In a recent legal battle reported by the Goldwater Institute, two homeschooling mothers, Velia Aguirre and Rosemary McAtee, have filed a lawsuit against the Arizona Department of Education. The lawsuit challenges new limitations imposed on the use of Empowerment Scholarship Accounts (ESAs), which restrict funds from being used to purchase essential educational materials like books and pencils. These restrictions, spurred by Arizona Attorney General (AG) Kris Mayes’ continued efforts to curtail the ESA program, hinder the ability of homeschool families to provide a well-rounded education for their children. The Goldwater Institute states in the article:
“The law is clear: ESA families have the right to use these educational materials without being forced to justify to the Attorney General or state bureaucrats why they’re buying pencils or picking individual books for their children,” says Goldwater Institute Staff Attorney John Thorpe. Unfortunately, AG Mayes’ arbitrary action is now having a detrimental impact on thousands of Arizona’s ESA parents and their children.
The Goldwater Institute, which is suing on their behalf, argues that these restrictions conflict with the original intent of the ESA program, which was designed to give parents full control over their children’s education, especially those who opt out of the public school system. By imposing these limitations, the state is effectively preventing families from accessing the resources they need to tailor education to their child’s needs. Goldwater further elaborates on the challenges the new rules create for homeschooling families, limiting their ability to purchase basic learning tools. The article explains:
“What’s more, the AG’s new mandate simply ignores state law and violates the Department of Education’s own handbook, which safeguards the ESA program by requiring documentation for unusual purchases, but not for common-sense purchases of items that are “generally known to be educational.”
Now, Goldwater is suing state officials on Velia and Rosemary’s behalf: We’re challenging this wrong-headed new requirement and seeking a court order to ensure parents don’t have to run a gauntlet of paperwork and bureaucratic hurdles every time they want to buy books or pencils for their children.
The outcome of this lawsuit will likely have a lasting impact on Arizona’s education landscape and the future of ESA funds for homeschooling families. Read the full story here.