by Daniel Stefanski | Sep 11, 2023 | Education, News
By Daniel Stefanski |
Arizona’s Republican Schools Chief is taking the state’s Democrat Governor and Attorney General to court.
Last week, Superintendent of Public Instruction Tom Horne announced that he had “filed a lawsuit against Governor Katie Hobbs and Attorney General Kris Mayes for a judicial declaration that all schools must obey a voter passed and protected initiative that English language learners must be taught in English immersion rather than dual language.”
In a statement that accompanied the press release, Horne said, “Governor Hobbs is named as a defendant because of a court of appeals decision stating that the governor is a proper defendant in these kinds of cases because of the constitutional requirement that she see it to it that the laws are faithfully executed. Attorney General Mayes is named because the same case states that an action questioning the constitutionality of a law names the Attorney General. A law passed by the legislature in 2019 has been interpreted by some as authorizing dual language instruction. This is incorrect because the voter-protection law is part of the Arizona Constitution and any change to a voter-protected initiative must further the purpose of what voters intended. Dual language instruction is the opposite of the initiative’s purpose.”
The Arizona Department of Education provided context for the initiative in question, adding, “The initiative, which passed by a margin of over 60%, states explicitly: ‘All children in Arizona public schools should be taught English by being taught in English, and all children shall be placed in English language classrooms.’”
Horne also said, “The fundamental purpose of the initiative is that students be taught throughout the school day in English, so they become proficient in English quickly, and can succeed academically, and not that they be taught half a day in another language, which would stunt their ability to master English.”
According to the Department, “the lawsuit also names as a defendant the Creighton school district, which is among the handful of districts defying the law established by the voter approved and protected initiative. The district’s rate of English Language Learners becoming proficient in English last year was 5.1%. This contrasts with some districts referred to in the complaint that have structured English immersion and who’s rates range from 23.87% to 33.03%.”
The lawsuit was filed in the Superior Court for the State of Arizona in the County of Maricopa. Horne asked the Court to declare that “A.R.S. 15-756.01 is unconstitutional if its intent was to authorize dual language without waiver, because it does not further the voter-protected initiative’s purpose that children be taught in English for the entire school day, in order for them to quickly become proficient in English”; and that the State Board’s dual language model, if it is without statutory waivers, is in violation of Arizona law, and the Defendant Attorney General’s opinion that district and charter schools can rely on the State Board’s dual language model without waivers is legal error.”
The court filing from the Arizona Department of Education fulfills a promise made by Horne earlier this summer to take this issue to the judiciary. The scuttle between Horne, Mayes, and Democrat legislators began on June 19, when the Superintendent announced that “public schools that are not teaching English Language Learners in English as required by state law risk losing funds for this legal violation.” Horne said at the time, “Proposition 203, the voter protected initiative passed in 2000, specified that classes for English Language Learners must be taught in English: ‘all children in Arizona public schools shall be taught English by being taught in English and all children shall be placed in English language classrooms.’”
Arizona Attorney General Kris Mayes issued an opinion to answer the question of “which state entity has statutory authority to eliminate a model of structured English immersion approved by the State Board of Education.” Mayes sent her findings to Democrat Representatives Jennifer Pawlik, Laura Terech, Nancy Gutierrez, and Judy Schwiebert.
In her opinion, Mayes wrote, “Arizona law is clear that the Board has the sole authority to eliminate or modify an approved SEI model. The Board also has the sole authority to determine whether a school district or charter school has failed to comply with Arizona law governing English language learners. Only those school districts and charter schools found by the Board to be noncompliant are barred from receiving monies from the English language learner fund.”
The Attorney General declined to answer the Representatives’ question of “whether the Dual Language Immersion SEI Model approved by the Board is consistent with Arizona law.”
The battle over the Structured English Immersion law is the second significant conflict between the Attorney General and Superintendent this year. Horne and Mayes have been locked in escalating public disputes over the state’s universal school choice program.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Sep 9, 2023 | Education, News
By Daniel Stefanski |
This week, Superintendent of Public Instruction Tom Horne announced that he was “making $40 million available to parents of elementary grade students to pay for free tutoring in reading, writing and math beginning October 2.”
According to the release sent out from the Arizona Department of Education, the funding source for these re-allocated dollars originates from a federal government 2021 program, which allowed the previous Superintendent to distribute funds earmarked to help “overcome pandemic-related learning loss” to several organizations around the state. In August, Horne’s administration asked these organizations “to provide evidence of the academic impact of their work, and those who could not show reasonable impact for the money had their contracts cancelled or reduced.”
Parents will have options of public school teachers or private tutoring companies to assist with their children’s educational development under this program. The Department projected the $40 million would cover approximately 1.3 million hours of tutoring.
The schools chief explained his action, saying, “My first priority as Superintendent is to raise academic outcomes, therefore I am making $40 million available so parents whose children did not test as proficient can get free tutoring for students in first through eighth grades.”
Superintendent Horne is confident that his program will achieve results for Arizona children, promising, “If they cannot show increased academic outcomes, I will, with this massive tutoring program.”
Horne also discussed the impact this stream of funding would have on teachers who participated in this reimagined program. He said, “Public school teachers who tutor will be paid $30 an hour and will earn a $200 stipend for each student who shows a one-half year gain from the tutoring. A teacher who tutors the maximum amount would earn an extra approximately $8,000. I believe teachers deserve more pay, which is why I supported Rep. Matt Gress’s recent bill for a $10,000 raise. I was shocked to see that the Governor and teachers’ union opposed it. If they won’t help teachers get more money, I will.”
More details are expected to become available for this new program on September 15. Members of the public and interested parties can visit the Arizona Department of Education’s website to learn more after that date.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Aug 29, 2023 | News
By Daniel Stefanski |
The State of Arizona continues to invest in high-speed internet broadband in many rural communities.
On Thursday, Republican Superintendent of Public Instruction, Tom Horne, issued a press release, announcing the “completion of $3.6 million in broadband projects to bring Internet fiber connectivity to Santa Cruz County.” With the Santa Cruz effort in the books, “the Arizona Department of Education has brought a total of approximately $160 million in fiber construction projects to schools and libraries in rural areas through the federal E-Rate Program in the past six years.”
Horne championed the latest development in this endeavor, saying, “With access to high-speed broadband, students can take remote classes and take advantage of digital learning opportunities. Educators will be able to dramatically enhance their professional development capabilities and communities will be transformed by the cultural and economic benefits of having a strong connection to the Internet.”
The Department revealed that “the latest project in Santa Cruz County will benefit all 1,000 students of the Santa Cruz Valley Unified School District.” Additionally, “the local Rio Rico Community will benefit from the new fiber infrastructure brought into the area by Valley Telcom.”
Superintendent Horne’s release went on to explain that “E-rate brings high-speed Internet broadband to areas of the country underserved by existing utilities.” The funding of these projects comes “through an assessment on telecommunications providers as required by federal law with the goal of ensuring that communications services such as broadband are accessible for eligible schools and libraries in rural areas.”
These projects are extremely vital for the future of many people around the state, according to the Department, as “many non-metro regions have limited Internet connectivity, and on tribal lands an estimated 95 percent of households have no connectivity.”
The catalyst of Arizona E-rate’s productivity can be traced back two administrations, when Superintendent Diane Douglas led the state’s Department of Education. This week’s announcement included the history of E-rate in Arizona, adding, “in cooperation with other state agencies, ADE’s Erate Director, Milan Eaton, capitalized on the FCC Second order in 2017 allowing states to contribute to construction projects and increasing the eligible amount to the participating school district. To date there are more than 80 projects either complete or in process across the state.”
Other projects highlighted by the Arizona Department of Education included:
- County wide fiber build in Pinal County – $33.9 million
- Fiber to the Grand Canyon School District – $5.6 million
- County wide fiber build in Gila County – $19.4 million
- County wide fiber build in LaPaz County – $3.9 million
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Corinne Murdock | Aug 18, 2023 | Education, News
By Corinne Murdock |
Arizona Superintendent Tom Horne advised the K-12 community that Title IX doesn’t have any language forcing schools to obey gender ideology concerning policy on restroom, locker room, and shower facility usage.
The superintendent issued the remarks on Thursday in a brief guidance memo from the Arizona Department of Education (ADE). Horne explained that the current Title IX law only prohibits discrimination on the basis of sex, not gender identity. The Biden administration proposed a rule change to Title IX in 2021 that would expand the longstanding 1972 definition to include gender identity and sexual orientation, followed by a formal proposal by the Education Department last year, but that rule change has not yet been put into effect.
“Under the current Title IX, there is no language that compels schools to permit biological boys to use girls’ bathrooms, locker rooms or shower areas,” stated Horne. “The Biden administration has proposed changes to Title IX that might allow for this, but this proposal has no force of law until it is ruled on by the courts, which has not occurred.”
The Biden administration announced it would publish the final Title IX rule in October.
ADE advised schools to not implement policy allowing gender identity to dictate restroom, locker room, or shower facility access, mainly referring to the ability for males to access traditionally female spaces. ADE warned that males could still be held accountable for impropriety, regardless of ideology.
“Biological boys who expose themselves to girls could be violating indecent exposure laws and subject to arrest,” said ADE. “Schools can provide separate facilities — even small ones that are open to either gender — that meet the needs of transgender students without compromising the dignity of others.”
Horne explained further that he’s received numerous complaints from parents about schools permitting biological males to use private facilities intended originally and exclusively for females. Upset parents have reportedly told Horne they may leave schools permissive of gender ideologies. Rather than dissuade this type of thinking, Horne encouraged parents to exercise their right of school choice, possible through the universalized Empowerment Scholarship Account (ESA) Program.
“[T]hey are considering removing their daughter from schools that allow this,” said Horne. “In Arizona, they certainly have multiple school options from which to choose.”
State Rep. Nancy Gutierrez (D-LD18), minority whip, said the guidance was “dangerous” and violates federal law.
In June, the Ninth District Circuit Court ruled that discrimination based on perceived sexual orientation qualifies as sex-based discrimination under Title IX.
Title IX affects more than just bathroom, locker room, and shower area usage. It also applies to sports, something which progressive activists are also fighting to reform. Two families sued the state over its law banning biological boys from competing in girls’ sports.
Horne took up the case.
Despite the legal battles over Title IX not yet settled, Arizona’s K-12 public school boards have been taking initiative by adopting policy that would align with the expanded Biden administration version of Title IX. Last September, for example, one of the state’s top charter school chains, Legacy Traditional Schools, permitted gender identity to dictate bathroom usage.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Daniel Stefanski | Aug 17, 2023 | Education, News
By Daniel Stefanski |
Arizona’s Superintendent of Public Instruction is continuing his two-front political battle with the state’s attorney general.
On Monday, Republican Superintendent Tom Horne emailed the Office of the Arizona Attorney General about the issue of enforcing the state’s voter-approved English language instruction model.
Horne highlighted that “the voter-protected initiative, formalized as A.R.S. §15-752, specifically states that ‘all children in Arizona public schools shall be taught English by being taught in English, and all children should be placed in English language classrooms.’ ….The voter-protected initiative is not subject to being overruled by the Attorney General, the State Board, or anyone, including me. I must faithfully execute the law as it is written.”
The email from Horne followed correspondence between a Section Chief Counsel in Attorney General Kris Mayes’ Office and Horne’s Office. The Attorney General’s Office (AGO) noted that they had “continued to receive complaints from school districts that claim ADE is requiring Waivers for any ELL students enrolling in Dual Language Immersion (DLI) classes. If that is so, ADE (Arizona Department of Education) is acting contrary to law, as Waivers are not required for Sheltered English Immersion (SEI) Models approved by the State Board of Education.”
The AGO warned that “If the Department continues to place barriers in front of schools and their students trying to register for DLI classes, like requiring Waivers under A.R.S. 15-753, the Department’s actions exposes the Agency (and potentially individuals) to legal liability.”
The Superintendent took issue with the AGO’s use of “barriers” in its email, countering, “It is not erecting a barrier that I have urged school districts to not violate the law. I have pointed out a provision of the statute: Under the initiative, if a parent of any student in Arizona sues and prevails for violation of the statute, the School Board members and Superintendents responsible can be removed from office and unable to run for election again for five years.”
Horne called the AGO’s warning “offensive and unworthy of the Attorney General’s office.” He predicted that Mayes would “not win legal arguments to ignore voter-protected initiatives by making those kind of empty threats.” He promised to remain committed to his duty to uphold state law regardless of the threats made against him and his office.
He then took time to tout the benefits of a structured English immersion model, saying, “When I took office in 2003, bilingual education was common. The one-year rate to become proficient in English was a pathetic 4%. At that rate almost no one would ever become proficient, and they would fail in the economy…After we adopted structured English immersion, and put a lot of emphasis on teaching teachers how to do it, the proficiency rate went up to 31%. At that rate, after three or four years, almost everyone becomes proficient.”
In conclusion, Horne exhorted the AGO to “pay attention to what is in the academic interests of the students, as shown by the data, and what is required by the voter-protected initiative, and stop making threats.”
The schools chief’s release added that “Horne intends to pursue this matter in a legal challenge,” assuring Arizonans that this saga between the two state officials would continue for months to come.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
