The Arizona Department of Education's handling of school voucher spending has landed it in the middle of an Attorney General's office investigation, and it could spell trouble for how the state has to date managed public education funds. Allegations suggest that the Department's Empowerment Scholarship Account Program may have been too lax in approving spending for "supplemental materials" that go beyond what's statutorily authorized. To put it, Assistant Attorney General Kathryn Boughton contends the program should not have allowed parents to spend on materials without proof of their relation to the educational curriculum. In her July 1 letter, she wrote, "Approving ESA funds for materials that have no nexus to the student’s actual curricular needs contradicts the intent of the program and constitutes a payment of funds made without authorization of law."
Responding to the criticism, John Ward, Director of the Program, indicated that the questioned approval practices were adopted before the current ADE administration took over. He has pledged to abruptly stop the practice, stating, "supplemental materials without curricula and textbooks without supporting documentation will no longer be allowed." The ADE will direct ESA Holders to ensure compliance and is set to work with the State Board of Education to revise erroneous guidance in the 2023-2024 ESA Parent Handbook. These changes, according to Ward, aim to tighten control over what qualifies as legitimate educational expenses.
On the flip side, Republican House Speaker Ben Toma has pushed back against the investigation, urging the department to critically evaluate the Attorney General’s interpretations and to maintain its autonomy in implementing policies. In his defense of the Department's practices, Toma argues that the ADE should not "burden parents with unnecessary bureaucratic requirements."
Conversely, Beth Lewis, Executive Director of Save Our Schools Arizona, expressed her concerns about the department's transparency and adherence to the law, telling AZPM News, “The loopholes in state law around the voucher program are so wide that you could drive a truck through them and I don't think that (Superintendent) Horne is just going to all of a sudden become this champion of transparency or accountability.” Her skepticism reflects the concerns of many who believe the universal voucher program is too freely interpretive and purportedly lenient in allowing expenses.
As part of the ongoing probe, the ADE has agreed to provide detailed accounts of approved items as supplementary materials without the required documentation of a curriculum nexus. This data will span the years 2019 to 2024. Upon the department's request, they've been granted a 60-day period to compile and present these records, which will likely shed light on the depth and breadth of the alleged mismanagement of voucher funds. The outcome of this investigation might lead to permanently redefining Arizona's approach to managing the vital public funds designated for education.
