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ELL court decision paves way for draconian measures against school board members

ELL court decision paves way for draconian measures against school board members

Mon, Mar 11, 2024

For immediate release: March 11, 2024
Contact: [email protected]
 

ELL court decision paves way for draconian measures against school board members

State law allows any public-school parent to sue districts

Superintendent Horne
PHOENIX – State Superintendent of Public Instruction Tom Horne says he will appeal today’s ruling by a Maricopa County Superior Court judge dismissing a lawsuit filed to protect the state’s constitutional requirement that English be the language of classroom instruction for students learning English.

The ruling did not reach the merits of the case, which were controlled by a voter approved initiative that stated clearly that, “all children in Arizona Public schools shall be taught English by being taught in English,” and all “children shall be placed in English language classrooms.” Instead, ruling was that no statute authorizes the Department of Educations to initiate a lawsuit.

Horne added that further legal action paves the way for potentially draconian measures to be taken against school board members who fail to follow the law.

Horne stated: “The districts that opposed our position will regret this development. A near identical action will be filed by a parent, and this will have much worse consequences for the districts.”

He explained, “The language of Proposition 203 allows for parents of public-school students in any Arizona district to sue any district – including other districts - in violation of this statute. If such a lawsuit is successful, the school board members of a district found to be in violation of the law are removed from their positions and cannot run for any public office in education for five years. There are parents prepared to file such a suit, and today’s court decision dismissing my lawsuit on purely technical grounds means that is the pathway forward.”

He concluded, “I sought to avoid this consequence for school personnel, by bringing a declaratory action that only sought a declaration that the initiative be enforced and did not seek any other remedies against anyone. Now an action by a parent may result in serious personal consequences for the leadership of districts sued."

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Horne: Hundreds of districts and charters fail to report on Holocaust instruction

Horne: Hundreds of districts and charters fail to report on Holocaust instruction

Mon, Mar 4, 2024

For immediate release: March 4, 2024
Contact: [email protected]
 

Horne: Hundreds of districts and charters fail to report on Holocaust instruction

Calls for support of legislation to strengthen the requirements

PHOENIX – State Superintendent of Public Instruction Tom Horne reports that 322 of the approximately 750 Arizona districts and charter schools – about 43 percent – have affirmed that they are teaching about the Holocaust and other genocides as required by state law. He is advocating for the passage of legislation that would bolster that requirement.

Horne said, “Current state law requires teaching about the Holocaust and other genocides, but it does not specify how much time is spent. We surveyed districts and charters to find out if they are following the law, but more than half did not respond. This shows the need for HB 2779, a bipartisan bill sponsored by Republican Rep. David Marshall and Democrat Rep, Alma Hernandez to be passed and signed into law. This bill would require that students in grades 7-12 will have to twice complete a three-day program on the Holocaust and other genocides.”

He added, “After the horrific events of October 7, there was a one-sided pro-Hamas presentation at Desert Mountain High School that produced antisemitism among students and made Jewish students uncomfortable and fearful. If Holocaust studies are presented properly, students will be less gullible to antisemitic presentations. I am gratified that 322 districts and charters are following the law, with many of them taking anywhere from two to four weeks to do the instruction. That is commendable, but we need this bill to be sure all districts and charters are in compliance with the intent of the law.”

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Horne: ADE alerted Mayes of potential fraud cases

Horne: ADE alerted Mayes of potential fraud cases

Thu, Feb 29, 2024

For immediate release: February 29, 2024
Contact: [email protected]
 

Horne: ADE alerted Mayes of potential fraud cases

Attorney General’s assertion ADE was unaware is incorrect

PHOENIX – Contrary to an assertion made today by Attorney General Kris Mayes, State schools chief Tom Horne says the Department of Education alerted the Attorney General’s office to potentially fraudulent activity on the part of two of the three former Arizona Department of Education employees named in indictments handed up by the state grand jury.

Horne stated, “The Attorney General is not telling the truth when she states that the alleged criminal activities of former ADE employees did not raise flags in the department. In fact, the opposite is true. Our office did alert the Attorney General’s Office to concerns we discovered regarding Dorrian Jones and Jennifer Lopez. A credit union became suspicious of efforts of a third former employee, Delores Sweet, and they also reached out to the Attorney General’s Office. It is worth noting that these employees were hired under my Democrat predecessor whose oversight of the Empowerment Scholarship Account Program was lax. In fact, it was so loose that when I took office, I faced dozens of parents at State Board of Education meetings furious at me for placing more controls on expenses and spending requests.”

He added, “Our discovery of the activities of the two former staffers is consistent with my determination to root out potential fraud and abuse. When I took office in 2023, I hired a 19-year veteran of the Auditor General’s Office to oversee the financial structure of the Empowerment Scholarship Account Program. That person is now the director of that program. We also hired a full-time investigator with extensive law enforcement experience. In 2024 alone, we have referred seven instances of suspected fraud to the Attorney General’s Office and, despite her efforts to smear this department, we will continue to do so.”

He concluded, “I have absolutely zero tolerance for criminal activity on the part of any employee, contractor or vendor. The unfortunate fact is that the Department is not alone in having been victimized by fraud. According to the Auditor General’s Financial Investigation Reports and Fraud Prevention Alerts website, over the past 30 years there have been multiple incidents of fraud committed against government entities, including various state agencies, law enforcement and many school districts.”

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More than 900 schools decline to answer new report card questions

More than 900 schools decline to answer new report card questions

Thu, Feb 29, 2024

For immediate release: February 29, 2024
Contact: [email protected]
 

More than 900 schools decline to answer new report card questions

Horne initiated academic focus queries about Critical Race Theory, school discipline and others

PHOENIX – State Superintendent of Public Instruction Tom Horne has released figures showing that more than 900 Arizona schools have declined to answer five academic focus questions related to matters such as ensuring schools do not inappropriately expose students to explicit content and avoiding instruction that promotes racial division such as Critical Race Theory.

Of the 2,467 district and charter schools in Arizona, to date 1,565 have affirmed that they are following these guidelines, leaving 902 that have not.

Other questions center on ensuring that any sexual content is developmentally appropriate, administrators fully support teacher discipline and schools avoid excessive distractions such as Social Emotional Learning.

Horne said, “It is scandalous to see that more than 900 schools have declined to be transparent with parents who entrust their children to be educated by these schools. Parents have the right to be fully informed about what their neighborhood schools value and how instructional time is used.”

He added, “Some in the media claim that Critical Race Theory is not taught in public schools. This is obviously false. Some do so explicitly and publicly such as the Balsz Elementary District. The fact that more than 900 districts and charter schools did not answer the question proves that the problem is widespread and distractions from academics are contributing to low test scores.”

“Every instructional minute is precious, and every minute should be devoted to academics, not unnecessary distractions, lessons that divide people by race, or exposing students to subject matter that is not developmentally appropriate. Schools have a responsibility to teach to the state standards and graduating students who are academically proficient. This is simple common sense and easily achievable by every school in the state,” Horne concluded.

Schools that decline to attest to these inquiries have that information included on their school report card provided on the department's website. If schools eventually choose to respond, that will be updated on their report card.

The department has also asked districts to affirm whether they are following state law that requires instruction on the Holocaust and other genocides. That information is still be compiled and will be released early next week.

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Horne marks National School Resource Officers Appreciation Day

Horne marks National School Resource Officers Appreciation Day

Thu, Feb 15, 2024

For immediate release: February 15, 2024
Contact: [email protected]
 

Horne marks National School Resource Officers Appreciation Day

February 15 honors officers who serve students and educators

PHOENIX – All 307 School Resource Officers in Arizona have received an appreciative letter from State Superintendent of Public Instruction Tom Horne in honor of today’s National School Resource Officers Appreciation Day.

Horne wrote, “I want to take the opportunity of National SRO Day to express deep thanks to all of you for the work you do in our schools.

 My nightmare has been that a maniac will invade a school and kill 20 students, as happened in other states, and could happen here, and there is no one there to protect them. If that were to happen, the parents of the students would never recover.

If the parents found out that the school could have had an SRO funded by our office, and they chose not to, you could imagine how the parents would feel about THAT decision making. That is why I pushed hard for schools to adopt SRO programs and will continue to do so. One of you may be responsible for saving those students’ lives, and their parents’ mental health. I could think of no greater achievement for anyone.

 In addition, by teaching law courses, and relating to the students, the students develop a relationship with you, and their attitude toward police officers becomes much better for the rest of their lives. As some of you may remember from when I was Attorney General, I have always been a very strong supporter of getting all law-abiding citizens to support our law-enforcement officers, and I pledge to continue to do that as much as I can. 

 I am very grateful to all of you.”

In early 2023, Horne began implementation of the nearly $100 million school safety grant program that places armed police officers on school campuses. He urged schools to prioritize this, noting that any delay in implementing this goal would leave schools more vulnerable to a tragic catastrophe. The number of law enforcement officers, including School Safety Officers (SSOs), in schools has nearly doubled. The SSO model ensures an officer is on a campus at all times when a school is unable to have a dedicated SRO.

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Horne and Dr. Oz announce school health, wellness and career readiness partnership

Horne and Dr. Oz announce school health, wellness and career readiness partnership

Mon, Feb 12, 2024

For immediate release: February 12, 2024
Contact: [email protected]
 

Horne and Dr. Oz announce school health, wellness and career readiness partnership
Education and HealthCorps team up

PHOENIX – State schools chief Tom Horne and Dr. Mehmet Oz, M.D., are announcing a partnership between the Arizona Department of Education and the non-profit HealthCorps initiative founded by Dr. Oz more than 20 years ago.

The partnership provides for more educational programming, leadership experiences and service learning related to student health, wellness and career development in the health care field. Also included are Arizona Blue Cross and Blue Shield, and the National Football League Alumni Association (NFLA), which was represented at today’s announcement by retired NFL players Nick Lowery, Darryl Clack and Wesley Leasy.  

Horne stated, “Dr. Oz and I share a passion for having health and wellness; and we need to do as much as possible to teach and encourage healthy eating habits, exercise, and other lifestyle choices that promote the physical and mental well-being of students. Healthy students also perform better academically. HealthCorps shares my focus on that mission as well as the value of giving students opportunities to explore careers in the health care field, where workers are badly needed.”

Dr. Oz said, “This generation of teens is facing unprecedented challenges in their physical health, behavioral health, and social needs. Left unaddressed, this leads to an increased risk for mental illness, substance abuse, chronic diseases like diabetes and cancer, and a lower life expectancy. Combatting these stats, we provide teens with the tools to become more physically and mentally resilient. HealthCorps is the glue between the private sector and public agencies like the Arizona Department of Education. I am grateful to Superintendent Horne for joining me in this effort.”

The Arizona Department of Education already has significant responsibilities in the areas of school health and nutrition that lend themselves to cooperative agreements with groups like HealthCorps to address the growing health and wellness needs of Arizona students. The department’s Career and Technical Education unit has as one of its primary goals to assist students who are in programs that will lead them to careers in the health care field. And the Health and Nutrition Services group provides schools with resources for providing healthy meals.

In the near future, the Department will make resources from HealthCorps available on its online platform for educators.

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Horne informs schools of Governor’s halt to already-approved grant funds for art supplies

Horne informs schools of Governor’s halt to already-approved grant funds for art supplies

Wed, Feb 7, 2024

For immediate release: February 7, 2024
Contact: [email protected]
 

Horne informs schools of Governor’s halt to already-approved grant funds for art supplies
Action threatens millions of dollars in payment to arts teachers statewide

PHOENIX – The majority of a $10 million state grant that provides schools money to buy arts supplies has been put on hold by the Governor’s office, threatening payments to teachers and vendors. The funds are used to buy items such as paints, brushes, sheet music, dance props, theatrical costumes, and pay for repairs.

With payments delayed by the Governor’s action, schools had begun asking the Department of Education about the status of these dollars. Superintendent Tom Horne has sent an email to schools explaining the hold and its impact on schools and vendors who are relying on grant payments that are now delayed.

Horne stated in his email, “Pulling this funding, if it is not immediately corrected, would create a deep scar on arts education.”

He further explained, “Of the $10 million available, $2.54 million has been approved and paid. We have pending requests that we have internally approved for another $4.7 million.  Based on experience, we expect to get meritorious requests for that full $10 million. We were about to authorize the $4.7 million when we got word that the governor’s office put a hold on the funding. The total grant of $10 million had been part of the budget that she approved in the compromise budget with the legislature.”

The grant was being disbursed in phases over several state fiscal year quarters. This hold affects money allocated for the second and third quarters, the period from October of 2023 to March of 2024. Another $2.8 million has been set aside for the fourth fiscal quarter, which is this coming April through June.

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Horne extends deadline to schools for Holocaust instruction reporting

Horne extends deadline to schools for Holocaust instruction reporting

Mon, Feb 5, 2024

For immediate release: February 5, 2024
Contact: [email protected]
 

Horne extends deadline to schools for Holocaust instruction reporting
Failure to respond will be added to school report card

PHOENIX – On the same day that state legislators have introduced legislation - prepared at the department and submitted at Superintendent Tom Horne’s request - to strengthen the Arizona law that requires Holocaust education in public schools, Horne is announcing an extension of the deadline to February 23 for schools to report their compliance with the current law.

Horne has sent an updated email to district superintendents and charter school representatives to ensure all schools report on whether or not they are complying with current Arizona law,  A.R.S. § 15–701.02, that requires students to receive instruction in the Holocaust and other genocides at least once in middle school and once in high school. The existing law does not specify the amount of time for that curriculum and the requested changes solve that problem.

Horne said, “Since we first requested that schools attest to their compliance with the state mandate for Holocaust education for middle and high school students, we have received many responses, but not all districts and charters have replied. Arizona law is clear that this is a requirement for middle and high school students.  As Superintendent, I have the legal authority to make sure that laws pertaining to education in Arizona are being followed. Therefore, my enforcement action will be that for the online ADE School Report Card we will indicate in red letters any school’s failure to respond to the Holocaust education verification by February 23.”

Horne added that Representatives David Marshall, a Republican, and Democrat Alma Hernandez have co-sponsored legislation to bolster the current law requirements for Holocaust education. The bill will require that students in grades 7-12 will have to twice complete a three-day program on the Holocaust and other genocides.

Horne noted, “After the horrific events of October 7, there was a one-sided pro-Hamas presentation at Desert Mountain High School that produced antisemitism among students and made Jewish students uncomfortable and fearful. If Holocaust studies are presented, students will be less gullible to antisemitic presentations and this legislation will strengthen that effort. I am grateful to Representatives Hernandez and Marshall for their bipartisan work to strengthen this law.”

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Horne: State funding for education, including ESAs, has multi-million-dollar surplus

Horne: State funding for education, including ESAs, has multi-million-dollar surplus

Tue, Jan 30, 2024

For immediate release: January 30, 2024
Contact: [email protected]
 

Horne: State funding for education, including ESAs, has multi-million-dollar surplus
Source of state budget crunch lies elsewhere

PHOENIX – State Superintendent of Public Instruction Tom Horne has released a report for all state education funding, including the Empowerment Scholarship Account Program, that shows a projected total surplus of more than $28 million through the remainder of the 2024 state Fiscal Year that ends June 30.

Horne stated, “The myth that the ESA program is doing damage to the state’s budget is thoroughly demolished. Importantly, 59 percent of current ESA students come from public school or are Kindergartners or preschoolers with disabilities who would normally be in public school, which would be a major cost to the state. Whatever budget issues state lawmakers are facing this year, they have not been created by the ESA program or any other aspect of basic state aid for education.”

Horne added, “Critics who falsely claimed ESAs were the cause of the budget deficit erroneously counted the gross cost for each student without adjusting for the cost that would be incurred if those students were in public school. While approximately 75,000 students are in the ESA program, 1.2 million are in public schools, which means the ESA students are not a threat to those schools. ESAs give choice to parents at any income level whose child’s needs are not being met in local schools, an ability rich parents have always had.”

He continued, “Since taking office a year ago I have required that every expense request, no matter how small or large, be reviewed. Unlike my predecessor, we do not approve frivolous requests that have no educational purpose. I hired an auditor to oversee the finances and he is now the director of the entire program. In recent months we reviewed more than 250,000 orders, rejecting more than 12,000 of them. The fact there is a surplus in basic state aid, including the ESA program, demonstrate our commitment to good financial stewardship.”

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Horne: State Board upholds ADE rejection of inappropriate ESA expense requests

Horne: State Board upholds ADE rejection of inappropriate ESA expense requests

Tue, Jan 23, 2024

For immediate release: January 23, 2024
Contact: [email protected]
 

Horne: State Board upholds ADE rejection of inappropriate ESA expense requests
Demonstrates ADE commitment to strict oversight

PHOENIX – State Superintendent of Public Instruction Tom Horne is applauding this week’s unanimous action by the State Board of Education to uphold the Department of Education’s rejection of questionable Empowerment Scholarship Account expense requests.

Horne said, “In recent months much has been made of supposedly extravagant ESA expense approvals. But our policy of reviewing all requests is far different from that of my predecessor who did allow a number of inappropriate expenses to be approved and which ESA opponents continue to falsely claim as alleged abuses today. The department and State Board have again shown this week that we take these expense approvals seriously and will not tolerate attempts to go beyond what the law permits. We allow only what public schools provide at reasonable cost.”

In Monday’s Board meeting, two expense requests that had been rejected by the department were brought to the Board on appeal by the parents. Those appeals were rejected by the Board.

One request was for a $2,300 commercial freeze dryer, which serves no educational purpose, and is therefore not allowable under state law. The other rejected request was for car seats, which are also not a legitimate educational expense. State law already mandates that every child be secured in a car seat, and parents do not have the right to use ESA funds to buy something they are already required to provide.

In coming months, the department expects to defend against an appeal from a parent requesting a $500 dune buggy, an expense clearly not allowed under the law.

Horne added, “Despite the claims we hear from opponents of the ESA program, under my watch we review every expense request regardless of dollar amount. Things such as commercial freeze dryers and dune buggies that might be approved under the previous administration are being rejected now.  In recent months, ESA staff reviewed 252,000 orders and rejected 12,200 of them. This work takes extra time and effort, but it is necessary to make sure ESA taxpayer funds are spent for valid educational purposes and are in line with state law.”

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