Bill would allow students to use taxpayer funds for out-of-state schools

For some, an education bill making its way through the Arizona Legislature has become a Rorschach test.

One group sees the legislation as necessary to keep a handful of Arizona Native American students enrolled in a private school in New Mexico.

Another believes the bill sets up a slippery slope toward expanding the state’s school voucher-like Empowerment Scholarship Account program, diverting more taxpayer money away from public schools.

On Tuesday, dozens gathered to testify during a Senate Education Committee hearing as the lawmakers considered Senate Bill 1224. The bill, as amended, would allow students living on Native American reservations to use ESA money at schools up to 2 miles into neighboring states.

Through the ESA program, the state sends participating Arizona families funding to use for private school tuition or other educational expenses. Only certain students, including students with disabilities and those attending failing schools, are eligible to receive the funding, which would otherwise go to public schools.

The program has long drawn controversy: The Arizona Department of Education is weathering outrage over an error that revealed the private information of thousands of ESA parents.

Senate Education Committee Chairwoman Sylvia Allen, R-Snowflake, sponsored the bill. She said her proposal solves a problem for several families on the Navajo Reservation. Some students there use ESA funds at Hilltop Christian School, a private Christian school just across state lines in New Mexico.

“Those little children ... are thriving where they’re going to school, and these parents need to be supported,” Allen said.

But Democrats said in the hearing that the legislation defies voter wishes not to expand the program. In 2018, voters rejected a measure that would have expanded the ESA program to allow any Arizona student to apply.

“If we pass this bill, we’re setting a precedent,” Sen. Sally Ann Gonzales, D-Tucson, said. “These Navajo children are being used as pawns, after this passes, to expand ESA voucher programs.”

Lawmakers voted 6-3 along party lines to advance the bill to the full Senate. It still needs approval from the full Senate and the House.

The legislation comes after the American Federation for Children, a pro-voucher group, cried foul when the Arizona Department of Education in 2019 sent letters to Hilltop Christian families in Window Rock challenging the use of the money out of state.

The Legislature approved a bipartisan fix in May 2019 that allowed any student using Empowerment Scholarship Account funds at an out-of-state private school within 2 miles of the state border to continue to do so until July 1, 2020.

But Gov. Doug Ducey said in June 2019 that he would support permanently allowing Navajo families to spend taxpayer funds at out-of-state private schools. Allen’s proposal would allow that.

Marty Begay, who identified himself as Native American, called education “deeply personal” for his community and said he supported Allen’s proposal.

“I know how crucial it is that the tribal parents have the ability to customize their child’s education or attain success,” he said.

Dozens on Tuesday attended the hearing wearing Save Our Schools Arizona T-shirts in support of a group that opposes the expansion of the ESA program.

Dawn Penich-Thacker, a spokeswoman with Save Our Schools Arizona, wrote in a statement that the bill is a “broad expansion of out-of-state private school vouchers.”

“Over time, this bill could send millions of Arizona tax dollars to subsidize private schools in California, Utah, New Mexico, Colorado and Nevada — all states with whom we share reservation land,” she wrote in an emailed statement.

Another member of the Navajo Nation, Debbie Nez-Manuel, told the lawmakers that Sunday school is a “good place” for religious education, adding that there are plenty of in-state options for students in Window Rock.

“If we need to set aside money or do something, let’s do it for the traditional K-12 schools,” she said.

While Democrats on the committee cautioned that the bill would set a dangerous precedent by allowing the use of ESA money in other states, Republicans condemned their colleagues for accusing them of trying to gut district schools.

“I don’t care if I lose my seat at the Legislature,” Sen. Rick Gray, R-Sun City, said. “As long as I’m here, I will stand up for those kids because they need to have a voice.”

On Monday, Arizona Superintendent of Public Instruction Kathy Hoffman addressed the House Education Committee in her annual State of Education address. She did not mention the ESA data breach in her speech, but lawmakers grilled her about the issue.

“You’ve been on the record opposing ESAs, so you can understand how the families feel like they’ve been attacked,” Rep. Regina Cobb, R-Kingman, said.

Hoffman clarified that she opposed an expansion of the ESA program. She said the department is examining the procedures instituted to redact data.