For immediate release: September 11, 2023
Contact: [email protected]
 

Horne refutes Governor’s false allegations over management of federal grant money

PHOENIX – State Superintendent of Public Instruction Tom Horne has sent a letter to Governor Katie Hobbs refuting her criticisms of the Department of Education’s management of the federal Emergency Assistance to Non-Public Schools (EANS) program.

September 11 , 2023

Governor Katie Hobbs
1700 W. Washington
Phoenix, Arizona 85007

Governor Hobbs,

Last week, I publicized a quick response to a public letter from you criticizing me regarding the Emergency Assistance to Non-Public Schools (EANS) program. At that time, I promised a more detailed refutation. This is that detailed refutation.

As you are no doubt aware, Section B-5 of the United State Department of Education's official guidance for the EANS funds states: "By accepting an EANS award from the Department, a Governor automatically designates the SEA (State Education Agency, in this case the Arizona Department of Education) to administer the EANS program. The SEA will be the payee or fiscal agent in G5 for purposes of accessing Federal funds on the date of award." (emphasis added)

On April 17th of this year, the Governor's Office of Strategic Planning and Budget (OSPB) wrote a letter to our department's Chief Financial Officer demanding that $22 million of non-obligated funds be reverted from the Arizona Department of Education (ADE) to the Governor's Office. We initiated a process with OSPB to establish a contract which would follow USDOE guidance but would give you decision making power over the $22 million.

This also shows a fundamental ignorance by OSPB of the federal guidance. OSPB demanded that we revert funds. As the designated federal fiscal agent, ADE does not have physical possession of funds to revert. Rather, the money is held by the U.S. Treasury and when a grantee is awarded funding, ADE, as the federally designated fiscal agent, passes that money ultimately to the grantee.

Our office has been in consistent communications with OSPB since April, five full months, to collaborate on the best way to ensure these monies are spent in accordance with the law and to avoid reversion of funds to the federal government.

In your letter you stated, "As suggested by USDOE, the easiest method of collaboration is a simple written agreement between our Offices that will enable OSPB to disburse funds to ADE for disbursement to its non-public school grantees ... " If OSPB were dispersing funds to ADE, then OSPB would be the fiscal agent. But the above quoted guidance specifically says that ADE has to be the fiscal agent.

We proposed that simple agreement to you on June 12th. If you had agreed, you would have control over these funds now. You still would have had decision-making power for the $22 million of undisbursed money but the process would have been legal. Your proposal was not legal.

We proposed the solution on June 12th, but you responded that it was in violation of federal law. That was the exact opposite of the truth. We were following the above quoted guidance, and you would have been violating the above referenced guidance. Your statement that our proposal would violate federal law was a false statement. And there was no reason for you to argue about that because you still would have been given the decision-making power over the $22 million.

The Arizona Department of Education is prepared to act as the designated fiscal agent, and this process would not have had one minute of delay had your OSPB staff not erroneously insisted in July of this year that our draft lnteragency Service Agreement was out of compliance with federal law. In fact, it was your proposal that was out of compliance, and our proposal that was in compliance, as any reader can see by looking at the above quoted guidance from the federal government.

If you produce something in writing from the federal government that says that your proposal will be acceptable to them, we will gladly agree to it. In that case, it will be your responsibility to administer the program, and we can wash our hands of it. Alternatively, you can accept our proposal to make the transaction legal and you will still have decision-making power over the $22 million.

There is no reason that a meeting between our staffs could not have worked this out. There is no earthly reason for you to have publicized a personal attack on me over this technical issue that could have been resolved by a meeting of our staffs.

Sincerely,

Tom Horne
State Superintendent of Public Instruction

For immediate release: September 8, 2023
Contact: [email protected]
 

Horne issues rebuttal to Governor’s false accusations

PHOENIX – State schools chief Tom Horne has issued to following statement in response to a letter sent today by the governor regarding the dispersal of federal Emergency Assistance to Non-Public Schools (EANS) funds.

Horne stated, “Every word in the governor’s letter is a lie, including ‘the’ and ‘and.’

Due to her own actions, the governor now needs to take care of this problem, and not pass the buck to the Department of Education inasmuch as she arranged for the federal government to change the fiscal agent from the Department of Education to the governor. The governor arranged with the federal government to be the fiscal agent for this program for private schools. The Arizona Department of Education has no ability to pay anyone for work done, or to authorize further work, because the governor has now become the fiscal agent.

The governor’s statement about money that should be spent in education to educate children is hypocritical. One of her first acts in office was to take away $75 million that had been allocated for summer school to help students improve in reading and math. She also took away $17 million from Project Momentum, the school improvement project, which has shown itself to be the most effective in helping schools improve.

It was the Arizona Department of Education, out of the funds that are in its budget, that gave $10 million to Project Momentum because the governor’s attempt to destroy Project Momentum would’ve done terrible damage to students who in schools that need to have the benefits of school improvement.

We will follow up with a detailed letter, refuting each false claim in the governor’s letter.”

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For immediate release: September 7, 2023
Contact: [email protected]
 

Horne sues Governor, Attorney General
Seeks declaration that schools obey voter protected English instruction method

PHOENIX - State Superintendent of Public Instruction Tom Horne has 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.

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 stated, “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.”

He added, “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.”

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%.

For immediate release: September 5, 2023
Contact: [email protected]
 

Horne announces $40 million tutoring program to raise academic outcomes and offer public school teachers more income
Program begins in October

PHOENIX – State Superintendent of Public Instruction Tom Horne is making $40 million available to parents of elementary grade students to pay for free tutoring in reading, writing and math beginning October 2. The amount will pay for approximately 1.3 million hours of tutoring. As part of this project, participating public school teachers will earn added income as tutors. Private tutoring companies will also be an option for parents.

Horne said, “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.”

He added, “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.”

In late 2021, federal funds allocated to overcome pandemic-related learning loss were distributed to multiple organizations throughout Arizona by the prior state schools Superintendent. Last month, Department of Education staff asked them to provide evidence of the academic impact of their work. Those who could not show reasonable impact for the money had their contracts cancelled or reduced. This is the funding source for the $40 million.

Horne noted, “If they cannot show increased academic outcomes, I will, with this massive tutoring program.”

Additional details will be available for this specific program at azed.gov beginning September 15.

For immediate release: August 17, 2023
Contact: [email protected]
 

Horne addresses boys and girls restroom policies at schools
Education Department has received concerns from parents

PHOENIX – Recent questions raised about school policies for the usage of restrooms, locker rooms and shower areas has state schools chief Tom Horne responding to concerns he has received from parents and other interested citizens statewide.

Horne stated, “I have been contacted by a number of parents who are outraged by the idea that biological boys can use restrooms, locker rooms and shower facilities meant for girls, and they are considering removing their daughters from schools that allow this. In Arizona, they certainly have multiple school options from which to choose.”

Some schools have cited federal Title IX as a basis for their guidance. Horne explained, “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. 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. Therefore, the Arizona Department of Education strongly advises that schools not initiate a policy that allows biological boys to use restrooms, locker rooms or shower facilities that are intended for girls. Biological boys who expose themselves to girls could be violating indecent exposure laws and subject to arrest. 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.”

He added, “The issue will ultimately be decided by the United States Supreme Court. I am defending the state law that prohibits biological boys from participating in girls’ sports and the basic legal argument for that action is similar to the one that addresses the use of bathrooms, locker rooms and shower areas.”

For immediate release: August 14, 2023
Contact: [email protected]
 

Horne responds to Attorney General threats against voter-protected English language law
AGO sent warning to AZED

PHOENIX – State Superintendent of Public Instruction Tom Horne has responded to a warning sent last week to his office by the Arizona Attorney General regarding the enforcement of the state’s voter-approved English language instruction model. Horne says the warning amounts to a threat and ignores the will of Arizona voters when they passed the voter-protected Proposition 203 in 2000.

In the letter, Horne states, “The voter-protected initiative… 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 Attorney General’s email to Superintendent Horne claims that the Department of Education “places barriers in front of schools and their students trying to register for (Dual Language Instruction) classes like requiring Waivers…” The email cites a recent Attorney General Opinion that says waivers are not required of students enrolled in those classes. It also claims potential legal liability if the Department of Education does not conform to the law as defined in the recent formal AG Opinion.

In response, Horne said, “The AG’s threat regarding potential liability of the agency and individuals is offensive, and unworthy of the Attorney General’s office. She will not win legal arguments to ignore voter-protected initiatives, by making those kinds of empty threats. We are all obligated to perform our functions according to state law, including voter-protected initiatives. No threats will ever persuade us to abandon that duty.”

He added, “The AG’s opinion is interesting. The AG clearly wanted to find that Dual Language was in conformity with the law. But she could not because the above quoted law is so clear. So, she specifically said that she would refuse to answer that question. All she said was that the State Board not the Superintendent of Schools enforces that law. We have always known that it is the Department of Education’s job to propose to the State Board cutting off funds for violation of law, and the Board’s decision to do so. She added nothing to that. Where she refused to answer the key question and only added the obvious, the opinion was vacuous.”

Horne intends to pursue this matter in a legal challenge.

For immediate release: August 10, 2023
Contact: [email protected]
 

In-person teacher certification assistance returns to Tucson
AZED restores service for southern Arizona

TUCSON – The Arizona Department of Education has restored in-person teacher certification assistance at the department’s downtown Tucson office, making it available there for the first time since 2019.

Teachers must still go online to begin and complete the certification process, but with this improvement the Tucson office will once again have in-person staff available to assist teachers who may have technical questions or trouble managing multiple certifications.

Superintendent of Public Instruction Tom Horne said, “When I returned to this office in January, I was shocked that there was no in-person certification service for Tucson and southern Arizona. We had provided this in my earlier terms as Superintendent and I made it a priority to restore it to make sure we are an organization that is committed to serving all of Arizona.”

Certification assistance is available Thursdays from 12:30 P.M. - 4:30 P.M. and Fridays 8:30 A.M. - 12:30 P.M at the AZED offices located at 416 W. Congress St., Suite 100 in Tucson.

For more information: azed.gov/educator-certification

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For immediate release: August 7, 2023
Contact: [email protected]
 

Horne: Governor’s ESA cost alarms unfounded
Independent analysis shows program will save tax dollars

PHOENIX – Arizona schools chief Tom Horne says an independent analysis of how much the Empowerment Scholarship Account (ESA) program will cost shows the dire predictions made by Governor Hobbs and other opponents of the program are incorrect.

After studying a detailed review by education analyst Dr. Matthew Ladner, Ph.D, regarding the various sources of school funding and how ESA funding impacts the state budget Horne offered these comments:

Horne stated, “I agree with Dr. Ladner that the cost of the ESA program will never be $943 million for reasons which I will explain. But even if it were, that would be only about one percent of the fiscal 2022 state budget of $80.5 billion.

Here are the reasons the cost will never be anything like $943 million.

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.

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.

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.”

For immediate release: August 2, 2023
Contact: [email protected]
 

AZED holds first School Safety Task Force meeting
Focus on integrating law enforcement and social work for improved safety

PHOENIX – Arizona Superintendent of Public Instruction Tom Horne convened the first School Safety Task Force today with a focus on getting more armed officers in schools in concert with social workers to protect Arizona’s schoolchildren, educators, and staff.

Horne stated, “Protecting the lives of our children is one of the most important issues we face. We hope that the School Safety Task Force will work to increase the number of law enforcement officers and social workers in schools as well as using our role in Career and Technical Education to encourage more people to consider law enforcement as a profession.”

He added, “I am grateful for all of the educators, law enforcement professionals, community leaders and both Democrat and Republican elected officials who have come together in this vital, bipartisan effort.”

In the meeting, department staff reported that funding for School Resource Officers (SROs) has been utilized to expand the number of SROs from 190 in the previous administration to 301 currently. In addition, 522 social workers and counselors have been funded.

Among the challenges posed to the task force are the need for additional counselors, social workers and law enforcement officers to address staffing shortages.

As work continues, the group will explore ways to integrate counselors and social workers into an effective School Safety Program, expand the definition of an SRO in accordance with state certification requirements so the applicant pool can be enlarged. Also, they will consider allowing schools to hire School Safety Officers (SSOs), review training models, and review Law Related Education.

The department is also working to expand its role in Career and Technical Education (CTE) to encourage students to consider public safety careers. Currently, 122 high schools12 CTE Districts statewide are training 72,292 students for careers in public safety.