An interjection by Arizona’s Democrat Attorney General Kris Mayes has led to the AG and Superintendent of Public Instruction Tom Horne trading rhetorical fire after Phoenix’s Kyrene School District voted to adopt a “Staff Social Emotional Wellness Policy.” That policy appears to run afoul of guidance from the U.S. Department of Education, risking the withholding of $1.5 million in federal funding.
In a statement reported by The Center Square, Mayes said that Horne has no legal basis for what she described as him threatening the districts.
“Rather than do his job and ensure that funds appropriated by Congress and the Legislature reach Arizona schools — as the law requires — Superintendent Horne is choosing to engage in ideological nonsense at the expense of students and teachers,” she said.
She added that the districts should, “ignore baseless, politicized threats from the State Superintendent’s office, which has no legitimate role whatsoever in blocking the distribution of these federal funds.”
In a post to X, Horne stated: “On DEI, AG Mayes is wrong and risks $770 million Ignoring federal guidance is not optional.”
Horne: On DEI, AG Mayes is wrong and risks $770 million Ignoring federal guidance is not optional
For immediate press release: April 17, 2025 Contact: Communications@azed.gov https://t.co/LcEuSYOLdL
— Arizona Department of Education (@azedschools) April 17, 2025
In a stern response to Mayes, Horne issued a statement, “I spent four years as Attorney General, and I follow the law strictly. The Arizona Department of Education has been responsible for distributing both federal and state education dollars to the schools for many decades and we must do so in accordance with the law. The U.S. Department of Education has issued guidance that requires my department to certify that all public districts and charters that take federal money use those funds according to that guidance, and that cannot be ignored. If I did, we would risk losing nearly $770 million in total federal funding to all public schools. That is obviously unacceptable, but the Attorney General is either unconcerned or unaware of that catastrophic scenario.”
The Arizona Department of Education (AZED) said in a press release, “Attorney General Kris Mayes is wrong in claiming that the Arizona Department of Education has no legal authority to withhold federal funds to districts and charters that fail to comply with new guidance regarding Diversity Equity and Inclusion programs, according to Superintendent Tom Horne.”
The department added that on April 3rd and again on April 9th, AZED through its Grants Management System, issued notice to all public districts and charters in Arizona on the guidance from the U.S. Department of Education (DOE) and an attestation that the guidance will be followed.
“Under the guidance, districts and charters have until April 24th to certify compliance. Failure to do so will require the state – as the fiscal agent – to put a hold on federal dollars. To date, approximately 350 districts and charters out of 658 have certified compliance.”
The guidance from the DOE is as follows:
“Given the text of Title VI and the assurances you have already given, any violation of Title VI—including the use of Diversity, Equity, & Inclusion (“DEI”) programs to advantage one’s race over another—is impermissible. The use of certain DEI practices can violate federal law. The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences, including:
l . The use of the provisions of 42 U.S.C. 2000d-l to seek the ‘termination of or refusal to grant or to continue assistance under such program,’ eliminating federal funding for any SEA, LEA, or educational institution that engages in such conduct. [1]”
Arizona Superintendent of Public Instruction Tom Horne issued a stern warning to Arizona school districts late last week. The warning came after Phoenix’s Kyrene School District voted to adopt a policy that further embeds Diversity, Equity, and Inclusion (DEI) into the district’s day-to-day operations in defiance of policy guidance issued by President Donald Trump.
Horne warned, “Kyrene and any district or charter that is not taking the federal DEI guidance will lose their federal dollars. The U.S. Department of Education has been abundantly clear with its most recent guidance against the use of DEI language in schools. Federal law and the 14th amendment to the U.S. Constitution are clear that no person shall be discriminated because of race, skin color or ethnicity, and this guidance aligns completely with my philosophy. By contrast, the use of DEI programs does just the opposite and promotes racial discrimination. Schools ignore the federal guidance at their own peril. This is not an empty threat, and districts and charter schools need to treat it seriously.”
In its meeting on April 8th, the Kyrene School District voted unanimously to defy policy guidance from both the U.S. Department of Education (DOE) and the Arizona Department of Education (AZDOE). The move will cause the district to lose access to over $1.5 million in federal funding in favor of its “Staff Social Emotional Wellness Policy” in which it purports to “provide welcoming, inclusive learning environments in which every student is honored, valued, and feels a strong sense of belonging and purpose.”
Guidance from the DOE issued in February explicitly states that, “Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding.” It noted that “DEI programs, for example, frequently preference certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not. Such programs stigmatize students who belong to particular racial groups based on crude racial stereotypes. Consequently, they deny students the ability to participate fully in the life of a school.”
The federal policy explains, “Although some programs may appear neutral on their face, a closer look reveals that they are, in fact, motivated by racial considerations. And race-based decision-making, no matter the form, remains impermissible.” The DOE also cited the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard, which ruled that “[c]lassifying and assigning students based on their race” is an unlawful practice unless it satisfies a firm legal standard of ‘strict scrutiny,’ under two narrowly tailored instances:
(1) remediating specific, identified instances of past discrimination that violated the Constitution or a statute;
(2) avoiding imminent and serious risks to human safety in prisons, such as a race riot.”
The high court added, “An individual’s race may never be used against him” and “may not operate as a stereotype,” used to justify government polices.
In his remarks, Horne concluded, “The most interesting philosophical divide in our country right now is between those like me who believe in individual merit, and those who want to substitute racial entitlement. DEI is all about racial entitlement. The problem with racial entitlement is that it does nothing to promote hard work, conscientiousness, or creativity. If those advocating for it succeed in having it replace individual merit, we will become a mediocre, third world country. China will become the dominant power.”
Earlier this month, Horne signed an attestation letter to the DOE stating that “Arizona will not have anything to do with race-based programs, DEI, etc.”
Horne shared a handwritten missive to Secretary McMahon from the margins of the letter that AZDOE called “uplifting” which stated, “Sec. McMahon- Thank you for fighting for our Constitution and laws!”
The Arizona Freedom Caucus (AFC) says it intends to replace Superintendent of Public Instruction (SPI) Tom Horne in 2026.
AFC’s chairman, State Senator Jake Hoffman, claimed to a press gaggle on Monday that Horne hasn’t put sufficient work into protecting the Empowerment Scholarship Account Program (ESA Program). Hoffman accused Horne of leaving the state legislature to do all the work to protect the state’s school choice program.
Hoffman called Horne “the single greatest threat” to the ESA Program.
“Thanks to the legislature and the conservative leadership that we have, Katie Hobbs is unable to make serious, negative, adverse reforms to school choice in this state. However, Tom Horne is the single greatest threat to school choice. Tom Horne is the single greatest threat to the ESA Program. Tom Horne is the single greatest threat to nearly 100,000 students and their families that are utilizing those programs right now. And so I will certainly be looking for a Superintendent of Public Instruction candidate to challenge Tom Horne.”
Horne denied the accusations from Hoffman in a direct response to the senator.
“I brought charter schools to Arizona when I served in the legislature in the 90s,” said Horne. “I’ve fought to keep ESAs and school choice from an Attorney General and Governor who want it gone. I’m happy to debate you anytime on these issues.”
I brought charter schools to Arizona when I served in the legislature in the 90s. I've fought to keep ESAs and school choice from an Attorney General and Governor who want it gone. I'm happy to debate you anytime on these issues @JakeHoffmanAZ. https://t.co/pPYFjkV5l9
Hoffman took issue with the proposed 2024-2025 ESA Handbook last month. Hoffman and fellow Republicans submitted a letter to the Arizona State Board of Education (ASBE) urging the draft’s rejection.
🚨 ESA ALERT 🚨
The 2024-2025 ESA Handbook was just published & has MAJOR problems!
ESA Parents are NOT happy.
The State Board of Ed is set to approve the flawed handbook THIS MONDAY.
ASBE declined to approve the new handbook during its meeting last week. The board delayed a decision on the proposed handbook for its next meeting toward the end of this month. Horne was the sole board member to motion for a board vote on the proposed handbook during their last meeting.
Horne has consistently presented himself as “the main defender” of the ESA Program. Horne explained the perceived limitations on ESA Program expenditures were necessary written safeguards against abuse of the program.
Per Horne, parents have attempted to take advantage of current unwritten limitations on reimbursements, such as requesting coverage for a $5,000 Rolex watch and a $24,000 golf simulator.
“[These are] abuse of things that are not really for the educational benefit of the child. It’s obvious there has to be some limitations,” said Horne.
The SPI has also pushed back against attempts by Attorney General Kris Mayes and Governor Katie Hobbs — both staunch opponents of the ESA Program and the concept of school choice in general — to undermine and cripple the ESA Program with allegations of poor oversight and management.
Horne says he has consistently referred cases of fraud to Mayes for investigation, as well as increased staffing for auditing and investigative purposes.
“Under my leadership, the department has done a full-court press against waste and fraud. I hired both a program auditor and an investigator, which had not been done before,” said Horne in a January response to Hobbs’ State of the State. “I require that every expenditure be for a valid educational purpose and have been attacked for doing that.”
Nearly 87,800 students participate in the ESA Program as of Monday’s count.
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The Arizona State Board of Education (ASBE) declined to approve the new handbook for the Empowerment Scholarship Account (ESA) Program.
ASBE discussed the proposed 2025-2026 ESA Handbook during its meeting on Monday. Though it had the opportunity to approve the handbook during the meeting, a majority of the board indicated a desire to abstain from voting on the handbook until their upcoming April meeting.
Arizona Department of Education (ADE) Superintendent Tom Horne motioned for ASBE to take a vote on the handbook, but no other board member seconded his motion.
The ESA executive director, John Ward, said the new handbook was more user friendly, with information clarified and organized, redundancies reduced, hyperlinked statutes and rules, a clarified list of spending limits on items associated with risks of abuse, and a new chapter on enrollments.
A point of concern for ASBE board members related to ESA Program approvals of expenditures, namely of the sort opposed by Attorney General Kris Mayes.
Mayes’ Government Accountability Unit launched an investigation into the ESA Program over its expense authorizations last July. Mayes accused the ESA Program of approving supplementary materials without documentation of a curriculum nexus, approving certain curriculum materials without curriculum documentation, and approving textbook expenses without documentation demonstrating a qualified school or eligible postsecondary institution requires it.
During Monday’s meeting, Ward clarified there were certain “common” educational items for which the ESA Program didn’t require curriculum in order to not burden families, such as pencils and paper. Ward said the attorney general’s letter prompted them to split the supplemental materials listings into two: those that will always require a curriculum nexus and those that are general educational items which, pending the ongoing court case’s outcome on the matter, may never require a curriculum nexus.
There were over 87,600 students reported within the ESA program as of Tuesday.
The ESA Program continues to be a source of conflict between statewide officials.
Governor Katie Hobbs targeted the ESA Program during her State of the State address in January. Hobbs’ criticisms prompted a rebuttal from Horne; he said the governor was ignorant to the administration of the program.
In his explanation of the new ESA Program Handbook earlier this month, Horne dismissed one major opposing claim: that the program needs to reimburse parents without question of the expenses.
Horne said the ADE’s oversight of expenditures successfully prevented abusive charges, such as a $5,000 Rolex watch and a $24,000 golf simulator.
“[These are] abuse of things that are not really for the educational benefit of the child. It’s obvious there has to be some limitations,” said Horne.
Unlike his predecessor, Horne has repeatedly stepped up to defend the ESA Program.
“Parents should have the choice to be sure their child is in a school that meets the needs of that child,” said Horne. “The ESAs are really not really a challenge to the public schools; they supplement them and make sure that all students are in an environment where needs are being met.”
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Arizona Superintendent of Public Instruction Tom Horne released a statement this week regarding the Primavera Online charter school, Arizona’s largest charter school operator. Primavera is facing revocation of its charter from the Arizona State Board for Charter Schools due to low academic results.
Responding to calls for him to intervene, Horne, who holds a seat on the board, stated, “I have no power or influence over that.” In his statement responding to calls to stop the revocation from Attorney Jesse Binnall, who represents Primavera, Congressman Andy Biggs (R-AZ), and Arizona Senate President Warren Petersen, Horne explained that the role of regulating charter schools is divided in Arizona between the Arizona Department of Education and the Board for Charter Schools.
Horne stated, “The legislature chose to divide jurisdiction regarding charter schools between the Arizona Department of Education and the Charter Board. The current issue is within the jurisdiction of the Charter Board. I have no power or influence over that. If I were to try to influence it, the Charter Board would resent the trespass on their turf, and it would do more harm than good. There is likely to be an appeal to an administrative law judge, and the school needs to marshal its evidence to present to the administrative law judge. If I am asked for any data or other information that the department has, I will of course immediately provide it regardless of which side requests it.”
Speaking at a press conference in front of the Capitol, Binnall, who formerly worked on President Donald Trump’s legal team, compared the potential closure of Primavera to lawfare designed to stifle school choice. He said, “The voters of this country have spoken loud and clear … that President Trump’s agenda, which includes school choice, is highly favored by the voters. Instead of getting on board with this policy, you have some people that are trying to use various versions of lawfare … in order to get in the way of school choice.”
BREAKING: Trump lawyer Jesse Binnall CALLS OUT enemies of education freedom in Arizona for trying to dismantle a charter school that's currently serving more than 8,000 children.
— Corey A. DeAngelis, school choice evangelist (@DeAngelisCorey) March 20, 2025
“We have to be confident that these people who serve … the people of Arizona are going to do the right thing for the children of Arizona,” he continued. “The right thing for the children of Arizona … is to help organizations like Primavera be more successful, not try to take away school choice.”
Primavera holds a designation as an alternative school owing to its focus on providing an education to at-risk students. In a board meeting on March 4th, Primavera Online founder and CEO Damian Creamer said that the school was incorrectly designated while he was on leave caring for his ailing wife and was graded as if it were a traditional school. Officials from Primavera argued that the school would’ve received a passing “C” grade if it had been properly designated.
