Goldwater Institute Pushes Horne to Champion Family Rights and School Choice

By Daniel Stefanski |

An influential Arizona organization is urging the state’s foremost advocate for school choice to counter a significant adversary. Last week, John Thorpe, a Staff Attorney with the Goldwater Institute, sent a letter to Arizona Superintendent of Public Instruction Tom Horne. The letter addressed the ongoing compliance of Horne’s office with Attorney General Kris Mayes regarding laws related to the Empowerment Scholarship Account (ESA) program.

The Goldwater Institute’s letter aimed to clarify two key issues: the requirement for an explicitly documented connection between ESA funds used for supplementary expenses and a Department of Education-approved curriculum, and whether ESA funds fall under the Attorney General’s jurisdiction according to state statutes.

This correspondence was a response to an earlier email from John Ward, Executive Director of ADE’s ESA program, informing parents about a letter from Mayes’ Solicitor General. The letter indicated certain ESA practices were inconsistent with state law, resulting in unauthorized payments.

The Attorney General’s Office referenced Arizona statutes to argue that ADE had approved supplemental items and textbooks without requiring curricula, which could lead to illegal public money payments. Ward informed parents that compliance was mandatory, requiring the submission of a curriculum with all requested or purchased supplemental materials.

Horne’s acceptance of Mayes’ interpretation surprised many, given his office’s previous opposition to the Attorney General’s stance on the ESA program. He had previously vowed to defend parents against the AG’s attacks.

Thorpe’s letter contended that ESA funds do not necessitate a documented curriculum nexus and are not public monies. He asserted that the Attorney General does not have the authority to prevent the use of ESA funds for statutorily permitted purposes without explicit curriculum documentation.

Following the Goldwater Institute’s letter, Ward sent another email to ESA families providing updated guidance on using Empowerment Scholarships for supplemental materials purchases.

Christine Accurso, a staunch advocate for the ESA program, shared the Goldwater letter on social media, advising parents to submit their orders confidently. She detailed steps for parents to take if their orders were rejected, including filing an appeal with the State Board of Education.

The Goldwater Institute’s involvement in this controversial issue follows a previous letter from Arizona House Speaker Ben Toma to Horne. Toma suggested Horne cooperate with the politically motivated investigation but encouraged the avoidance of unnecessary bureaucratic burdens on parents.

Matt Beienburg of the Goldwater Institute echoed Toma’s sentiments in a blog post, criticizing the AG’s interference in the ESA program and urging the state’s educational authorities to reject the AG’s demands.

In a subsequent email, the Arizona Department of Education informed ESA parents of a virtual meeting with Horne, Ward, and other department officials to address new curriculum requirements for supplemental materials. The meeting will follow a structured Q&A format, with pre-submitted questions to be read and answered by the Department of Education.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.