice system, SB1657, calling school choice the “civil rights movement of our era” and condemning the modern K-12 public school system as “educational slavery.” He insisted that the current education system fails the black and brown community.
“There is nothing more important to humanity right now than school choice,” said Anderson. “In 1865, it was an unpopular decision for a lot of legislators to get together to end a system that was as American as apple pie,” said Anderson. “But here we are in 2022, asking a group of legislators once again to make an unpopular decision, which is to end educational slavery.”
SB1657 would expand eligibility for Arizona’s school choice system, the Empowerment Scholarship Account (ESA) program, by allowing students with: disabilities identified by public school systems in other states; a parent that is a veteran, first responder, or full-time health professional; income that qualifies for federal free and reduced-price lunch programs; a household that receives benefits from Supplemental Nutrition Assistance Program, Temporary Assistance for Needy Families, or Section 8 Public Housing Assistance; participation in federal Title I services for low-income students under the Every Student Succeeds Act (ESSA); residence in the attendance boundary of a school that qualifies for schoolwide Title I Program funding under ESSA or whose governing board submitted a plan to the School Facilities Oversight Board within the last two years requesting additional construction or funding due to exceeding existing capacity; or current or past participation in the Education Recovery Benefit Program, Open for Learning Recovery Benefit Program, or any successor state grant program.
The Senate Education Committee passed the bill along party lines, 5-3. Even Anderson’s testimony on how the current education system fails the children of his community, and how school choice initiatives helped him escape a life of crime, poverty, and even early death wasn’t enough to persuade the three committee Democrats.
State Senator Paul Boyer (R-Glendale), the bill’s sponsor, explained that voters overwhelmingly showed bipartisan support for school choice expansion.
“I just have to mention this — and I don’t normally talk about voters in the chamber — but it’s been brought up twice now,” stated Boyer. “I have a poll from last year, Signal, considered the most accurate pollster by the New York Times. Once voters heard the description of this particular bill last year, they supported this. Seventy percent support. That was last year. This year, again when the particulars of this program were described, 74 percent. It’s an increase of four percent just this year, with strong majorities among Republicans, Democrats, and Independents. This is simply what the public wants and what the parents want.”
During his testimony, Anderson challenged the rhetoric that systems needed to end and funding needed to increase or be left untouched, pointing out that the current system of public funding trapping and hurting minority children was steeped in financial self-interest. He said that the school-to-prison pipeline was the elephant in the room.
“We have school districts who sit and complain about losing funding while all these black and brown kids are going to prison. Nobody complains about public funds going to private prisons to incarcerate black souls, but everybody wants to complain about public funds going to educate black minds,” asserted Anderson. “Why is it okay for public dollars to go to private prisons, but it’s not okay for public dollars to go to private schools?”
Anderson argued further that the $31,000 spent by the state on each prisoner could be mitigated by allowing the $15,000 it would take to offer a student school choice.
“We need a lifeline in the black community right now,” said Anderson. “In 1864 we were chained to plantations, but in 2022 we’re chained to failing schools.”
Boyer asked if Anderson had personally seen ESAs help minority children. Anderson revealed that he had, and was also one of those children who benefited from school choice. The pastor described how he was able to avoid being recruited for selling crack cocaine because he received a scholarship to attend an elite private school in Chicago, Illinois — one that his mother couldn’t dream of affording, though she worked three jobs. Anderson recounted how that education set him on a path to playing for the NFL and eventually earning enough money to ensure his mother didn’t have to work again. Anderson added that of his five childhood friends, three were in prison and two were dead by the time he graduated high school.
“I’m not here because of what I heard. I’m here because of what an ESA did for me,” explained Anderson. “We talk all the time about funds, we talk all the time about test scores. You know what we need to talk about? These private schools that are offering our black and brown kids a 98 percent graduation rate and a 90 percent continuation rate. I’m not worried about an AzMerit score. To hell with that! What I’m worried about is, if I send my kid to Brophy [Preparatory School], 98 percent of those kids are graduating. If I send my kid to Brophy, 90-odd percent of those kids are going to college. Men lie, women lie, but numbers don’t.”
Senator Theresa Hatathalie (D-Coal Mine Canyon) expressed concern that there weren’t accountability measures for the academic progress of ESA students. Boyer reiterated what Anderson pointed out: that private schools have better graduation rates and other indicators of success than public schools have shown.
Anderson brought up data that the graduation rates at Historically Black Colleges and Universities (HBCUs) were higher for students coming from private schools than those from public schools. He said that it wasn’t just about the success metrics, but safety. Anderson described how, just that morning, he witnessed eight black elementary school children exposing themselves to danger because they had to walk to their public school in South Phoenix before daybreak.
“If you’re going to a school where 98 percent of the people are graduating, there’s no other proof, there’s no other test you could give somebody to say the school is succeeding,” said Anderson. “I’ve never watched the news and it says, ‘Harvard graduates rob Circle K, details at six.’ That’s not what you see. But what you do see is, ‘South Mountain High School dropout mugs lady, details at six.’ So instead of test scores, why don’t we worry about graduation rates and continuation rates? If black and brown kids are going to college, that means they’re not going to penitentiaries.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Another data breach in two years has Empowerment Scholarship Account (ESA) holders wondering if their information is secure with the Arizona Department of Education (ADE). This past week, it was discovered that the state’s contracted payment platform for ESA funds, ClassWallet, had allowed users to search for other ESA account holders and view their names and email addresses.
In a letter sent to ESA holders, ESA Program Director of Communications and Engagement Sarah Raybon explained that they became aware of the data breach last Friday. Raybon assured ESA holders that ClassWallet would resolve that feature over the weekend.
“Today, our team became aware of an issue in ClassWallet portal’s search feature that allowed account holders to view the names and email addresses of other account holders,” wrote Raybon. “Upon discovery, we immediately contacted the Treasurer’s Office (who holds the ClassWallet contract) and we spoke to ClassWallet directly. We have been advised that ClassWallet engineers will be working over the weekend to get this fixed.”
During the Arizona State Board of Education’s meeting last week, parents questioned why a violation of federal law was happening again. They pleaded with the members to remedy these issues sooner rather than later. One ESA parent, Kelly Pichitino, admonished ADE for not cleaning up their act and ensuring any contract holders follow federal law after last year’s data breach.
“I would like to know why, for a second time, my child’s name is available for a stranger to view along with my personal information?” asked Pichitino. “[I] would think that the department would invest a little more thought and care, time and accountability into their actions.”
Further public commentary at the meeting also focused on other issues with the ESA system, such as inappropriate or incompetent staff behavior, apparently arbitrary denial of funds for educational needs, little to no communication and transparency, and relentless rule or policy changes.
These issues were also detailed in written comments, which are available here.
This isn’t the first time that ADE has compromised ESA members’ information unintentionally. As Arizona Capitol Times discovered and reported last January, the ADE failed to properly redact the personally-identifying information of all ESA account holders when fulfilling a public records request to three requestors, one of which was a group that actively campaigns against ESAs: Save Our Schools Arizona (SOSAZ).
Exposed information included parents’ first and last names, email addresses, the grade of their student(s), and any disabilities if a particular student had special needs.
The Arizona Department of Education (ADE) downplayed the data breach, saying that only “some” personal information was shared inadvertently.
“In the course of fulfilling a public records request to three individuals, the Arizona Department of Education (ADE) inadvertently disclosed some personally identifiable information belonging to Empowerment Scholarship Account holders,” stated ADE. “ADE redacted the document subject to the public records request but failed to secure the integrity of the redaction prior to sending the data, and the document was able to be manipulated to reveal private information.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
25 Arizona House and Senate Republicans led by freshman State Representative Jake Hoffman (R-Phoenix) called for Governor Doug Ducey to do something about the school districts defying state law with their mask mandates. The news release on Wednesday revealed that Republican legislators have urged Ducey privately to take action, to no avail. This public statement appears to be their next step in convincing Ducey to enforce the law.
It’s been over a week since the first school district called a mask mandate: Phoenix Union High School (PXU). Other schools followed suit soon after: most recently, Flagstaff Unified School District (FUSD). Ducey hasn’t taken action – though his spokespersons have relayed Ducey’s finger-wagging statements of disapproval in response to those school districts.
The legislators proposed that Ducey respond to the districts’ actions by withholding federal funding, authorizing temporary Empowerment Scholarship Accounts (ESAs) for families, inform families of the law, and take legal action.
Hoffman’s statement explained that the ban on mask mandates included a retroactivity clause that puts it in effect – contradicting school districts’ insistence that the law can’t take place until 90 days after the end of the legislative session, per Arizona statute. He noted that the school districts’ behavior undermined lawful government and bordered on anarchy.
“Under Arizona’s constitutional form of government, local governments do not have the authority or power to usurp state law simply because they disagree, yet that is precisely the kind of illegal activity in which many local governments are presently engaged. The Arizona legislature, with the Governor concurring, very intentionally enacted the laws at hand to protect Arizonans and Arizona children from the threat of government mandating them to wear a mask or be injected with a vaccine,” wrote Hoffman. “A resounding message must be delivered to any local government or subdivision of the state considering defying state law – lawlessness will not be tolerated.”
House Speaker Pro Tempore Travis Grantham (R-Gilbert) signed onto the statement admonishing Ducey. He told AZ Free News that he also supports law enforcement stepping in to enforce the law. Grantham hinted that this debacle sparked a legislative priority for next year – adding more teeth to legislation.
“It’s unfortunate that some of our government-funded schools have chosen to blatantly ignore state law and the will of the majority of Arizonans by instituting mandates regarding students wearing face coverings,” relayed Grantham. “I support executive action by the governor to include withholding of taxpayer dollars and expansion of school choice funding options giving more educational choices to parents. I also support any efforts by law enforcement to enforce state law and I encourage parents and teachers to follow state law when sending their children to school and when on school grounds. Next year I will make it a focus to hold those who violate state law accountable and ensure appropriate funding reductions are in place for districts that purposely violate the law.”
State Representative Joseph Chaplik (R-Scottsdale) also signed onto the statement. He reiterated to AZ Free News that disagreement with the law isn’t justification for violation of it. Chaplik wrote the legislation that effectively banned mask mandates in schools. He, too, asserted that the power to act is in Ducey’s hands.
“Just because some don’t agree with policy and law, we should not disrespect and violate it while also teaching children these illegal tactics,” said Chaplik. “We passed this policy due to the inconsistencies of results with mask use and the unknown long term health issues that can impair our children. We need to stop this madness. The legislature did its job and now the executive branch needs to enforce the law.”
As of press time, Grantham and Chaplik said that they haven’t seen or heard any responses from Ducey.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
