AG Kris Mayes Retraces Steps on ESA Crackdown After Goldwater Lawsuit

By Matthew Holloway |

Arizona Attorney General Kris Mayes is under fire for legal threats aimed at families utilizing the Empowerment Scholarship Account (ESA) program. These threats have effectively halted purchases of supplemental educational materials recognized by the State Board of Education as essential.

A notice from Mayes’ office, reported by the AZ Mirror, warned that the ESA program’s director could be violating state law by reimbursing families for basic educational items like flashcards and elementary reading books without requiring documentation linking them to a specific curriculum.

In a detailed six-page letter, Assistant Attorney General Kathryn Boughton argued that approving ESA funds for materials unrelated to a student’s immediate educational needs undermines the purpose of the program. She claimed this could lead to fraudulent activities, where funds might be used for resale rather than education. Boughton instructed the director, John Ward, to halt all such reimbursements immediately.

Confronted with the potential fallout, Superintendent of Public Instruction Tom Horne acknowledged the issue in a statement. He relayed that after consulting his team—who viewed the matter impartially—they concluded he would likely not succeed in contesting Mayes’ interpretation of the law. Horne emphasized that losing a legal battle would be more damaging than compliance.

Just a day after the Goldwater Institute filed a lawsuit against Mayes’ interpretation, her office appeared to shift its stance. The Goldwater attorneys, representing several Arizona mothers, accused Mayes of attempting to restrict ESA funds by requiring explicit curricular justification for purchasing basic educational materials. They highlighted that state law permits such purchases, invalidating Mayes’ attempts to impose new restrictions.

State lawmakers had clarified the legality of using ESA funds for educational materials in 2020, aiming to eliminate previous restrictions imposed by former State Superintendent Kathy Hoffman. Additionally, the State Board of Education has permitted the use of these funds without necessitating extra documentation.

The AG’s office attempted to mitigate the backlash following the lawsuit, asserting that their earlier statements simply reiterated existing legal requirements. However, critics argue that this contradicted their earlier directive to halt approvals for supplemental expenses that the State Board of Education’s handbook deemed necessary.

Matt Beienburg, Director of Education Policy at the Goldwater Institute, remarked on the bizarre nature of Mayes’ demands. He pointed out that the Attorney General’s office is insisting on justifying even the most evidently educational materials, which deviates significantly from their role of upholding the law.

Beienburg criticized the notion that families need to validate their purchases of basic educational items like storybooks to government authorities. He emphasized the absurdity of such restrictions, arguing that they are not only illogical but potentially illegal under state law.

As the controversy unfolds, the Attorney General finds herself at a crossroads. The call to retract or clarify her position looms large, as the community awaits a decisive response. It remains a pivotal moment for families engaged in the ESA program amid shifting legal interpretations.

Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.