Arizona’s education landscape is poised for potential change, as voters could soon shape the future of the state’s universal private school voucher program. This development hinges on upcoming court decisions and the choices voters make in November.
The state’s Empowerment Scholarship Accounts (ESAs), expanded in 2022 to encompass all K-12 students, are at the heart of this debate. While Democrats and public education supporters seek to limit the program, which now involves over 100,000 students and costs an estimated $1 billion annually, Republican legislators have presented alternative measures.
The Protect Education Act
The Arizona Education Association (AEA), in collaboration with Save Our Schools Arizona, is championing the Protect Education Act, which proposes specific restrictions on ESAs. This measure mandates background checks for staff at schools accepting ESAs, prohibits ESA funds from being used for non-educational expenses, and requires unspent ESA money to be redirected to public schools. Additionally, it introduces a $150,000 income cap for participating families.
In a bid to advance their agenda, the AEA and its allies submitted over 421,000 signatures, surpassing the required threshold, to place their initiative on the ballot.
Backers of comprehensive changes to the state’s system of taxpayer funded vouchers for education submitted more than 400,000 signatures Thursday for their plan, setting the stage for what could be an expensive campaign.
The short-lived alternative
Fortify AZ, a competing group, initially proposed a less restrictive ESA measure, omitting the income cap. Supported by the American Federation for Children, Fortify AZ’s initiative was ultimately withdrawn amid allegations of voter confusion tactics.
On Tuesday, Fortify AZ said it was dropping its own proposal that was an alternative to the much stricter limits being pushed by the Arizona Education Association and Save Our Schools Arizona.
A last-minute deal attempt
In June, as the legislative session wound down, GOP lawmakers sought a compromise with the AEA to withdraw the Protect Education Act in exchange for legislative ESA restrictions. This attempt failed in the Senate, with opposition from both parties, including notable Republicans.
Arizona public school advocates and Republican lawmakers are publicly battling over private school vouchers with competing ballot measures, while lawmakers behind the scenes are discussing making a deal in a special legislative session.
Counterattacks
Following the collapsed deal, Republicans introduced a ballot measure dubbed “military families, scholarship accounts.” This proposal, while appearing to support military families, included provisions that would nullify the Protect Education Act if both measures pass. Additionally, Republicans introduced measures targeting the AEA and mandating a spending threshold for public school funding.
Republican state lawmakers made a last-ditch effort to hijack efforts to rein in ESAs on Friday, after a deal with the teacher’s union fell through.
Teachers v. poison pill
The AEA and SOSAZ swiftly filed a legal challenge, accusing the “poison pill” measure of violating the state’s single-subject rule and misleading voters. Historically, Arizona law gives precedence to the measure receiving the most votes. However, the legal interpretation remains unsettled if both conflicting measures pass.
On July 24, Maricopa County Superior Court Judge Joseph Kremer will hear the case.
A handful of proposed laws sent to the November ballot by the Republican-led Arizona Legislature are now facing legal challenges arguing they violate the state constitution.
Signature lawsuit incoming
Having submitted their signatures, the AEA and SOSAZ expect legal challenges from opponents questioning the validity of their submissions. The American Federation for Children has already announced its intention to contest the signatures.
“AFC has been fighting for years to protect the Arizona school choice program. The unions have proven in the past that they are willing to lie in order to take this opportunity away from Arizona students, and we intend to launch a legal challenge to this union-backed sham to identify and prove which signatures are invalid. This effort will be challenging, but thanks to our support for a competing initiative, we are uniquely aware that the unions and their front groups appear to have acted improperly in the signature-gathering process,” the AFC stated.
Collateral damage
Language within the GOP’s measure aimed at the AEA might inadvertently impact other public sector unions, including police and fire departments. The measure’s broad language prohibits exclusive agreements with labor organizations.
The art of killing a deal
Efforts to broker a deal fell apart as GOP Congressman Andy Biggs entered the negotiations, proposing a limited trade-off that public education advocates found unacceptable. Governor Katie Hobbs expressed skepticism about convening a special legislative session to amend the anti-union measure.
“There’s no leverage around any other ESA stuff,” Hobbs remarked, underscoring the complexities of the ongoing legislative battle.
Last-minute efforts to craft a deal to avoid a ballot fight over vouchers crumbled late Monday as Republican gubernatorial hopeful Andy Biggs got inserted into the fight.
