by Daniel Stefanski | Aug 9, 2023 | News
By Daniel Stefanski |
Another week brings another school choice battle between Arizona’s Governor and Superintendent of Public Instruction.
On Monday, the state’s schools chief, Tom Horne, issued a statement to continue to push back against Governor Katie Hobbs political assaults over the historic Empowerment Scholarship Account (ESA) program, calling her recent attacks “unfounded.”
The release touted an “independent analysis by education analyst, Dr. Matthew Ladner, of how much the ESA program will cost, showing the dire predictions made by Governor Hobbs and other opponents of the program are incorrect.”
Last month, Governor Hobbs’ Office issued a memo, highlighting that the ESA program “would cost the state over $943 million, with over 53% of all new K-12 education spending going towards only 8% of Arizona students.” Hobbs stated, “The universal school voucher program is unsustainable. Unaccountable school vouchers do not save taxpayer money, and they do not provide a better education for Arizona students. We must bring transparency and accountability to this program to ensure school vouchers don’t bankrupt our state. I’m committed to reforming universal vouchers to protect taxpayer money and give all Arizona students the education they deserve.”
Horne has been extremely proactive in responding to all of Hobbs’ attacks on the ESA program, and the fight over the veracity of the Governor’s memo has been no exception. Horne wrote that the author of the analysis, Dr. Ladner, “has studied the issue thoroughly and without political bias. His analysis should be read to reassure taxpayers the ESA program saves tax dollars and is sustainable.”
The Republican schools chief concurred with Dr. Ladner “that the costs of the ESA program will never be $943 million.” However, he pointed out that “even if it were, that would be only about one percent of the fiscal 2022 state budget of $80.5 billion.”
He then took two routes to defend his argument that the cost of the state’s ESA program would not reach the controversial $943 million mark. First, Horne reasoned that “taxpayers pay both state and local taxes. Combined they contribute about $13,000 per student for every student in public school. If a student leaves a public school for a private school, and obtains a payment from ESA of $7200, that is a savings of about $6000 per student to the taxpayers.”
Second, Horne argued that “if the student was never in a public school but was already in a private school when the ESA program was adopted, there is still a benefit to the state for the following reasons: many students in private schools are beneficiaries of the tax credit available for contributors to the student’s tuition. If they choose to take the $7200 from the ESA program, they have to give up that tax credit. This increases revenues to the state, because the tax liability that previously was erased by the tax credit now has to be paid to the state.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jul 19, 2023 | Education, News
By Daniel Stefanski |
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.”
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.
by Corinne Murdock | Jul 7, 2023 | News
By Corinne Murdock |
Governor Katie Hobbs has rejected a request made by 12 of Arizona’s 15 county attorneys to rescind her executive order taking away their authority to enforce abortion law. The county attorneys submitted a letter to the governor on Monday. The county attorneys issued a Friday deadline for her response.
The governor issued an executive order last month stripping county attorneys of their ability to enforce abortion law. Hobbs bestowed that responsibility onto Attorney General Kris Mayes, who has already said she plans on ignoring the law.
Abortion is banned after 15 weeks’ gestation in Arizona.
The letter pointed out that Hobbs’ action undermined the duty and discretion of the county attorneys to enforce the law.
“The governor’s office should not interfere with the discretion of prosecutors in fulfilling their duties as elected officials,” stated the letter. “Whether this was the intended purpose, the result [of the executive order] is an unnecessary and unjustified impingement on the duties and obligations of elected county attorneys in Arizona.”
The county attorneys also contested that Hobbs had usurped authority that didn’t belong to her.
“This executive order results in an exercise of authority not vested in the governor’s office,” read the letter. “It is a substantial overreach to suggest the governor may strip away prosecutorial discretion from local, elected officials.”
READ THE LETTER HERE
Hobbs’ new communications director, Christian Slater, tweeted in response that Hobbs’ assuming control over the judiciary in an effort to undermine the current law was part of her putting “sanity over chaos.” Slater labeled those opposed to abortion as “extremists.”
“Governor Hobbs will continue to use her lawful executive authority to put sanity over chaos and protect everyday Arizonans from extremists who are threatening to prosecute women and doctors over reproductive healthcare,” wrote Slater.
Hobbs issued the executive order one day before the one-year anniversary of Dobbs v. Jackson Women’s Health Organization — the Supreme Court (SCOTUS) decision that overturned Roe v. Wade. Hobbs’ order revoked the authority of county attorneys to prosecute abortion-related cases, and passed that authority onto Mayes.
Hobbs called abortion a “fundamental right,” the existence of which she claimed was paramount to freedom.
“I signed an Executive Order protecting Arizonans’ reproductive freedom,” said Hobbs. “I will not allow extreme and out of touch politicians to get in the way of the fundamental rights of Arizonans.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Jul 7, 2023 | News
By Corinne Murdock |
Arizona House Speaker Ben Toma (R-LD27) told Gov. Katie Hobbs to rescind her executive order banning conversion therapy for minors.
In a letter sent on Monday, Toma advised Hobbs that the order was likely unconstitutional since it wasn’t enacted via the legislature. Toma further warned that the order could violate the Parent’s Bill of Rights as well as the Arizona Constitution.
“Although other states have enacted laws banning conversion therapy, those states have that policy choice through the legislative choice. Your executive order is an improper exercise of your authority,” stated Toma. “The far-reaching mandates of your executive order also threatens to violate the Parents’ Bill of Rights […] and Arizonans’ constitutional rights, including patients’ rights to freely speak with their therapists[.]”
Toma further criticized the governor for her definition of “conversion therapy,” which he asserted was “unprecedented, vague, unintelligible, and unenforceable.” The main reason for this, Toma asserted, was because Hobbs’ team came up with it themselves.
“[T]he executive order’s ban on ‘conversion therapy’ is a ban defined by your administration alone — bearing no resemblance to the laws of other states,” stated Toma. “State agencies directed to implement your executive order cannot even begin to understand what constituted a banned ‘conversion therapy.’”
In one of two executive orders related to LGBTQ+ issues last week, Hobbs banned state or federal resources to promote, support, or enable any conversion therapy. The governor defined conversion therapy as the following:
“‘Conversion therapy’ means any practice or treatment that seeks or purports to change an individual’s non-heteronormative sexual orientation or non-cisgender identity, including efforts to change behaviors or gender expression, under the false premise that homosexuality and gender-diverse identities are pathological. This does not include gender-affirming care.”
The states that banned conversion therapy through legislative statute are New Jersey, California, Oregon, Illinois, Vermont, New Mexico, Connecticut, Rhode Island, Nevada, Washington, Hawaii, Delaware, Maryland, New Hampshire, New York, Massachusetts, Colorado, Maine, Utah, Virginia, Michigan, Minnesota, North Carolina, Wisconsin, and Pennsylvania enacted conversion therapy bans via executive orders.
Federal courts in Florida have twice ruled against similar bans — in November 2020 in February — as unconstitutional under the First Amendment.
In her executive order, Hobbs cited general consensus from the American Medical Association, American Academy of Pediatrics, American Psychological Association, American Psychiatric Association, American Academy of Child and Adolescent Psychiatry, American Counselor Association, and the National Association of Social Workers that conversion therapy poses a danger to minors.
The governor also cited a duty to use taxpayer funds on fiscally sound, safe, credited, effective, and evidence-based practices.
The other executive order expanded state employee health care plans to cover gender transition surgery.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Daniel Stefanski | Jul 6, 2023 | News
By Daniel Stefanski |
One of Arizona’s leading Republicans is seeking a meeting with the state’s chief executive over her recent actions over abortion.
Senate President Warren Petersen sent a letter to Democrat Governor Katie Hobbs, hoping to broker a meeting and a solution to the standoff the state finds itself in over consideration of her remaining nominations.
Petersen wrote, “I’m troubled by your recent administrative actions. My constituents and Senate colleagues are concerned by the slew of Executive Orders you have recently issued while we are in recess. These questionable actions and the role of your agency Directors, many of whom the Senate has yet to confirm, is worth discussion.”
The Senate President continued with his letter, requesting a meeting with the governor, stating, “While I believe it would have been productive for you to meet with my colleagues on the nominations committee who requested a meeting, I think a conversation between the two of us would be productive. Let’s see if we can find a way to move forward in a bipartisan manner that benefits all of Arizona.”
This plea from the east valley lawmaker follows a volley of reactions from both Republicans and Democrats after the governor’s Executive Order to “centralize all abortion-related prosecutions under the Attorney General to ensure differences in applications of the law by county attorneys do not restrict access to legal abortions.” Senator Jake Hoffman, the Chairman of the Committee on Director Nominations, announced that he was canceling the next hearing “with support of the Republican Majority serving on the committee to determine Hobbs’ future intentions to further act beyond her authority.”
The three Republican members of the committee – Hoffman, Sine Kerr, and T.J. Shope – requested a meeting with the Hobbs’ administration “to discuss any additional unlawful overreach (her) office intends to take requiring complicity from Executive Directors,” telling the governor that they have “grave concern that the direction (she) intends to provide to (her) nominees will not allow them to fulfill this obligation (of thoroughly and objectively evaluating nominees for their commitment to execute Arizona laws, rather than create new public policies that conflict with the constitutionally established separation of powers).”
Arizona Senate Democrats quickly pushed back on Hoffman’s revelation. Senate Democratic Caucus Chair Lela Alston issued a statement, writing, “Senator Jake Hoffman has once again shown his disregard for government and everyday Arizonans. By failing to schedule the confirmation hearings for the Governor’s nominees, he shows how ineffective and partisan the Republican party in Arizona truly is. I am disgusted by this move of extremism and call on his leadership to rectify his foolish actions.”
After a report circulated that this meeting was “not likely” to occur, Senator T.J. Shope tweeted, “Oh…so much for that Open Door Policy we’ve heard about over and over again. I guess Governor Hobbs would rather fight it out in an adversarial court setting as opposed to an adult conversation in an office setting.”
A Senate Republican Caucus spokesperson previously told AZ Free News that the chamber has received 21 director nominations from Hobbs, with 12 awaiting their confirmation hearings.
Just a day before the Senate President’s Letter to Governor Hobbs, his caucus tweeted, “Hobbs is setting a dangerous precedent by issuing illegal executive orders and attempting to seize power from county attorneys and the Legislature. Our Caucus is reviewing all legal remedies to ensure appropriate constitutional separation of powers.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
