Horne joins lawmakers, educators and law enforcement praising new law

PHOENIX – More armed school campus officers, added safety technology and training are highlights of bipartisan school safety legislation that has now become law.

HB 2074, sponsored by Rep. Matt Gress (R) – Phoenix, was approved by the legislature in April and signed into law by Gov. Hobbs on Tuesday. The measure expands the highly successful School Safety Program in multiple ways, including allowing retired law enforcement officers to be eligible to serve as school officers.

State schools superintendent Tom Horne stated, “I am very pleased that this bill has become law. There is a need for more armed officers in schools and expanding the pool of available law enforcement professionals to include those who have retired in good standing is a commonsense idea that will put more officers in schools, making campuses safer. The added training and technology will increase the value of this successful program that makes our students, educators and staff safer on campus.”

Representative Gress said, “Schools must be places where all students, teachers, and staff feel safe. I’m proud that this bill has been signed—crafted through collaboration with educators, certified mental health professionals, law enforcement, legislators, and Superintendent Tom Horne—into law. This marks a major step forward in implementing meaningful, commonsense school safety enhancements.”

The law provides for schools to add safety equipment and infrastructure. In addition, districts and charters will train officers on how to interact with students with disabilities as well as receive training on civil rights, adolescent mental health issues and student privacy law. The law also requires districts and charters to prepare and submit a campus emergency response plan.

Action on non-compliance awaits court decisions

PHOENIX – A page on the Arizona Department of Education (AZED) website has been established to list the districts and charter operators that have or have not certified compliance with new federal guidance regarding Diversity, Equity and Inclusion programs.

The site is informational pending the outcome of several court challenges to the guidance. The U.S. Department of Education has informed state education agencies including AZED that “the Department will take no further action concerning the Title VI Certification Letter (DEI) unless and until further notice is provided.”

State Superintendent of Public Instruction Tom Horne said, “I am committed to following the law and will abide by the latest guidance from the U.S. Department of Education to take no action against schools until further notice. I also made a commitment to transparency by listing the districts and charters that have responded to the earlier DEI guidance. Federal law and the 14th amendment to the U.S. Constitution are clear that no person shall be discriminated because of race, skin color or ethnicity, and this guidance aligns completely with my philosophy. By contrast, the use of DEI programs does just the opposite and promotes racial discrimination. I believe the DEI guidance will eventually be upheld by the U.S. Supreme Court and districts and charter schools need to treat this issue seriously.”

The webpage is here: azed.gov/grants-management/federal-dei-certification

Board voted against wishes of principals and PXU administrators

PHOENIX – A recent vote by the Phoenix Union High School District (PXU) governing board rejecting requests of two high schools’ administrators and employees for armed officers was an error and puts those campuses at risk, according to State Superintendent of Public Instruction Tom Horne.

Flanked by three current or former PXU educators, Horne requested that board members who voted against requests to have armed officers at Betty Fairfax and Carl Hayden high schools reconsider their votes.

Horne stated, “The governing board made a mistake by rejecting the wishes of its district administrators and the two principals of these schools.  Board members do not have to show up on campus every school day and deal with safety problems, but teachers, students and staff do. They know how bad the situation has become. Principals at these two schools requested armed officers through the state’s School Safety program that the Department of Education agreed to pay for them. The board should have respected the wishes of its own educators.”

He added, “Should the unthinkable happen and an armed maniac kills students at a school as we have seen in other states, the parents of those students would never forgive those responsible for failing to provide protection for the school.”

Retired PXU teacher Mark Williams said, “Superintendent Tom Horne is attempting to protect students and staff by an ever-increasing threat of violence because some parents are failing to parent, and the school board is bending to a very few but vocal community about not having their children around police officers. One should ask ‘why’?”

Susan Groff, National Board Certified Teacher added, “As a retired teacher and longtime resident of this community, I have seen firsthand the positive impact School Resource Officers have in our high schools. Their presence not only enhances safety but fosters trust and support among student and staff.”

Pamela Kelley, M. Ed.  continued, "All Phoenix Union High School District Schools need metal detectors and School Resource Officers (SRO's) for the safety and security of the students, staff, and visitors."

The School Safety Program is administered by the Arizona Department of Education and funding remains available for campus officers.

Nationally Recognized for Academic Achievement

PHOENIX - The Arizona Department of Education has selected Ed Pastor Elementary School in Yuma and Tsaile Elementary School in Chinle as National Distinguished Schools for the State of Arizona.

The National Association of ESEA State Program Administrators (NAESPA) has been recognizing high achieving, federally funded schools through the National ESEA Distinguished Schools program since 1996. This program celebrates schools nationwide that have made significant academic progress by effectively utilizing Title I federal funds to enhance student educational outcomes.

Horne stated, “I want to offer my congratulations to these two schools for their dedication to academic excellence. The educators and students have done a great job taking their education seriously and making the gains that are needed to earn this distinction, and they should be proud of their efforts.”

Each year, the program highlights the success of schools in one of three categories:

· Category 1: Exceptional student performance and academic growth

· Category 2: Closing the achievement gap between student groups

· Category 3: Excellence in serving special education populations of students such as homeless, migrant, English learners, among others.

Ed Pastor Elementary School is a is a Category 3 winner and Tsaile Elementary School is a Category 2 winner. Both have demonstrated extraordinary success in improving student achievement and closing the achievement gap. Both schools will receive a check for $10,000, a digital package, and statewide recognition on the Arizona Department of Education Distinguished Schools website.

More information about the National ESEA Distinguished Schools program, including the 2024 honorees, is available on the ESEA Network website: www.ESEAnetwork.org/ds.

Ignoring federal guidance is not optional

PHOENIX – Attorney General Kris Mayes is wrong in claiming that the Arizona Department of Education has no legal authority to withhold federal funds to districts and charters that fail to comply with new guidance regarding Diversity Equity and Inclusion programs, according to Superintendent Tom Horne.

Horne said, “I spent four years as Attorney General, and I follow the law strictly. The Arizona Department of Education has been responsible for distributing both federal and state education dollars to the schools for many decades and we must do so in accordance with the law. The U.S. Department of Education has issued guidance that requires my department to certify that all public districts and charters that take federal money use those funds according to that guidance, and that cannot be ignored. If I did, we would risk losing nearly $770 million in total federal funding to all public schools. That is obviously unacceptable, but the Attorney General is either unconcerned or unaware of that catastrophic scenario.”

Here are excerpts from the attached Secretary McMahon “Dear Colleague” letter that explains the role of all educational institutions, including State Education Agencies, and the threat of losing funds:

• Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon "systemic and structural racism" and advanced discriminatory policies and practices. Proponents of these discriminatory practices have attempted to further justify them—particularly during the last four years—under the banner of "diversity, equity, and inclusion" ("DEI"), smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline.
• But under any banner, discrimination on the basis of race, color, or national origin is, has been, and will continue to be illegal.
• Other programs discriminate in less direct, but equally insidious, ways. DEI programs, for example, frequently preference certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not. Such programs stigmatize students who belong to particular racial groups based on crude racial stereotypes. Consequently, they deny students the ability to participate fully in the life of a school.
• All educational institutions are advised to: (1) ensure that their policies and actions comply with existing civil rights law; (2) cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and (3) cease all reliance on third-party contractors, clearinghouses, or aggregators that are being used by institutions in an effort to circumvent prohibited uses of race.
• Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding.

These are excerpts from the attached formal Title VI Guidance also outlining the issue and the role of all public education agencies:

• Given the text of Title VI and the assurances you have already given, any violation of Title VI—including the use of Diversity, Equity, & Inclusion ("DEI") programs to advantage one's race over another—is impermissible. The use of certain DEI practices can violate federal law. The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences, including:
  • l . The use of the provisions of 42 U.S.C. 2000d-l to seek the "termination of or refusal to grant or to continue assistance under such program," eliminating federal funding for any SEA, LEA, or educational institution that engages in such conduct. [1]

Requested Certification:

On behalf of [SEA/LEA], I acknowledge that

I have received and reviewed this Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard. I further acknowledge that compliance with the below and the assurances referred to, as well as this certification, constitute a material condition for the continued receipt of federal financial assistance, and therefore certify our compliance with the below legal obligations.

On April 3 and again on April 9, the state department, through its Grants Management system, notified all public districts and charters regarding this guidance as well as an attestation that the guidance will be followed.

Under the guidance, districts and charters have until April 24th to certify compliance. Failure to do so will require the state – as the fiscal agent - to put a hold on federal dollars. To date, approximately 350 districts and charters out of 658 have certified compliance.

New law restricts schools from providing harmful foods on campus

PHOENIX – A new state law that restricts schools from providing harmful foods on campus is being celebrated by schoolchildren joined by state lawmakers and schools chief Tom Horne at a commemoration of the bipartisan bill’s being signed into law by the Governor.  

HB 2164 was sponsored by Rep. Leo Biasiucci of Lake Havasu City and creates restrictions on public schools serving or selling food containing ingredients shown in scientific studies to be harmful, such as potassium bromate, propylparaben, titanium dioxide, brominated vegetable oil, yellow dyes 5 and 6, blue dyes 1 and 2, red dyes 3 and 40 and green dye 3. This comes amid growing concerns about ingredients that potentially cause significant health risks for children.

Horne said, “This is a familiar crusade for me. In 2006, I was successful in getting sugared sodas out of schools, and I am very enthusiastic that this legislation has become law. We need to eliminate harmful foods from public schools and vending machines. Synthetic food dyes are associated with behavioral issues which then affect a child's ability to perform academically and engage socially. Replacing foods that contain these ingredients and synthetic dye with those that are minimally processed is achievable. This is already done in Europe. Manufacturers have worked over the past few years to remove trans-fat and reduce sodium to meet USDA requirements, so this change is both desirable and possible.”

Rep. Biasiucci noted, “Our kids deserve better than artificial dyes and cheap fillers in their lunches. If we’re providing meals at school, they should be real, nutritious food—not the kind of processed junk that’s banned in other countries. This law puts the health of Arizona’s children first, plain and simple.”

Issues warning over DEI policies

PHOENIX – The Kyrene school district in Phoenix will give up more than $1.5 million in federal funds now that the governing board has adopted a policy that further embeds Diversity, Equity and Inclusion (DEI) language into district operations, according to state schools chief Tom Horne. He adds that all Arizona districts and charters are on notice to take this matter seriously.

At its April 8 meeting, the district’s governing board unanimously approved a “Staff Social Emotional Wellness Policy” that states, “Policy 1-204 Equal Opportunity - Diversity, Equity, and Inclusion outlines Kyrene’s commitment to value, respect, and celebrate diversity in the workplace.” This is contrary to recent guidance from the U.S. Department of Education that says schools promoting DEI will forfeit federal dollars.  For the upcoming school year, the Kyrene district is expected to have a federal allocation of more than $1.5 million for funds to schools with low-income students, for teacher training and other programs.

Horne said, “Kyrene and any district or charter that is not taking the federal DEI guidance will lose their federal dollars. The U.S. Department of Education has been abundantly clear with its most recent guidance against the use of DEI language in schools. Federal law and the 14^th amendment to the U.S. Constitution are clear that no person shall be discriminated because of race, skin color or ethnicity, and this guidance aligns completely with my philosophy. By contrast, the use of DEI programs does just the opposite and promotes racial discrimination. Schools ignore the federal guidance at their own peril. This is not an empty threat, and districts and charter schools need to treat it seriously.”

The U.S. Department of Education sent a notification to state education agencies nationwide last week that educational institutions receiving federal funds must stop “using race preferences and stereotypes as a factor in their admissions, hiring, promotion, scholarship, prizes, administrative support, sanctions, discipline, and other programs and activities.” The Arizona Department of Education has sent the federal guidance certification letter to districts and charters noting the federal requirement to respond by April 24. Failure to respond or to certify compliance will result in the department putting a hold on funding by the close of business on April 24. The department has certified its own compliance.

Horne concluded, “The most interesting philosophical divide in our country right now is between those like me who believe in individual merit, and those who want to substitute racial entitlement. DEI is all about racial entitlement. The problem with racial entitlement is that it does nothing to promote hard work, conscientiousness, or creativity. If those advocating for it succeed in having it replace individual merit, we will become a mediocre, third world country. China will become the dominant power.”

Will forward updated information to schools

PHOENIX – State Superintendent of Public Instruction Tom Horne is forwarding to schools statewide the new guidance issued today by the U.S. Department of Education requiring schools to acknowledge they will follow federal civil rights law and avoid the use of Diversity, Equity and Inclusion programs. Schools that do not comply with the federal guidance risk losing federal funding.

Horne stated, “Title VI of federal civil rights law is clear that no person shall be discriminated on the basis of race, skin color or ethnicity, and this aligns completely with my philosophy. The 14th amendment to the Constitution says the same thing. By contrast, the use of Diversity, Equity and Inclusion programs does just the opposite and promotes racial discrimination. That has no place in education or society, and I have been working diligently to get it out of schools in Arizona. For example, the department requires every public school to attest on their School Report Cards that they respect all students as individuals, avoiding concepts like Critical Race Theory that promote racial division.  We are all individuals entitled to be judged by what we know, what we can do and our character, and not by our race. I agree with this guidance from the U.S. Department of Education because it upholds the 14th amendment to the Constitution and the laws that protect people from discrimination. Schools need to follow those laws and our Constitution.”

By the close of business today, the department will forward the document provided by the U.S. Department of Education that requires all public schools to attest that they will comply with the guidance in order to continue to receive federal dollars. Schools will have until April 14 to respond.

A copy of the letter is attached.

Updated U.S. Dept. of Ed. privacy requirement in line with Arizona law

PHOENIX – State Superintendent of Public Instruction Tom Horne has forwarded letters from the U.S. Department of Education to Arizona public schools notifying them that they must submit documentation that shows they are following federal privacy law in order to uphold parents’ rights or risk losing federal funds.

At issue is the concern that some local education agencies have misapplied the Family Educational Rights and Privacy Act (FERPA) to withhold information from parents regarding their own children. The federal guidance generally aligns with Arizona law (A.R.S. 1-602) that states, “All parental rights are exclusively reserved to a parent of a minor child without obstruction or interference from this state, any political subdivision of this state, any other governmental entity or any other institution…”

Horne stated, “The Secretary of Education is right to be concerned about schools that have misapplied privacy law to prevent parents from being fully informed about their children’s time at school. Misinforming parents or withholding information is an outrageous abuse of a school’s authority.”

He added, “When my department established the Empower Hotline in 2023, we learned about a spreadsheet distributed in the Catalina Foothills school district with a list of pronouns chosen by students. Students were given the option of withholding information from their parents, and I publicized this matter. In the Chandler district, a lunch time Gay-Straight Alliance Club was created to discuss gender issues but also included the distribution of emancipation paperwork, which a parent only knew about because parents found it in their student’s backpack. Both examples are contrary to Arizona law. The new federal guidance requires schools to verify that such misapplications of federal privacy law are not permitted, and I fully support that effort.”

The federal guidance requires schools and the Arizona department to provide documentation assuring the U.S. Department of Education of compliance with this directive by April 30.

A copy of the letter from U.S. Education Secretary Linda McMahon is attached.​

MCSO pledges help as resource for parents and school districts

PHOENIX – in response to the 30 percent statewide chronic absenteeism rate in Arizona, state schools chief Tom Horne and Maricopa County Sheriff Jerry Sheridan are urging law enforcement, the courts, parents and schools to make sure school-aged students are attending school and any violations of state law are promptly addressed by the legal system.

Data provided to the State Board of Education last month by the Helios Foundation shows that absenteeism rates skyrocketed for all grade levels from approximately nine percent during the 2019-20 school year to 30 percent in the 2022-23 school year.

Arizona defines chronic absence as missing 10 percent or more of the school year for any reason while enrolled at a given school. This results in 18 days missed in a typical 180-day school year assuming a student does not change schools.

Horne said, “I am grateful to Sheriff Jerry Sheridan for his willingness to serve as a resource for parents and school districts around the county who are dealing with this issue of repeated truancies. We have to create a motivation for parents to be sure their children go to school, and when willful violations of the law occur, they are prosecuted, which unfortunately has not always been the case. We urge city attorneys to treat truancy cases brought to them as a priority.”

He added, “The idea that a third of our students are missing 18 days of school or more is a real catastrophe and an emergency for our state. Students cannot learn if they are not in school. We need radical efforts to solve this problem. I continue to urge schools to adopt measures that call for nine unexcused absences resulting in a student failing a course and five tardies counting as an absence. I am also asking law enforcement officers to raise their awareness about this problem and be willing to issue citations for truancy and that the courts vigorously prosecute.”

Sheriff Sheridan has offered to bring awareness to the truancy issue and reinforce that students need to be in school. Under Arizona law, if parents knowingly and willingly allow their children to miss school they are in violation of a Class 3 misdemeanor. Any certified law enforcement officer in Arizona is empowered to cite parents under this law.

Sheridan said, “It isn’t safe for young kids to be out of school and wandering the streets. It’s critical that our kids are in school getting a proper education to prepare them for their future. Our first objective will be to determine if the parents need help in ensuring their children are attending school.”

He added, “Parents who fail to get their children to school are committing a misdemeanor offense and if any parents have children that refuse to attend school, those children will be dealt with at the juvenile court level.”

Dysart Unified School District Superintendent John Croteau added, “As a school district, we believe that every day in class matters. Consistent attendance is key to academic achievement, personal growth, and building strong habits for the future. Our absenteeism policy is designed to support students and families in overcoming barriers to regular attendance. The instruction delivered by our teachers in the classroom is irreplaceable—engaging, personalized, and built on daily progress. When students are present, they not only receive high-quality instruction, but also gain the skills and confidence needed to succeed.”

Under Arizona law in A.R.S. 15-802, all children between the ages of 6 and 16 years are mandated to attend an academic school where they learn, at a minimum, reading, grammar, math, social studies, and science.

A child is considered truant when they have an unexcused absence for at least one class period during the school day or they are not in attendance at school during normal school hours, except as allowed by statute. They are habitually truant if they have missed at least 5 school days within the school year.