Archives for category: Arizona

Andy Spears of The Education Report tells the sad tale of unbridled fraud in Arizona’s voucher program.

In 2018, voters in Arizona overwhelmingly rejected expansion of the state’s voucher program. Despite the decisive vote against vouchers, the legislature made vouchers available to every student, regardless of income or need.

Today about 7-8% of the state’s students use vouchers at an annual cost nearing $1 billion a year.

Most of the voucher students never attended public schools. In other words, the universal voucher program is mostly subsidizing the tuition of students already enrolled in private and religious schools.

He writes:

Save Our Schools Arizona reports on the rampant fraud in that state’s school voucher scheme:

Arizona Republican leaders and Superintendent Tom Horne have long insisted that fraud in Arizona’s ESA voucher program is minimal. “One percent or less,” Horne often has said — but 12News has obtained new public records from Horne’s AZ Dept. of Education (ADE) that tell a very different story. Documents show unallowable purchases — spending explicitly banned under ESA voucher program rules — may account for about 20 percent of transactions. That’s one in five.

In 2025, 12News Investigates revealed parents used ESA voucher funds for non-educational purchases, including: diamond rings, smart TVs, gift cards, large appliances, luxury clothing, and lingerie.

These purchases are among more than 100 prohibited items listed in the ESA Parent Handbook. Accounts that make such purchases are supposed to be suspended or removed from the program by the ADE. However, according to 12News, “the spending continues as Horne contends his department uses risk-based auditing that will eventually catch wrongdoing.”

84,000 unallowable purchases??? 12News found an ADE memo covering ESA voucher spending from December 2022 through last September found that of 385,000 ESA purchases reviewed by Horne’s ADE, nearly 84,000 were deemed unallowable — or more than 20 percent of all transactions that should have been refused by the ADE!

Arizona GOP legislators are introducing legislation that would carry criminal penalties for librarians who recommend sexually explicit books.

ArizonaCentral.com reports:

Children and teenagers’ access at public libraries could be significantly restricted if a bill at the Arizona Legislature were to become law.

Every year for the past four years, Republican lawmakers in Arizona have tried to build upon a 2022 law banning school employees from sharing material they defined as “sexually explicit” with anyone under 18.

The definition goes beyond the colloquial use of “sexually explicit” to include material that textually describes sexual intercourse or even touching someone’s “clothed … buttocks.”

The latest proposal would expand the ban to encompass every public library in Arizona, making it a Class 5 felony, punishable by up to 2.5 years in prison, for a librarian or library contractor to “refer” or “facilitate … access” to so-called sexually explicit material to minors. That penalty also would apply to public school employees.

A similar law in Idaho has resulted in adult-only libraries in some cities.

Legal experts have said the bill would apply to classics like “Romeo and Juliet,” the Bible or even the encyclopedia, likely in violation of the First Amendment. Plus, criminal penalties that wade into the speech of government employees, such as librarians, are likely unconstitutional, said First Amendment expert Eugene Volokh.

Republican Sen. Jake Hoffman of Queen Creek, the architect of the efforts, has described the effort as a common sense way to protect children’s innocence and claimed the bill’s criminal penalties are needed to force resistant government employees into compliance.

The Republican-majority House and Senate have multiple times advanced Hoffman’s bills to the governor’s desk. Democrat Katie Hobbs has vetoed them, calling them an “attack on public schools” and “little more than a thinly veiled effort to ban books.”

But the future of Hoffman’s library bill could change with a different governor. Hobbs faces re-election in 2026, and at least one of the Republican candidates for governor, U.S. Rep. Andy Biggs, already has told The Arizona Republic he would support the legislation, which he called “common sense” and “a smart way to protect our kids.”

If the Republican legislators think they are “protecting the innocence of children,” they are looking in the wrong places. They should turn their attention to the easily accessible content on television and the Internet, which may be far more salacious and far more graphic than the language in books. At least with books, kids are learning to read.

Over the past few years, vouchers have been endorsed by state legislatures even though the public overwhelmingly opposes them. Nearly a score of state referenda have been held, and in every single state, voters rejected vouchers. Even voters in red states said NO to vouchers.

Voters don’t want to pay for tuition at private and religious schools. But legislators ignore their votes. In Arizona, voters rejected vouchers by 65-35%. But the legislature passed a voucher bill anyway, and the cost to subsidize these nonpublic schools is $1 billion a year.

Today’s evangelists for subsidizing religious schools have chosen to ignore the admonitions of the Founding Fathers, who made clear their opposition to state-funded religion. When Thomas Jefferson wrote about “separation of church and state,” he was referencing a widely held principle.

Josh Cowen recently wrote about this issue on his Substack blog:

Since the U.S. Supreme Court rolled back fifty years of national reproductive freedom in Dobbs v. Jackson Women’s Health Organization in 2022, the Christian Right has turned to another long-held priority: an eventual Court ruling that states must fund religious education.

Over the past few weeks, efforts to create religious charter schools have seen new life. Charter schools are public schools operated outside of the traditional district framework. They can be independently managed by a non-profit or, in some states, for-profit management group, or they can be part of larger networks of charter providers. There are roughy 8,000 charter schools across the country, serving nearly 4 million students.

Blurring Public and Private

In mid-2025, a case called St. Isidore of Seville Catholic Virtual School v. Drummond deadlocked at the Supreme Court, 4-4. It returned back to Oklahoma, where that state’s highest court had invalidated efforts by a Catholic-run provider to operate a virtual charter school. Had the Court ruled in St. Isidore’s favor, it would have effectively created the nation’s first church-run public school.

But Justice Amy Coney Barrett recused herself, reportedly because her best friend, a law professor named Nicole Garnett, had worked extensively on the legal defense for the Catholic charter school (Side note: while I’m glad Barrett recused herself, notice that the one conservative woman on the Court has held herself to a higher ethical standard than right-wing guys like Clarence Thomas and Sam Alito).

The Court’s 4-4 ruling was less a definitive position and more an artifact of the small, insular nature of conservative—and especially Catholic conservative—American legal networks.
Now, efforts to create a Jewish charter school in Oklahoma, and Christian public schools in Colorado and Tennessee are taking new shape.

Technically, these cases operate in a separate stream of legal theory from school voucher jurisprudence. Vouchers are simply taxpayer subsidies for private schools—either through the tax code or directly through state funds. And since 2002’s Zelman v. Simmons-Harris, their application to religious schools has been constitutional. Three voucher-related cases since 2017—Trinity Lutheran Church of Columbia v. Comer (2017), Espinoza v. Montana Department of Revenue (2020) and Carson v. Makin (2022, 3 days before Dobbs)—have extended protections to religious schools in state voucher systems.

Basically, once states use public dollars to subsidize private providers of a certain social service (such as education), they can’t limit those providers to non-religious organizations.

But for now, state’s don’t have to provide voucher funding to parents. It’s just that if they do fund vouchers, they must allow vouchers to be spent at religious schools too.

This connects to the question of religious charter schools because although charter schools are legally public entities, the organizations operating them in most cases are private. In theory, the arrangements governing these groups are similar to situations where a school district contracts with a private transportation company for their buses, or a cleaning company for their buildings. Except that with charter schools, the contracted party typically provides instructional materials and even often supplies the teachers.

What right-wing activists want is for the Supreme Court to say that states can’t prevent religious organizations from running public schools as part of a charter agreement
And in that, they are taking one tactical approach in a broader legal and political strategy to simply require states to fund religious instruction.

Establishment and Free Exercise

Spurred partly by new “education savings accounts” spreading in red states (aka vouchers, with additional allowable expenses beyond tuition), a vast network of conservative Christian homeschoolers is pushing for new legal rights. Including mandatory subsidies for their homeschools.

And Betsy DeVos, the billionaire and former U.S. Education Secretary, has made no secret of her desire to see the Supreme Court overturn more than a century of state “Blaine Amendments” prohibiting public dollars spent on religious schools. That would basically force all states to pay for some form of religious instruction.

All of this is possible in large part due to the efforts of Leonard Leo, the Catholic super-fixer of right-wing judicial politics all-but-responsible for the Court’s current conservative majority. Leo has made clear that following Dobbs, state-funded religious education is his next major project in the federal judiciary. And he’s enlisting the Alliance Defending Freedom (the main litigation group in Dobbs) to help lead the way. Beyond garden-variety culture warring, this is partly what the sustained effort to holler about LGBTQ and especially trans-students in public schools is about.

Meanwhile, brand new guidance from what’s left of the U.S. Department of Education is informing public schools across the country that federal dollars will now be tied to expansive interpretations of the right for school personnel to pray during the day in schools. So long as they do not technically compel students to pray at lunch or at the start of the school day, teachers and school leaders may choose to lead their students in prayer.

The end-game here is to de-emphasize the first part of the First Amendment—the Establishment Clause prohibiting government from establishing a single religion—and to emphasize the second part, the Free Exercise Clause.

The argument pushed by DeVos, Leo, ADF and their allies is that by providing taxpayer support only for secular public schools, states are putting undue hardship on families who see religious education as a fundamental part of their free exercise of faith but must pay out-of-pocket for it.

What’s at Stake

It’s possible—even necessary—to object to all this without attacking faith. I’m a Christian man myself, looking forward to the season of reflection of Lent that begins next week.

But church-based public schools are the plan on the Right. And although it’s mostly a battle that will take place in the courts, it’s also a battle that’ll take place in legislatures and in the court of public opinion. And those venues are determined by elections and by political organizing.

When I argue that Democrats have to get serious about improving public schools as part of defending public schools, I’m not just making an argument about campaign strategy (though I’m making that argument too).

What’s at stake here is that the American Right is obsessed with schools, and with carving more and more dollars out to subsidize religious education. And that’s going to be what happens without countering that objective with a bold, sustained vision for educational opportunity for every child.

Norman Batley hosts a podcast called “Life Elsewhere with Norman B.” He is based in Tampa, Florida. The program is widely distributed through WMNF and NPR. He asks great questions, and I was thrilled to be invited to be on his show.

I hope you will listen.

Trump filed a lawsuit against the board of the Pulitzer Prizes in 2022, demanding that it retract any prizes awarded to reporters from The New York Times and The Washington Post who covered the investigation into Trump’s relationship with Russia in his first term.

Trump refers to the episode and the FBI’s investigation as the “Russia, Russia, Russia Hoax.”

The Pulitzer board issued the following response:

A Statement from the Pulitzer Prize Board

The Pulitzer Prize Board has an established, formal process by which complaints against winning entries are carefullyreviewed. In the last three years, the Pulitzer Board has received inquiries, including from former President Donald Trump, about submissions from The New York Times and The Washington Post on Russian interference in the U.S. election and its connections to the Trump campaign–submissions that jointly won the 2018 National Reporting prize.

These inquiries prompted the Pulitzer Board to commission two independent reviews of the work submitted by those organizations to our National Reporting competition. Bothreviews were conducted by individuals with no connection to the institutions whose work was under examination, nor any connection to each other. The separate reviews converged in their conclusions: that no passages or headlines, contentions or assertions in any of the winning submissions were discredited by facts that emerged subsequent to the conferral of the prizes.

The 2018 Pulitzer Prizes in National Reporting stand.

The case has dragged on. Recently the board of the Pulitzer Prizes announced a new twist. It has asked Trump to provide full records of his medical history, his psychological tests, and his income tax returns since 2015.

Trump might rethink this particular lawsuit. Other groups sued by the litigious Trump should scrutinize the Pulitzer board’s strategy.

Andy Spears is a veteran education journalist who tracks policy and finances across the South, but most often in Tennessee, where he lives. He has recently been following waste, fraud, and abuse in voucher programs in Arizona and Florida, learning lessons that Tennessee could learn from.

Spears wrote on his Substack blog The Education Report that Arizona passed the $1 Billion mark in annual spending on vouchers, most of which pays tuition for students already enrolled in nonpublic schools, and some of which is collected by very rich kids. Voucher money is spent on all sorts of things, not just tuition, including vacations, diamonds, lingerie, home appliances, television sets, vacations, and gift cards.

Arizona State Attorney General Kris Mayes announced that she is opening a review of voucher spending, especially the State Department of Education’s policy of rubber-stamping expenses under $2,000.

Spears also reported on Florida’s slipshod accounting of voucher students:

Where are Florida kids in school? Are they being counted as voucher students on a private school’s roster while actually attending a public school? Is the money following the student, or is it making a stop in the bank account of a private operator with little accountability?
In this story about a private school that accepted voucher funds for 80 students it never saw or educated, there’s an even bigger revelation.

In this story about a private school that accepted voucher funds for 80 students it never saw or educated, there’s an even bigger revelation.

Sen. Don Gaetz, R-Crestview, said that at any given moment the state does not know where 30,000 students are in terms of school categories — traditional public or voucher-supported private or home schools — together worth $270 million in education support.

30,000 kids. $270 million. And a state audit says the Florida Department of Education doesn’t seem to know what’s going on.

State legislators last week reviewed a state audit that found the school choice scholarship program in Florida exhibited “a myriad of accountability problems.”

Oh, and that original story – also pretty alarming. Apparently, a school claimed 80 students who lived 130 miles away – students they’d never seen or educated.

According to the decision, during the 2023-2024 school year, Little Wings submitted invoices to Step Up for Students, an organization administering state vouchers, for students previously enrolled at Touched by an Angel school, 130 miles away in Lake City.

The owner of the school that took voucher funds while not providing education to kids said she was not aware that is illegal.

Harris testified that during the 2023-2024 school year, her school received state scholarship funds for students that did not physically attend the school and that she did not know it was illegal to do so.

Florida’s school voucher scheme has private school operators billing for students who do not attend their school. It can’t keep track of as many as 30,000 students at a time. Hundreds of millions of taxpayer dollars are not properly tracked or accounted for

This is what proponents of “school choice” want – unlimited “choice” options, which means unlimited ways for unaccountable private operators to get their hands on loads of taxpayer cash.

Andy Spears is a veteran education journalist with a Ph.D. in education policy and a specialization in school finance. He lives in Nashville, but covers the national scene.

Spears writes:

In this post, he reports on an ominous development in Tennessee. A new organization in Tennessee has declared its intention to lure nearly 500,000 students out of public schools and into charter schools and voucher schools. The collapse in funding for public schools is likely to end public schools altogether.

Spears writes:

While state leaders consider expanding the state’s private school coupon program, a new nonprofit takes a bolder approach. A group calling itself Tennessee Leads registered with the Secretary of State as a 501(c)(4) issue advocacy organization with the goal of effectively ending public education in Tennessee by 2031.

The group was registered on October 14th and lists a business address of 95 White Bridge Road in Nashville. This is a nondescript business building in West Nashville.

The Registered Agent for Tennessee Leads is listed as “Tennessee Leads.” The group’s website says an IRS nonprofit application is pending.
In short, it is not yet clear who is backing this movement.

However, the group is not shy about its goals.

We support legislation to significantly increase the availability of Education Freedom scholarships, aiming to provide 200,000 scholarships annually by 2031. This initiative is designed to empower parents with more choices for their children’s education.

And:

Our efforts include advocating for the expansion of public charter schools, with a goal to increase student enrollment from 45,000 to 250,000. This initiative seeks to offer diverse educational opportunities and foster innovation in teaching.

If achieved, these two goals combined would take nearly half of all K-12 students in the state out of traditional public schools.

The group doesn’t really say the current model isn’t working – they just say they like “choice.”
The state’s current private school coupon scheme (ESA vouchers) has 20,000 students.

Moving that to 200,000 would cost at least $1.5 billion per year and take significant funds from local public schools.

Other states that rapidly expanded school vouchers saw huge budget hits to both state and local government.

[See Andy Spears’ post about Arizona’s universal school vouchers, which he refers to as “private school coupons for rich families.”]

[See his post on Indiana vouchers, where the costs rose neatly tenfold in less than a decade. The Indiana voucher is also a coupon for the rich to cash in at private schools. He predicts that Tennessee will be shelling out $1.4 billion a year for well-off kids to attend private schools by 2035.]

He writes that vouchers are a mess in Florida, because thousands of students are “double-dipping,” collecting voucher money while attending public schools.

[See his article on double-dipping and the voucher mess in Florida.]

He continues:

Florida relies on two official student counts each year — one in October and another in February — to allocate funding to school districts through the Florida Education Finance Program (FEFP). But after the October 2024 Count, major red flags appeared. Nearly 30,000 students (at an estimated cost of almost $250 million) were identified as both receiving a voucher and attending a public school. In some districts, almost all (more than all in one district) of their state funding had been absorbed by voucher payouts.

So, the Tennessee Leads plan would lead to a rapid decrease in state funds available for public schools – or, a significant increase in local property taxes – possibly, both.

It’s also not clear how Tennessee Leads plans to build charter school capacity to house an additional 200,000 students. Unless the plan is to just hand existing public schools over to charter operators – you know, like the failed Achievement School District model.

Oh, and there’s something else.

Tennessee Leads wants all schools to use Direct Instruction at all times for all students.

We advocate for the implementation of Direct Instruction methodologies across all public schools, ensuring that teaching practices are grounded in research and proven to be effective in enhancing student achievement.

Except studies on Direct Instruction suggest the opposite – that it does not improve student learning – in fact, it may be harmful to student academic and social growth.
Here’s more from a dissertation submitted by an ETSU student:

No statistically significant results (p = .05) were found between the year before implementation and the year after implementation with the exception of one grade level. Furthermore, no significant differences were found at any grade level between students participating in Corrective Reading and students not participating in Corrective Reading on the 2003-2004 TCAP Terra Nova test.

To be clear, Direct Instruction is highly-scripted learning – down to the pacing, word choice, and more – the “sage on the stage” delivers rote learning models and students are told exactly how to “do” certain things – the “one best way” approach with little room for student discovery.

More on this:

A remarkable body of research over many years has demonstrated that the sort of teaching in which students are provided with answers or shown the correct way to do something — where they’re basically seen as empty receptacles to be filled with facts or skills — tends to be much less effective than some variant of student-centered learning that involves inquiry or discovery, in which students play an active role in constructing meaning for themselves and with one another.

That is: Scripted learning/Direct Instruction is not evidence-based if the evidence you’re looking for is what actually improves student learning.

It holds true not only in STEM subjects, which account for a disproportionate share of the relevant research, but also in reading instruction, where, as one group of investigators reported, “The more a teacher was coded as telling children information, the less [they] grew in reading achievement.”

It holds true when judged by how long students retain knowledge,7 and the effect is even clearer with more ambitious and important educational goals. The more emphasis one places on long-term outcomes, on deep understanding, on the ability to transfer ideas to new situations, or on fostering and maintaining students’ interest in learning, the more direct instruction (DI) comes up short.8

One wonders who, exactly, wants to advance an extreme privatization agenda while also mandating that those students remaining in traditional public schools are subjected to a learning model proven not only not to work, but also shown as likely harmful in many cases.
Eventually, an IRS determination letter will be issued, or the Registered Agent will be updated on the Secretary of State’s site. Or, perhaps, the “about us” section will offer some insight into the actors who would end public schools in our state.

On the day after this post appeared, Spears learned that a well-known political consulting firm was behind the proposal for Tennessee Leads. The firm had previously worked for the Tennessee Republican Party and for Governor Bill Lee. He wrote a new post.

It’s not at all clear why Governor Lee and his fellow Republicans are so enamored of charters and vouchers. Tennessee was the first state to win Race to the Top funding from the Obama administration. It collected a grand prize of $500 million. With that big infusion of new funding for “reform,” the public schools should be reformed by now. But obviously they are not.

Worse, Tennessee put $100 million into a bold experiment that was supposed to demonstrate the success of charter schools. The state created the Educational Achievement Authority, hired a star of the charter movement to run it, and gathered the state’s lowest-performing public school into a non-contiguous all-charter district. The EAA promised that these low-scoring schools would join the state’s top schools within five years. Five years passed, and the targeted schools remained at the bottom of the state’s rankings.

In time, the legislature gave up and closed the EAA.

Similarly, the evidence is in in vouchers. In every state that had offered them to all students, the vast majority are scooped up by affluent families whose kids never attended public schools. When public school students took vouchers, they fell far behind their public school peers.

Are Republican leaders immune to reading evidence?

Thomas Ultican, retired teacher of advanced mathematics and physics in California, has been keeping track of the privatization movement. In this post, he criticizes the Republican Party for its war on public schools. There was a time when Republicans supported their community schools. They provided strong support for bond issues and were active on local school boards. Today, however, Republicans as a party have led privatization efforts, knowing that it is intended to defund their public schools. None of the promises of privatization have panned out. Surely they know that they are destroying not only their own community’s public schools but a foundation stone in our democracy.

Privatization promotes segregation. Public schools bring people from different backgrounds together. As our society grows more polarized, we need public schools to unite us and build community.

Ultican writes:

This year, state legislators have proposed in excess of 110 laws pertaining to public education. Of those laws 85 were centered on privatizing K-12 schools. Republican lawmakers sponsored 83 of the pro-privatization laws. Which begs the question, has the Grand Old Party become the Grifting Oligarchs Party? When did they become radicals out to upend the foundation of American greatness?

The conservative party has a long history of being anti-labor and have always been a hard sell when it came to social spending. However, they historically have supported public education and especially their local schools. It seems the conservative and careful GOP is gone and been replaced by a wild bunch. It is stupefying to see them propose radical ideas like using public money to fund education savings accounts (ESA) with little oversight. Parents are allowed to use ESA funds for private schools (including religious schools), for homeschool expenses or educational experiences like horseback riding lessons.

A review of all the 2025 state education legal proposals was used to create the following table.

In this table, ESA indicates tax credit funded voucher programs. There have been 40 bills introduced to create ESA programs plus another 20 bills designed to expand existing ESA programs. Most of 2025’s proposed laws are in progress but the governors of Texas, Tennessee, Idaho and Wyoming have signed and ratified new ESA style laws. In addition, governors in Indiana, South Carolina and New Hampshire signed laws expanding ESA vouchers in their states.

None of the 16 proposals to protect public education or 3 laws to repeal an existing ESA program were signed by a governor or passed by a legislature.

Fighting in the Courts

June 13th, the Wyoming Education Association (WEA) and nine parents filed a lawsuit challenging the Steamboat Legacy Scholarship Act, Wyoming’s new voucher program. The suit charged:

“… the program violates the Wyoming Constitution in two key ways. One for directing public dollars to private enterprises, which the lawsuit says is clearly prohibited. The second for violating the constitution’s mandate that Wyoming provide ‘a complete and uniform system of education.”’

On July 15, District Court Judge Peter Froelicher granted a preliminary injunctionagainst the state’s universal voucher program. He wrote, “The Court finds and concludes Plaintiffs are, therefore, likely to succeed on the merits of their claims that the Act fails when strict scrutiny is applied.” The injunction will remain in effect until the “Plaintiffs’ claims have been fully litigated and decided by this Court.”

Laramie County Court House

Last year, The Utah Education Association sued the state, arguing that the Utah Fits All Scholarship Program violated the constitution. April 21st, District Court Judge Laura Scott ruled that Utah’s $100-million dollar voucher program is unconstitutional. At the end of June, the Utah Supreme Court agreed to hear an appeal of Scott’s ruling. However, the decision seems well founded.

The Montana Legislature, in 2023, established a statewide Education Savings Account (ESA) voucher program. It allows families of students with disabilities to use public funds deposited into personal bank accounts for private educational expenses. In April this year, Montana Quality Education Coalition and Disability Rights Montana brought suit to overturn this program. In July, the Montana Federation of Public Employees and the organization Public Funds Public Schools joined the plaintiffs in the suit. The legal action awaits its day in court.

At the end of June, the Missouri State Teachers Association sued to end the enhanced MOScholars program which began in 2021 funded by a tax credit scheme. This year in order to expand the program; the states legislature added $51-million in tax payer dollars to the scheme. The teachers’ suit claims this is unconstitutional and calls for the $51-million to be eliminated.

Milton Friedman’s EdChoice Legal Advocates joined the state in defending the MOScholars program. Their July 30thmessage said, “On behalf of Missouri families, EdChoice Legal Advocates filed a motion to intervene as defendants in the lawsuit brought by the Missouri National Education Association (MNEA) challenging the state’s expanded Empowerment Scholarship Accounts Program, known as MOScholars.” It is unlikely EdChoice Legal Advocates are representing the wishes of most Missouri families.

In South Carolina, the state Supreme Court ruled in 2024 that its Education Trust Fund Scholarship Program was unconstitutional. The lawsuit was instituted by the state teachers union, parents and the NAACP. The program resumed this year after lawmakers revised it to funnel money from the lottery system instead of the general fund. 

The South Carolina effort has been twice ruled unconstitutional for violating prohibitions against using public funds for the direct benefit of private education. Legislators are proposing funneling the money through a fund that then goes to a trustee and then to parents, who then use it for private schools. 

 Sherry East, president of the South Carolina Education Association stated:

“We just don’t agree, and we think it’s unconstitutional.”

“We’ve already been to court twice. The Supreme Court has ruled twice that it is unconstitutional. So, we don’t understand how they’re trying to do a loophole or a workaround. You know, they’re trying to work around the Constitution, and it’s just a problem.” 

The South Carolina fight seems destined to return to the courts but they have vouchers for now.

Last year in Anchorage, Alaska, Superior Court Judge Adolf Zeman concluded that there was no workable way to construe the state statues in a way that does not violate constitutional spending rules. Therefore, the relevant laws “must be stuck down in their entirety.” This was the result of a January 23, 2023 law suit alleging that correspondence program allotments were “being used to reimburse parents for thousands of dollars in private educational institution services using public funds thereby indirectly funding private education in violation … of the Alaska Constitution.” Alaska has many homeschool students in the correspondence program.

Plaintiff’s attorney Scott Kendall believes the changes will not disrupt correspondence programs. He claims:

“What is prevented here is this purchasing from outside vendors that have essentially contorted the correspondence school program into a shadow school voucher program. So that shadow school voucher program that was in violation of the Constitution, as of today, with the stroke of a pen, is dead.”

The Big Problem

GOP legislators are facing a difficult problem with state constitutions prohibiting sending public dollars to private schools. The straight forward solution would be to ask the public to ratify a constitutional amendment. However, voucher programs have never won a popular vote so getting a constitutional change to make vouchers easier to institute is not likely.

Their solutions are Rube Goldberg type laws that create 100% tax credits for contributing to a scholarship fund. A corporation or individual can contribute to these funds and reduce their tax burden by an equal amount. Legislators must pretend that since the state never got the tax dollars it is constitutional. Lawyers who practice bending the law might agree but common sense tells us this is nonsense.

The big problem for the anti-public school Republicans is voucher schools are not popular. They have never once won a public referendum.

Laura Meckler of the Washington Post visited Arizona to learn about the effects of an expansive program of charter schools and vouchers. Arizona voted overwhelmingly against vouchers in a state referendum in 2018. Vouchers lost by 65-35%. The rightwing legislature and Governor Douglas Ducey, encouraged by billionaire Charles Koch, ignored the views of the electorate and enacted a large voucher program.

Now the state underwrites the tuition of kids who were already in private schools, many of whom come from affluent families. Voucher schools admit the students they want and exclude those they don’t want.

Arizona’s charter sector includes for-profit charters and charters run by entrepreneurs and grifters. It has experienced numerous scandals.

There’s no accountability for voucher schools and minimal accountability for homeschoolers whose parents spend money on sports equipment, ninja warrior training, toys, LEGO sets, and a wide variety of nonacademic stuff.

Eli Hager of ProPublica wrote that the cost of vouchers had blown a huge hole in the state’s budget, making it necessary to reduce spending on highway projects, water infrastructure, and other critical needs.

Vouchers and charters have not produced academic gains. On the National Assessment of Educational Progress (NAEP), Arizona is among the lowest-ranking states.

But the biggest consequence of voucher expansion has been the closing of neighborhood public schools. .

Meckler writes:

PHOENIX — The party at John R. Davis Elementary School was in full swing, but at the snow cone station, the school’s librarian was in tears.

In the cafeteria, alumni marveled at old photographs on display and shook their heads. On a wall of the library, visitors posted sticky notes to describe their feelings: “Angry,” read a purple square. “Anxious,” said a pink one. “Annoyed.” “Heart broken.” “Bummed.” And more than any other word: “Sad.”

Ten days later, John R. Davis Elementary School would close — not just for the summer, but for good.

Now, as the new school year begins, the Roosevelt Elementary School District opens with just 13 schools. That’s almost a third fewer than it had last spring, a response to enrollment declines as the state offers unprecedented taxpayer funding for alternatives to public school.

The party gave the community a few hours to celebrate the school’s 43 years — to say goodbye.

“It’s a grieving process for me,” Antionette Nuanez, the librarian, told a pair of Davis graduates who dropped by the party. Everyone at the party, it seemed, was feeling the loss — loss of tradition, of community, of simply having a school in walking distance. Nuanez, in particular, was overcome with the emotion of it all: “It’s like a death,” she said.

Perhaps more than any other state, Arizona has embraced market competition as a central tenet of its K-12 education system, offering parents an extraordinary opportunity to choose and shape their children’s education using tax dollars, and developing a national reputation as the Wild West of schooling.

The state has supported a robust charter school system, tax money for home schooling and expansive private school vouchers, which are available to all families regardless of income. Nearly 89,000 students receive Empowerment Scholarship Accounts, a form of vouchers, state data show; a second voucher program awarded nearly 62,000 tax-supported private school scholarships in 2024, though some students received more than one. More than 232,000 students attend charter schools.

Together, these programs help explain why just 75 percent of Arizona children attended public schools in 2021, the most recent year for which data is available. That’s one of the lowest rates in the country.

Supporters of school choice say families are turning to alternatives because public schools are not serving their children well. It’s only right, they argue, that tax dollars follow children to whatever educational setting their families choose.

Critics complain that vouchers eat up state funding, benefit families who can afford private school on their own, disrupt communities and send tax dollars to schools that face little accountability. Unlike public schools, private schools don’t have to administer state tests. They can pick and choose their students, while public schools must educate everyone.

The modern school choice movement began in 1990 with a small voucher program in Milwaukee and has grown into a central plank of the Republican education agenda, with programs now operating in more than half the states. In 2022, Arizona created the first universal program — open to all, not just low-income families. Since then, about a dozen conservative states have adopted universal or near-universal programs. And in July, President Donald Trump signed into law the first federal voucher program, which will require states to opt in, at an estimated cost of $26 billion over the next decade.

Some state programs have now grown so large that spillover effects on public schools are coming into view. In Ohio, the legislature agreed toincrease voucher spending to $1.3 billion by 2027, up from just over $1 billion in 2025, while traditional public schools, which serve far more children, were given a smaller increase — and less than what public education advocates say had been promised under a multiyear agreement to ramp up school spending. In Florida, which has a $4 billion voucher program, public schools districts are seeing enrollment declines, meaning less money from the state and, in many cases, budget cuts.

The ramifications for public education have been particularly clear in Arizona, offering an early picture of K-12 education under the Republican vision of maximum school choice, or what proponents call education freedom. Here, public schools are starting to close.

The challenge: more competition for the same number of students. For the past 15 years, the state’s school-age population has remained steady, though the overall population has grown, said Rick Brammer, principal manager of Applied Economics, a consulting firm that has analyzed enrollment trends, demographic data and the effects of school choice programs in dozens of Arizona school districts.

“You’re taking the same size pie and cutting it into more pieces,” Brammer said. “As we’ve created and funded alternatives, we’ve just emptied out school after school from the districts. In a tight nutshell, that’s the whole story.”

The Grand Canyon Institute has been tracking the growth and cost of vouchers and charter schools in Arizona for several years. The vast majority of students who take vouchers (almost 3/4). But this year, a larger share were drawn from district schools and charter schools.

The report contains a number of excellent graphics. Open the lin to see them.

This is the Grand Canyon Institute release:

FOR IMMEDIATE RELEASE

Cost of Universal ESA Vouchers

Contact: Dave Wells, Research Director, dwells@azgci.org or 602.595.1025 ex. 2.

Summary of Findings

  • 73% of Universal ESA voucher enrollees have never attended district or charter schools (including adjustments for students entering Kindergarten).
  • In FY2025, however, net new Universal ESA voucher enrollees primarily came from charter and district schools.
  • While the total cost of the overall ESA program in FY2025 is expected to be $872 million, the net cost after adjusting for where students would have otherwise attended is $350 million for those in the universal ESA voucher program. This represents a slight increase from the $332 million estimated by the Grand Canyon Institute last year.

The Grand Canyon Institute (GCI) estimates a $350 million net cost to the state’s General Fund in FY2025 (July 2024-June 2025) for the universal component of Arizona’s Empowerment Scholarship Account (ESA) voucher program based on a student’s school of origin. This represents a slight increase over the estimated FY2024 cost of $332 million. The estimate assumes basic student funding weights. 

The Joint Legislative  Budget Committee currently estimates the total annual cost of the ESA program to be $872 million, which includes the original targeted program and the universal component. Because student-level data on the universal program is not separated out by the Arizona Dept. of Education, GCI must estimate the origin of universal program enrollees. GCI’s estimate reflects the net cost the state would have incurred if the universal ESA voucher program did not exist. Almost every single child in the original targeted program had to attend a district or charter school for at least 45 days before enrolling in the program. GCI uses historical data on where the targeted students had come from previously, dating back to FY2017, along with current data on where all ESA students have left district or charter schools to estimate the distribution of students across district and charter schools for the original targeted program and the remainder are allocated to the universal program. 


In FY2025, the net growth in the universal ESA vouchers was 7,660 of the total enrollment of 61,688. GCI estimates that 73% of ESA universal voucher recipients never attended a district or charter school, slightly lower than the rate of 80% in FY2025. This includes estimates for kindergarten students using ESA universal vouchers. 

The primary driver of the change in FY2025 was a significant increase in the portion of net new enrollees from district and charter schools. GCI examined the marginal changes since last year and estimates that nearly half the net gain in universal participants of 7,660 from FY2024Q2 to FY2025Q2 came via Kindergarten. Analyzing changes in the portion of students previously attending a district or charter school, GCI estimates that less than 10% never attended (or would have never attended for Kindergarten) while half came from charter schools and just over 40% came from districts.

This change helped lessen the growth of the net cost of the program. GCI presumes that Kindergarten students do not have a record of prior attendance but would mirror the same distribution.  Given that charter school enrollment is about one-fourth of district enrollment, charter schools have been significantly disproportionately impacted by the Universal ESA program.

Despite the change in FY2025, the majority of participants in the universal ESA program never attended a district or charter school should be self-evident. For FY2025, the Quarter 3 Executive and Legislative ESA report identifies that of the total 87,602 students enrolled in the ESA voucher program (targeted and universal), regardless of when they first enrolled, only 33,942 students  moved from charter or district schools to an ESA. Virtually all targeted participants must first enroll in a district or charter school first. The universal program does not require prior attendance. 

Access the full report here.

The Grand Canyon Institute, a 501(c) 3 nonprofit organization, is a centrist think tank led by a bipartisan group of former state lawmakers, economists, community leaders and academicians. The Grand Canyon Institute serves as an independent voice reflecting a pragmatic approach to addressing economic, fiscal, budgetary and taxation issues confronting Arizona.