School voucher reform measure booted from November ballot
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A wide-ranging measure to curtail the state's school voucher program is dead after a legal challenge left it without enough signatures to qualify for the November ballot.
Why it matters: The Empowerment Scholarship Account (ESA) program has become a political lightning rod and partisan dividing line.
- Critics assail it as an attack on public education and are harshly critical of abuses in how some parents spend ESA money.
- Supporters hail it as a landmark school choice program that provides opportunities for students whose needs aren't met by public schools.
Driving the news: The Arizona Supreme Court on Tuesday upheld key portions of a trial court's ruling on Proposition 212, also known as the Protect Education Act.
Zoom in: The case revolved around the method for invalidating signatures of voters who signed more than once.
- Prop. 212 needed at least 255,949 valid signatures.
- The legal challenge left the measure with about 240,000, attorney Kory Langhofer, who represented the plaintiffs, tells Axios.
What they're saying: Anti-public education lawmakers, pro-voucher activists and their wealthy allies fought to make sure accountability measures weren't imposed on ESAs, the Protect Education Accountability Now committee said in a press statement.
- "It does not reflect the overwhelming support of educators, parents, and public school advocates across the state who volunteered their time and demanded a voice in reforming a program that abused taxpayer money and pulled funding from their neighborhood public schools."
The other side: "Tens of thousands of parents and students across Arizona are breathing a sigh of relief today," said former Gov. Doug Ducey, who signed a 2022 law expanding ESAs to all students and serves on the board for the pro-ESA Goldwater Institute.
- "Today’s ruling should send a clear message to any other anti-parent, anti-school-choice organization: Arizonans overwhelmingly embrace school choice and will continue to do so, regardless of how many millions of dollars these groups waste trying to take it away."
How it works: The ESA program provides money to parents whose children don't attend public schools, which can be used for private school tuition, instructional materials and other educational purposes.
- Prior to universal expansion, the program was limited to students with disabilities and other groups, like those in failing schools and children of active-duty military parents.
- Legislative budget analysts expect the program to cost as much as $1.2 billion this year, with more than 113,000 enrollees.
State of play: Prop. 212 would have made several major changes to the program, including:
- Limited ESAs to families with household income up to $150,000, exempting students with disabilities and other groups that qualified prior to universal expansion.
- Mandated that materials purchased with ESA funds be required or recommended by state-approved curriculum, explicitly banned luxury and non-educational items.
- Required families to return unspent funds, which can currently be saved for future use.
By the numbers: The National Education Association contributed nearly $6.6 million to the Prop. 212 campaign through the end of June, per the Protect Education Accountability Now's most recent campaign finance report.