Arizona is truly the Wild West of privatization. Its voucher program started small and grew fast. Parents and teachers organized a state referendum on vouchers in 2018, and the voters overwhelmingly rejected their expansion, by 65-35%.

But the Republican legislature ignored the public smack down and opened the nation’s first universal voucher program. Anyone can get a voucher, even if they are rich, even if they have never attended a public school.

The state’s voucher money could be used for a vast variety of products and services. But a few days ago, the State Board of Education drew a line: voucher money could not be used to buy dune buggies.

ArizonaCentral.com reported:

The Arizona State Board of Education on Monday struck down a parent’s appeal to use state school voucher money to finance three dune buggy purchases.

The parent sought reimbursement for the recreational vehicles through the Empowerment Scholarship Account program, citing her children’s need for interactive learning. Since 2022, the school voucher program has allowed any child in Arizona to receive public money to pay for education expenses such as private school tuition, supplies, tutoring and supplemental materials.

The board’s near-unanimous decision broke from an appeal hearing officer’s recommendation this spring that the family should be reimbursed. Several board members suggested the purchases were needlessly extravagant, even under the broad statute governing the ESA voucher program.

Board member Jennifer Clark, who cast the sole dissenting vote, said the board had voted in line with the hearing officer’s recommendation in every voucher appeal case since she joined in 2022. She said the board should defer to the officer.

The family can appeal the board’s decision, said Board President Daniel Corr.

“Regardless of your feelings on ESA — and I think they range along a spectrum — at some point, I think the question of reasonableness comes to mind,” Corr said. “And this particular purchase, purchases, exceeds my definition of reasonableness.”

The Arizona Department of Education first denied the parent’s request for reimbursement in December. The parent appealed, according to board meeting agenda materials, and then the department “mistakenly approved” her reimbursement request in January. 

The department suspended the family’s school voucher accounts in March and requested repayment for the dune buggies. The parent appealed again to the Education Board and described the department’s handling of her case as “crass incompetence.” 

“Telling us months later that we have to pay back something that was approved by the department has to be illegal in 50 states and a few territories,” she wrote in the appeal.

The department testified during the May hearing that the dune buggies “are not primarily education items, are disallowed by the ESA Parent Handbook, and are not items funded in a public-school setting,” according to the board agenda materials. Textbooks and supplemental materials, such as dune buggies, must be tied to a curriculum for a purchase to be justified under the voucher program, according to the department. 

This interpretation was affirmed by the Attorney General’s Office in a July 1 letter alleging the department had allowed expenditures not supported by curriculum and directing the department to stop approving those expenses. 

The parent later provided a curriculum plan that was “narrowly tailored” with help from an occupational therapist, according to agenda materials. The therapist testified during the hearing that the students engaged more effectively with learning materials that involved physical interaction, such as dune buggies, which allowed them “to engage in movement before returning to more traditional learning environments.”