Arizona offers an Empowerment Scholarship Account, or ESA, that supports families that pursue a private school or a home-based education.
The state ESA program, which includes approximately 78,000 students statewide, offers a debit card that can be used to pay for education-related expenses, according to a related story by The Arizona Mirror.
Velia Aguirre and Rosemary McAtee, who have been in the ESA program for years, use the ESA debit card to purchase basic materials such as reading books, workbooks, and flash cards.
Then came a legal opinion in July from Attorney General Kris Mayes, a first-term Democrat. In her interpretation of state law, in particular the reimbursement of education materials, Mayes said the Arizona Dept. of Education must require proof that education materials purchased with ESA funds are tied to a specific curriculum being taught to the homeschool students.
Matt Beienburg is director of education policy at the Goldwater Institute, the libertarian-leaning law firm that is representing Aguirre and McAtee.
"The state attorney general came out, and declared and said no longer are parents allowed to use this program to buy funds for their home education, for their kids,” Beienburg alleges. “Unless they can find a particular curriculum document justifying, by name, every single book title and school supply they're trying to use for this.”
Goldwater Institute argues the Attorney General’s legal opinion is a “direct violation” of state law and the state’s own ESA handbook, so it is suing on behalf of the two women.
The complaint, Aguirre v. State of Arizona, was filed Sept. 23 in Maricopa County Superior Court against the State of Arizona, the Arizona Department of Education, and Superintendent Tom Horne in his official capacity.
According to the Mirror story, Aguirre alleges in the lawsuit the Dept. of Education has refused to reimburse her for materials that include an activity set for telling time, a phonics activity, pencils, wooden puzzles, and even a box of erasers.
McAtee alleges she faced a similar problem with her ESA purchases, including books about colors and about historical figures.
A statement to AFN from Attorney General Mayes’ office said she is following what is required by state law.
“The law doesn't prevent parents from purchasing paper and pencils, but it does require that materials purchased with ESA funds be used for a child's education,” the statement said.
The statement went on to allege examples of ESA funds being used for non-educational needs, such as purchasing ski passes and a grand piano, so the attorney general says she is protecting taxpayers' money.
Both women are suing after they appealed their denials to the Arizona Board of Education and lost, according to the Mirror.
