Arizona’s Republican Superintendent of Public Instruction and Democrat Attorney General are again at opposite ends of the state’s Empowerment Scholarship Account (ESA) program.
On Monday, Superintendent Tom Horne responded to Attorney General Mayes’ recent comments about the ESA program, setting his department’s record straight.
Earlier in the day, Mayes issued a press release to “provide information about rights forfeited leaving the public school system.” The Attorney General first addressed parents of children with disabilities, stating, “Families should not be denied admission or kicked out of private schools because of a child’s disabilities. To make matters worse, private schools often refuse to share the educational records behind those decisions Because Free and Appropriate Public Education (FAPE) and the Family Education Rights and Privacy Act (FERPA) don’t apply to private schools, families have no recourse under federal law. It’s important for Arizona families to be aware of the rights they give up when they leave the public school system.”
It’s important for Arizona families to be aware of the rights they give up when they leave the public school system with an education savings account.
— AZ Attorney General Kris Mayes (@AZAGMayes) July 24, 2023
Horne pushed back on the Attorney General’s notice, saying, “(Mayes) raised several issues, one of which centers on special education students. Under the ESA program, special education students receive the same funding as they would attending a public school.”
Mayes broached another issue on her consumer alert – this one about the ESA program and its vendors as a whole. The Attorney General’s Office wrote, “If using ESA funds for private school or schooling at home is the preferred educational choice, families should make sure they choose reputable schools and vendors. Even still, families should know that when they accept an ESA, they lose protections from discrimination related to a child’s learning abilities, religion and sexual orientation.”
— Arizona Attorney General's Office (@arizonaago) July 24, 2023
The Attorney General said, “As a mom, I know how important a child’s education is and I know that, as parents, we all want what is best for our children. I want families to know that if vendors or private schools take advantage of this, the Attorney General’s Office will investigate to the fullest extent of our authority.”
Horne didn’t leave this part of Mayes’ release alone either, making sure onlookers understood his administration is dedicated to following the law. Horne stated, “In regards to the other concerns raised, under my Democrat predecessor as schools chief, the law was not strictly followed and ESA funds were used for non-educational purposes. One of my first acts when I took office was to hire from the Arizona Auditor General an internal auditor for the Department of Education. This person makes sure that every ESA transaction is conducted according to the law and all funding is used appropriately. There have been significant protests against me from people who were used to the old lax system, but I am insisting that every law is strictly followed and that every penny of these funds is used for valid educational purposes.”
The state’s top prosecutor received accolades for her statements from at least one Democrat legislator, Representative Nancy Gutierrez, who tweeted, “Thank you Attorney General Mayes for making it clear that private schools do not give students and families the same rights as public schools.”
Thank you @AZAGMayes for making it clear that private schools do not give students and families the same rights as public schools. https://t.co/UQm3rxe0Vv
— Representative Nancy Gutierrez (@nancygforAZ) July 24, 2023
The Arizona school chief’s response to Mayes follows two other significant battles between the two since they entered office this past January. Just last week, Horne called a recent formal opinion from Attorney General Mayes on a Structured English Immersion law “ideologically driven.” He also pushed back against Mayes when she went on television to say 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.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A fight for the future of some federal grant dollars for Arizonans appears to be brewing.
Last week, John Thorpe with the Goldwater Institute sent a letter to Arizona Treasurer Kimberly Yee, expressing the organization’s “concern about Governor Hobbs’ purported cancellation of ESA-related grants that would enable children to attend all-day kindergarten” and urging Yee’s office “to go forward with the program as a legal obligation and for the sake of the parents.”
The Goldwater Institute’s letter references Hobbs’ action in May, which determined that “a $50 million grant made to the Treasurer in the final hours of the Ducey Administration is illegal and invalid.” Hobbs said at the time, “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.”
After receiving the governor’s notice earlier this year, Treasurer Yee released a statement, writing: “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. 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.”
Governor Hobbs has just denied thousands of Arizona kids access to kindergarten through this politically driven and belligerent decision.
— Arizona Treasurer Kimberly Yee (@AZTreasurerYee) May 25, 2023
In that statement, Yee also said that her legal team was “currently reviewing the lawfulness of the governor’s move and determining next steps.”
The Goldwater Institute’s June 14th letter to Treasurer Yee states that “on January 1, 2023, the Governor’s Office entered an Interagency Service Agreement with the Treasurer’s Office to provide up to $50,000,000 in federal grant money from the American Rescue Plan (ARPA), via the ESA program, to children in kindergarten starting with the 2023 academic year…In exchange for your office’s commitment to administer and report on the grant program, the Governor made a contractual commitment to provide the funds and to ‘work with’ your office ‘to establish a cadence whereby [the Governor] will transfer funding to [the Treasurer] to then disburse to grant program recipients.’ The Agreement was, and is, a legally binding contract.”
Thorpe’s letter also asserts that “nothing in the Agreement or in state law permits unilateral termination by the Governor,” calling Hobbs’ prior justifications “groundless,” adding that “the Governor has no right to simply cancel an agreement based on unfounded speculation that the agreement violates the law.”
The first-year Arizona governor had touted that by taking this action, her office had “adverted a violation of federal law and the State Constitution.”
The attorney for the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation also communicated that “we find it troubling that Governor Hobbs is attempting this rollback of the ESA program after a long history of campaigning against, and promising to end, the Legislature’s recent expansion of the Arizona Empowerment Scholarship program.” He continued, “Having already failed in her bid to defund the ESA program through the budget process earlier this year, it appears Governor Hobbs is attempting to cancel the all-day kindergarten grants, not in order to comply with state or federal law (as described above, the program is entirely lawful), but as part of a transparent effort to harm and undermine the ESA program wherever possible.”
In a supplemental post, Thorpe added, “It’s simple: the governor does not have a right to lawlessly renege on promises made to Arizona families. Goldwater will never stop fighting to empower parents, expand choices in education, and to hold government officials accountable – in Arizona and throughout the country.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Americans’ support for school choice is on the rise.
A recent poll from Real Clear Opinion Research showed that school choice has the support of 71% of the 1,000 registered voters who participated in that survey. This number was a seven-point increase from an April 2020 poll.
— Christine Accurso (@ArizonaCatholic) July 12, 2023
In this June 27-30 poll, support for school choice came from 80% of Republican voters, 66% of Democrat voters, and 69% of Independent voters. Though the Republican and Democrat support was up from April 2020, the 9% increase in favor from Independents was the most among the political parties.
NEW POLL: 71% of Americans support school choice.
April 2020: 64% —> June 2023: 71%
7 percentage point jump in support since April 2020.
IT'S HAPPENING.
— Corey A. DeAngelis, school choice evangelist (@DeAngelisCorey) July 11, 2023
The question presented to voters on the survey was as follows: “School choices gives parents the right to use the tax dollars designated for their child’s education to send their child to the public or private school which best serves their needs. Generally speaking, would you say you support or oppose the concept of school choice?”
The CEO of American Federation for Children, Tommy Schultz, lauded the news about the growing support for school choice around the country, saying, “School choice support is here to stay, and politicians who ignore this reality do so at their own peril. Parents are the new interest group in town, and legislators would be wise to keep responding to their needs. The days of the old one-size-fits-all model are numbered, welcome news for the countless students who need something different to learn and thrive. AFC is thrilled to continue standing behind parents as they gain more options for their children’s education.”
Arizona has been at the front lines of the surge in school choice support. Last year, the Republican-led Legislature passed a historic expansion of the state’s Empowerment Scholarship Account (ESA) Program, allowing any child in K-12 to apply. According to a June 30 update from the Executive Director of the ESA Program, Christine Accurso, 62,005 Arizona students have now been enrolled.
That same update also showed that the program, under the direction of Republican Superintendent of Public Instruction Tom Horne, had largely caught up with the backlog and influx of reimbursements to ESA account holders. As of June 30, the ESA Program only had 1,195 Reimbursement Orders in the queue – down from 24,409 on February 8.
When asked about the increasing support for school choice in Arizona and around the nation, Superintendent Horne told AZ Free News, “We have a lot of excellent public schools in Arizona. But no matter how good a public school is, it may not be able to meet the needs of all students. Rich parents have always had the ability to choose the best school to meet the needs of each of their children and people at all economic levels should have the same ability. In addition, competition improves public schools. The United States has been prosperous, and the Soviet Union was poor, because we had competition which drives people to do their best, while they were a government monopoly. As they used to say in Poland, ‘We pretend to work, and they pretend to pay us.’ The same applies in education. Competition causes everyone to do better.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
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)…
An Arizona Democrat leader is receiving pushback for his selective cropping of a memo from the Arizona Department of Education.
On Tuesday, Christine Accurso, the Executive Director of the ESA Program for Republican Superintendent of Public Instruction Tom Horne’s administration, submitted “the annual estimate of the amount required to fund empowerment scholarship accounts” to the Joint Legislative Budget Committee for the 2024 fiscal year.
Accurso’s estimate concluded “that the projected enrollment by the end of Fiscal Year 2024 will be at 100,000 students with roughly $900,000,000 necessary to fund them.”
Andrés Cano, the Democrat Leader in the Arizona House of Representatives, tweeted out the memo – up until the point where Accurso shared the price tag of the program. He added. “without reform, Empowerment Scholarship Accounts will bankrupt our state & our public schools.”
BREAKING: The AZ Dept. of Education is predicting that the state's GOP taxpayer-funded private school voucher program will grow to 100,000 students in '24 at a whopping $900M per year!
Without reform, Empowerment Scholarship Accounts will bankrupt our state & our public… pic.twitter.com/bn4fiuNWBk
Cano left out the last paragraph of the memo, where Accurso wrote: “We have made this projection with the help of our Chief Auditor, John Ward who conducted the analysis. It is important to note that we currently have 57,886 students in the program. For budgeting purposes, it is also important to note that many of the students that are enrolling now are coming from the public school system, which in the end saves the state money because the empowerment scholarship accounts are funded at a lower percentage than the state aid for a pupil in the public school system.”
One of the top school choice advocates in the country, Corey DeAngelis, highlighted the omission from Cano, tweeting, “hey why did you cut off the end of the letter.” DeAngelis included an image of the entire memo.
— Corey A. DeAngelis, school choice evangelist (@DeAngelisCorey) May 31, 2023
He also asked, “how much would those same students cost in the government schools?”
how much would those same students cost in the government schools?
— Corey A. DeAngelis, school choice evangelist (@DeAngelisCorey) May 31, 2023
Jason Bedrick, a Research Fellow at the Heritage Foundation, also weighed in, stating, “$900M is about 1% of the state’s $80.5 billion budget – and the ESA costs about half as much per pupil as the public school system. The sky isn’t falling.”
$900M is about 1% of the state’s $80.5 billion budget — and the ESA costs about half as much per pupil as the public school system.
Grant Botma, a best-selling author also shared his thoughts on Cano’s charge, posting, “The Arizona Auditor General report shows the public school system spends $10,729 per pupil. The $900,000,000 divided by 100,000 from your image is $9000 per student. That is a $1,729 savings. How would that “bankrupt our state”?
The Arizona Auditor General report shows the public school system spends $10,729 per pupil (https://t.co/xyd6BwG1dv). The $900,000,000 divided by 100,000 from your image is $9000 per student. That is a $1,729 savings. How would that "bankrupt our state"?
Members from both sides of the political aisle at the Arizona Legislature quickly piled onto Cano’s controversial tweet. On the Republican side, Representative Jacqueline Parker commented, “This is GREAT! But not enough yet. $900 million is a drop in the bucket to the other $7+BILLION spent on the useless indoctrination camps that are ‘government schools’. Until ESA’s are pulling at LEAST $5 Billion from government schools, our job is not yet finished.”
This is GREAT! But not enough yet. $900 million is a drop in the bucket to the other $7+BILLION spent on the useless indoctrination camps that are “government schools”. Until ESA’s are pulling at LEAST $5 Billion from government schools, our job is not yet finished. https://t.co/IFoomnj7A8
— Rep. Jacqueline Parker (@electjacqparker) May 31, 2023
Representative Joseph Chaplik tweeted, “Simply not true. Just like the state doesn’t fund K-12 enough. This same lie is getting old fast!”
Simply not true. Just like the state doesn’t fund K-12 enough. This same lie is getting old fast! https://t.co/UNiq7namZo
— Rep. Joseph Chaplik 🇺🇸 (@JosephChaplik) May 31, 2023
On the Democrat side, Senator Priya Sundareshan wrote, “During the last few months we were getting estimates that the cost to the state of the universal voucher program had increased to $600M, instead of the $30M originally promised when they passed it last year. Now we see it has already grown to $900M. How high will it climb??”
During the last few months we were getting estimates that the cost to the state of the universal voucher program had increased to $600M, instead of the $30M originally promised when they passed it last year.
— AZ Sen. Priya Sundareshan (@priya4az) May 31, 2023
Twitter provided a community note to provide context for Cano’s tweet: “Cano has cropped out the portion of the letter which explains how this program saves the state money. The cropped out portion directly counters his claim that this program will ‘bankrupt our state.’”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
