Homeschooling moms push back against 'latest attack' on school choice in Arizona: lawsuit
A mother of nine is among two homeschooling parents challenging the state of Arizona over a new rule that requires parents to justify their educational material purchases. One of the mothers argues that the rule has placed an “impossible burden” on her.
Velia Aguirre and Rosemary McAtee are two mothers who homeschool their children with help from Arizona’s Empowerment Scholarship Account, a program that reimburses parents or provides them with a debit card to pay for educational costs.
Aguirre is a former special education teacher and a mother of three who relies on funding from ESA awards to educate her children. McAtee, another participant in the ESA program, educates seven of her nine children through the support she receives from the program.
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In July, Arizona Attorney General Kris Mayes issued legal threats against State Superintendent Tom Horne and the Arizona Department of Education. Mayes said that the ESA program may be violating state law by reimbursing parents for supplementary materials without requiring parents to prove that the materials are necessary for the curriculum presented to students.
The department complied with the notice, and as a result, when Aguirre and McAtee sought reimbursement for materials they deemed necessary for their children’s education, such as books, pencils and erasers, the department rejected their requests.
With help from the conservative Goldwater Institute, the two mothers filed a lawsuit Monday against the state of Arizona and its Department of Education. The suit, filed in Maricopa County Superior Court, seeks to allow parents to purchase “common-sense educational materials” without having to jump through “bureaucratic hoops.”
The complaint argues that Arizona law permits using ESA funds to purchase educational materials, and it is actually the new requirement that violates state law and regulations. As the document noted, the State Board of Education “has likewise approved rules for the program explicitly permitting the purchase of these materials without additional documentation.”
“This is just the latest attack that we've seen from opponents of school choice on parents' right to choose the best education that works for their individual child's needs,” Joe Seyton, a senior communications manager for the Goldwater Institute, told The Christian Post in an interview.
Seyton explained that the Goldwater Institute has been a longtime proponent of school choice. He noted that ever since the introduction of Arizona’s ESA program in 2012, school choice opponents have done everything in their power to try to dismantle it.
According to the Arizona Department of Education, more than 78,000 students are enrolled in the ESA program as of Sept. 23.
“It’s very successful,” Seyton said about the ESA program. “Parents like it because they want the best education for their kids.”
In response to an inquiry from CP, a spokesperson for Arizona’s attorney general said that Mayes has “simply stated what is required by law” and that the new standard requires parents to use the materials purchased with ESA funds for their child’s education. The communications director for the attorney general also asserted that the state superintendent agreed with Mayes’ interpretation of the law.
“With instances of voucher dollars being spent on things like ski passes, luxury car driving lessons, and grand pianos, it’s clear that providing documentation on spending is essential to prevent the misuse of taxpayer funds,” the spokesperson stated. “Attorney General Mayes believes Arizonans deserve full transparency and accountability in how their tax dollars are used and will continue to fight for accountability and oversight in the voucher program.”
The two mothers at the center of the lawsuit, however, said the government has made teaching their children more challenging. Aguirre noted that her homeschooling curriculum is “ever-changing” because it’s based on her children’s individual needs.
“The government is changing the rules and putting impossible burdens on me,” the mother said in the Goldwater Institute’s Tuesday press release. “It’s been really challenging and hard having to meet the expectations that the AG wants with a curriculum.”
McAtee agreed, stating that the state attorney general “doesn’t have any interest in what an education looks like for a homeschooled child.”
Arizona's Department of Education responded to CP's inquiry by directing the outlet to Tuesday's statement by the state superintendent. Horne wrote that the department concedes to the arguments made in the Goldwater Institute's lawsuit.
"When this issue first arose in July, my concern was that the Attorney General could force Empowerment Scholarship Account holders to return funds if they did not comply with her office’s interpretation of the law. This lawsuit will settle the issue in court and my sincere hope is that the arguments made by Goldwater will prevail.”
Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman
