Horne submits filings to defend state law prohibiting biological boys from playing on girls’ teams

Female athletes praise stance

PHOENIX – State Superintendent of Public Instruction Tom Horne has submitted a formal legal response in his defense of a lawsuit challenging the state law that prohibits biological boys from playing on girls’ teams. Horne is the only remaining defendant in the case since the other named parties have declined to defend the law.

In a news conference to explain the filing, Horne was joined by Marshi Smith, the 2005 NCAA and Pac-10 Conference Women’s backstroke champion who competed at the University of Arizona and is in the school’s athletic Hall of Fame.

Smith provided a letter that she and 44 other female athletes sent to the NCAA and the University of Arizona in March 2022 critical of the decision to allow males who identify as transgender to compete against women.

The letter states in part, “From the birth of the NCAA in 1906 until 1972, women had the fight to earn the law that provided equal opportunities for women in sports. It took a male to female transgender person one year to take the women’s swimming national championship title. This is not equality. Women’s standings, titles, records and scholarships are suddenly at risk again.”

Also lending support to this effort are triathlete Lauren Bondly, former UArizona Athletic Director Jim Livengood, and Shawna Glazier, a competitive cyclist who was defeated by a male who identified as a woman, won a cycling event, and then reverted to identifying as a male.

Horne stated, “I have sympathy for anybody who feels trapped in the wrong body, but I don’t believe that biological boys should be playing against girls. If there really are no differences between males and females then all sports would already be co-ed.”

In the Response to Plaintiff’s Motion for a Preliminary Injunction, Horne argues “The disruption and the unfairness caused to others by Plaintiffs insisting on unfairly competing against biological girls is undeniable. If the preliminary injunction were to be granted, a number of schools would permit biological males/transgender females to compete against girls. This would be devastating to girls who hope to excel but cannot because they are competing against biological boys and being deprived of scholarships. “

The response further states, “Biological girls forced to compete against biological males/transgender girls in contact sports, are at a particularly high risk of physical injury due to the average size, speed and strength advantages males have over females.”

Number of schools with officers jumps from 190 to 301, Horne and Phoenix Council member call for added safety data

PHOENIX – State schools chief Tom Horne’s recommendations have been approved by the Arizona State Board of Education providing for School Resource Officers (SRO) to be funded at 301 campuses statewide, an increase from the current number of 190.

The nearly $100 million funding comes from a combination of federal and state grants, with the state portion requiring that funding for armed officers be given top priority.

Horne said, “I have been asking the schools to prioritize school resource officers. The nightmare is that a maniac gets into a school, kills 20 children, and the parents find out that the school could have had a school resource officer to defend the students, but the school did not do so. Imagine how the parents would feel about those decision makers?”

In deference to requests from schools, Horne recommended, and the Board approved, just over $45 million to pay for 566 counselors and social workers.

As part of the grant process for resources officers, counselors and social workers, the Department of Education will provide required annual training that includes instruction on school violence prevention strategies, child and adolescent development and mental health, the roles of counselors and social workers, violence and substance abuse prevention strategies, how to build relationships with students, coordination with mental health providers as well as instruction on documentation and legal issues. 

The approval comes just days after a meeting between Horne and Phoenix City Council Member Ann O’Brien, the chairperson of the Public Safety & Justice subcommittee.

Horne and O’Brien are in agreement that campus safety is a top priority that must be shared by local and state authorities throughout Arizona. Among their shared priorities is to have law enforcement provide data showing the incidents of criminal or disruptive activity on school campuses so that schools, parents and the community at large are better prepared to address this problem.

Horne stated, “Council Member O’Brien and I share the same commitment to safety, and I am very pleased that she is engaged in efforts to ensure cities and other local entities do all they can to bring more resources to this critical issue.”

O’Brien said, “School campuses need to be safe, period. As an elected Phoenix council member and chairperson of the Public Safety & Justice subcommittee, I want to make sure that the public is well-informed about the dangers and potential dangers on school campuses. While I am requesting information from the Phoenix Police Department about data that will better inform the public and policymakers about incidents on school campuses, I urge my colleagues statewide to ask the same from their law enforcement agencies. Our children, their parents and educators deserve no less.”

Horne meets with Principals of high-performing Arizona schools

Outreach will help inform state efforts toward school improvement

PHOENIX – State Superintendent of Public Instruction Tom Horne and department academic leadership met with nine school Principals from several regions of the state to learn more about how they have developed and maintained schools with high academic performance.

An essential function of the department is to partner with schools and districts on issues such as these that are a part of the formal school improvement process. Sessions such this help school improvement teams to be more effective in their efforts to improve underperforming schools.

Among the topics discussed were effective strategies for teaching core academic subjects such as reading, math and science, encouraging consistent student attendance, classroom management and discipline, preventing teacher burnout, creating a safe campus atmosphere and the importance of parental involvement.

These educators were selected for this roundtable because their schools have demonstrated long-term high achievement in student test scores. They represent schools that have consistently received an A grade on school report cards, or brought a school to an A or B from a D or F.

“We received consistent messages from successful Principals about the actions required to turn schools around, Horne said. “First, good discipline must be established so that students do not interfere with other students learning. Second, data must be used to determine what to focus on with each student. Third, teaching must be aligned to the state standards, because there are no questions on the test that do not reflect those standards. Other commonalities of successful schools were also discussed. This will help us do a better job of helping the schools that are not doing well to do a better job of educating our students.”

The participants were, Dr. Ryan LoMonaco – Desert Thunder School, Avondale, Amanda Mace – Mission Heights Prep, Casa Grande, Joshua Payne – Robert Bracker El, - Rio Rico, Christopher Loya – Marshall El, Tucson, Benjamin Marchant – Show Low High, Show Low, Hollis Merrill – Snowflake Dist., Snowflake, Stephanie Davis, El Mirage El, Phoenix , Stacy Brown – Western Peaks, Phoenix, Megan Brown – Buckeye El, Buckeye, and Tina Panagopolous – Stepping Stones Academy, Phoenix.

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Six schools applied for grants to pay for officers 

PHOENIX – The Arizona Department of Education will forward a recommendation to the State Board of Education that school safety grants requested by six Phoenix Union High School District schools for armed campus officers (SROs) be approved. The recommendation proceeds despite last week’s decision by the district governing board to not have law enforcement officers on district campuses.

Horne stated, “The decision of the Phoenix Union governing board against armed law enforcement officers not only goes against the recommendation of their own safety committee but is a slap to the leadership of those schools and to the classroom teachers association who called for SROs because safety is needed. In addition, an OH Predictive Insights poll shows that 79 percent of parents within Phoenix Union boundaries also support having officers for the children’s safety. The board's decision was irresponsible.

Our first responsibility is to protect the safety and the lives of students and staff. The worst tragedy would be for a maniac to invade a school and kill students with no police officer there to protect them. In addition, the police officers are there all year, befriend the students, so students view them as friends rather than as the enemy, and the police officers also teach courses.

At Phoenix Union, teachers especially wanted police officers because they do not feel safe.

As a member of a school board for 24 years, I became aware that there can be a difference between the views of the people who show up at a meeting, and of the community as a whole. Some years ago, a group of anti-police teenagers invaded the Phoenix Union School Board meeting, and the board folded and got rid of their police officers. When the Phoenix Union committee recommended that the police officers be hired back, the Department of Education commissioned the OH Predictive Insights poll that showed 79 percent of parents living within Phoenix Union’s boundaries support having a law enforcement officer on campus.

We get reports of students at Phoenix Union bringing guns and drugs to school.

The decision to ignore the wishes of some of their own principals and teachers as well as the vast majority of parents in the district, in favor of a small group that invaded the school board, that have immature views regarding the need for police protection, was an irresponsible decision.”

The schools submitting grant applications are Cesar Chavez, Maryvale, Metro Tech, North, South Mountain, and Trevor Browne high schools.

Also files public comment on proposed Title IX change

PHOENIX – Attorneys for State Superintendent of Public Instruction Tom Horne have filed a motion for a change of venue in the lawsuit brought against the State of Arizona by parents of biological boys who want to play on girls’ sports teams.

The suit was filed in U.S. District Court in Tucson. The motion to change venue notes that since the majority of parties involved in the lawsuit are based in Maricopa County, the case should be argued at the federal courthouse in Phoenix.

Horne is the primary defendant, while Senate President Warren Petersen and House Speaker Ben Toma have filed to intervene in the case.

The lawsuit challenges Arizona’s law that prohibits biological males from participating in girls’ sports.

In a related matter, Horne has formally submitted a public comment to the U.S. Department of Education regarding a proposed a rule change to Title IX, the federal law that prohibits sex-based discrimination in schools. The proposed change would prevent schools that get federal funding from keeping transgender students from competing on sports teams not of their biological sex.

Here is the text of his comment:

“The proposed rule submitted by the U.S. Department of Education would decimate girls’ sports in public schools and is contrary to the original intent of Title IX to provide a level playing field for women and girls to participate in team sports. Leaving the decision to schools will result in those with ideological school boards permitting stronger boys to compete against girls.

The rule is also in conflict with Arizona law. Arizona Revised Statutes 15-120.02 prohibits biological males from participating in girls’ sports.

This is not an LGBT issue. When I was in the Arizona legislature, I voted for every bill to extend civil rights to LGBT people. But permitting biological boys to compete in girls’ sports is extremely unfair, and in some cases, devastating to girl competitors.

There are numerous news articles about girls who worked hard to excel in their sports, and then were devastated when they could not excel because they had to compete against biological boys, who have the advantage of male muscle mass and bone structure. If there were a sport for which male physical qualities were not an advantage, there would be no reason to divide boys from girls’ sports and they could have a mixed gender team.

Where mixed teams are not appropriate because boys have an advantage, boys’ teams need to be for biological males, and girls’ teams for biological females.

The whole reason we divide boys’ from girls’ sports is because of the male advantage in muscle mass and bone structure. Making girls compete against that is a major injustice.”

A copy of the motion to transfer is attached.

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Horne says school districts need to ditch “equitable grading”
Practice manipulates grading scale, downplays homework

PHOENIX – State schools superintendent Tom Horne is urging public schools that use “equitable grading” for students to abolish the practice.

A recent Wall Street Journal report noted that the practice is being embraced by districts nationwide. It can often be called something similar such as “standards-based grading”, or “compassionate grading.” 

In Arizona, several school districts use some form of equitable grading in which the baseline for a grade is not zero but begins at 50 percent. By that standard, what was a 20 percent grade on a 100-point scale would now be a 70 percent passing grade.

In addition, homework is downplayed, and students are often given multiple attempts to take tests and complete assignments. The system essentially rewards procrastination and lazy habits while penalizing industrious students. 

Superintendent Horne said, “In education today, we have a war between excellence and mediocrity. So-called ‘equitable’, ‘compassionate’, or ‘standards-based’ grading promotes mediocrity. Test scores show that the students are not learning enough to properly compete in an internationally competitive economy. If we are to increase learning and show it in increased test scores, students must do homework and be graded objectively. The parents of the state are demanding this result.”

A number of Arizona districts use the principles of equitable grading. They include, but aren’t limited to, Agua Fria Union HSD, Amphitheater USD, Deer Valley USD, Flagstaff USD, Laveen ESD, Liberty Arts Academy, Phoenix Union HSD, Roosevelt ESD, Santa Cruz Valley USD, and Sunnyside USD among others.

For immediate release: April 25, 2023
Contact: [email protected]

Horne notes NEA supports teacher pay raises, but AEA and Democrat legislators oppose legislation to give teachers more

Measure is GOP-sponsored

PHOENIX – State schools chief Tom Horne, responding to inquiries made to him about a recent National Education Association (NEA) study on teacher pay, says the national organization and Arizona Education Association (AEA) are surprisingly at odds with each other on this issue.

The NEA released a data this week indicating teachers’ pay has decreased in real terms due to inflation in recent years and advocating for raises.

“The national teacher’s union has issued a statement about the importance of raising teacher salaries, and I agree,” Horne said. “Matt Gress, a Republican legislator, has introduced a bill to raise teacher salaries by $10,000. This would put Arizona in the top 10 of states for starting salaries.”

He added, “Shockingly, the Arizona teacher’s union and a number of Democrats in the legislature, oppose the bill. All we can think of is that they are opposed to it because it is a Republican bill. These kinds of questions should be bipartisan, and people should not oppose a good bill, just because it was introduced by Republican.”

“Since the national teacher’s union advocates for raises and the Arizona teacher’s union has opposed a bill to do just that, we are willing to facilitate introducing the state president of the teacher’s union to the national president,” Horne concluded.

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For immediate release: April 13, 2023
Contact: [email protected]

Supt. Horne statement on recent departures of district superintendents in Apache Jct. and west valley

PHOENIX - Arizona Superintendent of Public Instruction Tom Horne issued the following statement today in response to the recent dismissal of the superintendent of the Apache Jct. Unified District and resignation of the Liberty Elementary District superintendent: 

“There have been disruptive protests against newly elected, academically oriented school boards that are seeking new academically oriented district superintendents.

Apache Junction has, under old leadership, three of its five schools rated as “C” schools. It has a new majority of three academically oriented school board members. They are naturally seeking a new academically oriented superintendent and arrived at a mutual agreement with the old superintendent to part ways.

At a meeting to discuss this, protesters were unruly.  Some school board members received a description from a taxpayer who was present, who described an ‘organized effort to disparage the majority decision. Students were released from class during school hours to allegedly protest this mutual agreement and disrupt this public meeting, placing children in danger.’ At a follow up school board meeting, he observed ‘another organized effort to intimidate, shame and verbally assault the school board members…’.

He observed that disruptive behavior by students was ‘presented and supervised by teachers…’.

There was also a protest at a meeting of the Liberty Elementary District School Board, which also has a newly elected majority of academically oriented school board members. They were ‘accused’ of planning to implement a ‘classic traditional education model’.

The news account quoted a principal of the Freedom Elementary School (a C-rated school), Tony Reynolds, as stating at the meeting: ‘It's important to make your position as a board known on curriculum, social emotional learning and restorative justice... If you do intend to implement a classic traditional education model, you need to have people whose values align who will implement your vision. That person is not me.’ That is not an academically oriented principal.

It is a positive development for the academic performance of our schools when academically oriented school board members replace those that are not so inclined.”

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For immediate release: April 11, 2023
Contact: [email protected]

Horne: Proposed Title IX change would decimate women’s sports

Federal proposal would allow transgender ID to trump biological sex

PHOENIX – Arizona schools chief Tom Horne says a proposed rule submitted by the U.S. Department of Education would decimate girls’ sports in public schools and is contrary to the original intent Title IX to provide a level playing field for women and girls to participate in team sports. The rule is also in conflict with Arizona law.

Arizona Revised Statutes 15-120.02 prohibits biological males from participating in girls’ sports sex except in limited coeducational situations.

The federal proposal would establish that public schools “violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are.”

Horne stated: “This is not an LGBT issue. When I was in the Arizona legislature, I voted for every bill to extend civil rights to LGBT people. But permitting biological boys to compete in girls’ sports is extremely unfair, and in some cases, devastating to girl competitors.”

He added. “There are numerous news articles about girls who worked hard to excel in their sports, and then were devastated when they could not excel because they had to compete against biological boys, who have the advantage of male muscle mass and bone structure. If there were a sport for which male physical qualities were not an advantage, there would be no reason to divide boys from girls’ sports and they could have a mixed gender team. Otherwise, boys’ sports, need to before biological males, and girls’ sports for biological females.”

The federal proposal is subject to public comment. More information can be found here.

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Horne: Dept. of Education will pick up Project Momentum funding

School improvement program excels at raising student performance

PHOENIX – Arizona schools chief Tom Horne has announced that funding for Project Momentum Arizona will now be provided by the Arizona Department of Education after the recent decision by the Governor’s Office to reevaluate its role in that program. The department has signed a $10 million contract with Project Momentum to ensure the program continues and expands to more Arizona schools.

Horne said, “My job is to make sure student learning increases and test scores improve. Project Momentum Arizona has proven to be remarkably effective where it has been implemented. Every school in the Avondale Elementary District is now either rated A or B, and students in the Buckeye Elementary District outperformed the state average in the latest statewide achievement test. All other districts that use Project Momentum Arizona principles report similar success as well as improved teacher retention. Teachers want to teach and when they see students doing better year-to-year that is one of the strongest incentives to stay in the profession. Approving continued funding through the Department of Education was a very easy decision for me.”