Weekly Ed Report March 27, 2023 - Save Our Schools Arizona

Save Our Schools Arizona
Weekly Education Report

56th Legislature, 1st General Session
Volume 5, Issue 12 • Week of March 27, 2023

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Schools In Crisis as #AZLeg Doubles Down on Tax Cuts

Arizona’s got a problem. Despite obvious economic woes, over $200 million in unbudgeted ESA voucher costs, and Ducey’s ruinous flat tax going into effect, Republican lawmakers are doubling down on massive tax cuts that will further defund our public schools.

This week the legislature’s nonpartisan budget analysts released their March report. At first glance, Arizona’s economy might seem stable. Sales tax collections are up, year-over-year growth is stronger than expected, and wage growth is positive. The problem? The massive tax cuts former Gov. Ducey and our Republican-led legislature passed in 2021 are beginning to phase in, meaning our state is both collecting less income tax revenue and giving more revenue away.

Income tax refunds are off the charts: up 52% from last year, even higher than forecast. February revenues fell 11% from last year thanks to the lower income tax withholding that kicked in in January. And this is just the beginning: As the legislature’s nonpartisan budget analysts warned lawmakers in January, “With tax cuts, net growth is negative.”

To make matters worse, our lawmakers are spending recklessly and extravagantly on private school vouchers, compounding the coming crisis. According to a new Arizona Department of Revenue report, STO tax credit vouchers now cost our state over $250 million a year. Add in universal ESA vouchers, which are spiraling out of control at $200 million more than expected per year (and growing!), a legislature that’s putting voucher dogma above fiscal responsibility and the needs of our students, and the expected recession to come — and we’ve got a recipe for disaster for our schools and our state.

It’s hard to overstate the catastrophe Arizona will face if we don’t alter course. The state’s general fund covers all of Arizona’s responsibilities: not just public education, but also public safety, roads, public health, economic security, child safety and more. Our leaders are refusing to learn from history, repeating failed experiments from Kansas, Colorado and elsewhere to create a state that will wither under the oppressive weight of its own failures.

Use our one-click email tool to tell lawmakers you want Arizona’s real education needs prioritized once and for all: bit.ly/prioritizepubliced

Bills in Committee

SB1040, sponsored by John Kavanagh (R-3), would ban trans kids from using the school bathrooms, changing facilities and “sleeping quarters” that align with their gender identities. It would create a situation where trans kids couldn’t use any facilities at all without undue scrutiny of their bodies, calling that a “reasonable accommodation.” Anyone who “encounters” a trans person in a bathroom could file suit against public schools. A federal court found that these policies violate the US Constitution and Title IX, so in addition to being monstrously cruel, this would open Arizona to a host of lawsuits at taxpayer expense. Kavanagh also introduced the bill last year, but it did not receive a hearing. As with other divisive, manufactured culture-war bills, we expect Gov. Hobbs to veto this if it makes it to her desk. Scheduled for House Education Committee, Tuesday. OPPOSE.

SB1138, sponsored by Jake Hoffman (R-15), would ban banks that do business in Arizona from “discriminating” based on political affiliation or social or environmental values. If the measure passes, most banks would not be able to work with any Arizona counties. Fourteen of Arizona’s 15 county treasurers (10 of whom are Republicans) oppose the bill; as the Coconino County treasurer says, “How are teachers going to get payroll if I don’t have a bank I can work with?” One recent study says such efforts could cost Arizona millions. Scheduled for House Commerce Committee, Tuesday. OPPOSE.

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Bills in Committee

SB1410, sponsored by Justine Wadsack (R-17), is now subject to a striker from Lupe Diaz (R-19) that would require public school boards (but not charter schools or ESA-funded voucher schools) to establish the equivalent of Supt. Horne’s “teacher snitch line” for parents to report purported violations of their rights. School boards would have to designate an administrator at each school to receive parent complaints; these administrators would then have to prepare quarterly reports for ADE. Scheduled for House Education Committee, Tuesday. OPPOSE.

HB2291, sponsored by David Cook (R-7), is now subject to a striker that would continue the Arizona Schools for the Deaf & Blind (ASDB) for another 8 years. The school, which has educated students with auditory and visual issues since Arizona’s statehood in 1912, would have to close by July 1 if the bill does not pass. The delay on reauthorization, usually a clean and seamless process, has fueled suspicions of a more nefarious agenda. Earlier this session, Justine Wadsack (R-17) attempted to force ASDB to offer services to any child with a disability, forcing numerous staffing and programmatic changes and increasing ASDB’s annual operating costs by $295 million annually. The school received a clean audit last year as part of its review; we urge lawmakers to continue ASDB so it can continue to help these children with unique needs as Arizona’s Constitution requires. Scheduled for House Education Committee, Tuesday. SUPPORT.

What's a Striker?

Also known as a strike-everything amendment, a striker is an amendment that removes all the original text of a bill and replaces it with entirely new text that doesn't even have to be related to the original bill. They're a common parliamentary tool in many states, not just here in Arizona.

Strikers can be used to introduce new ideas or revive old ones, as well as to circumvent parts of the legislative process or go around a committee chair who may oppose a particular concept. Like any tool in the legislative toolbox, strikers can be used in multiple ways; how they're used and the underlying concept is more important than whether they're used.

So what happens next? If a striker is attached to the bill in its "crossover" chamber (the House for Senate bills, the Senate for House bills), the newly struck bill will have to go back to the House for a full confirming vote. This is called a "final read." It only goes through the committee process chamber once, when the striker text is introduced. This greatly restricts the opportunity for input and comment from stakeholders and the public. This is less damaging for a bill like HB2291, which continues an existing program, than for a bill like SB1410, which introduces an entirely new one.

SB1281, sponsored by Janae Shamp (R-29), would mandate state income tax rebates of $200 individual, $400 joint, for anyone who filed a tax return in 2022. The bill’s fiscal note estimates this would cost the state an eye-popping $936 million. A revenue cut of that amount would spell massive cuts to K-12 education. Part of an overall package of tax cuts which would impact the state General Fund by billions of dollars. Scheduled for House Ways & Means Committee, Wednesday. OPPOSE.

SB1323, sponsored by Jake Hoffman (R-15), would put Arizona public school teachers (but not teachers at ESA-funded private schools) behind bars for up to two years if they so much as recommend a book to students that lawmakers consider too “sexually explicit.” This builds on last year’s ban, which has already essentially frozen the teaching of books like “The Color Purple,” “The Canterbury Tales” and “Atlas Shrugged,” preventing Arizona’s students from getting a well-rounded education. State law already makes it a felony to show pornography to children. Scheduled for House Judiciary Committee, Wednesday. OPPOSE.

SB1694, sponsored by Jake Hoffman (R-15), would ban the state, including public schools, from requiring “diversity, equity, and inclusion programs” for its employees, spending public funds on such programs, or setting policies to influence the composition of its workforce on the basis of race, sex, or color. Any employee required to participate would be authorized to sue. Diversity, equity and inclusion is a philosophy designed to harness the differences, talents and unique qualities of all individuals. Of course, this bill does not impose any requirements on taxpayer-funded private schools receiving ESA vouchers. Paradoxically, the sponsor says his bill is what MLK would have wanted. Scheduled for House Government Committee, Wednesday. OPPOSE.

SCR1002, sponsored by Anthony Kern (R-27), would ask voters to restrict their own direct democracy powers by requiring a supermajority vote on constitutional amendments. Last year’s Prop 132, which instituted a requirement for a 60% supermajority vote on tax measures, started out as applying to all voter-initiated ballot measures — a high bar that doesn’t exist anywhere else in the country. The bill is motivated by majority lawmakers’ increasing frustration with measures they don’t like (voters’ frustration with lawmakers who don’t listen apparently doesn’t figure in) and their fear of losing control of the lawmaking process to Democrats. If both Republican-controlled chambers pass the measure, it will head to the ballot, and Gov. Hobbs cannot veto it. Scheduled for House Municipal Oversight & Elections Committee, Wednesday. OPPOSE.

SCR1024, sponsored by Justine Wadsack (R-17), asks voters to enshrine racism in the state Constitution. This culture-war-driven measure would prevent the state from giving minority-owned businesses any preference in state contracts, keep school districts from specifically hiring black or brown teachers in an effort to increase representation, block teachers from discussing inclusion and equity issues that have arisen despite the 14th Amendment, and ban certain content from being taught in schools. This would negatively impact student learning, teacher retention and recruitment, and does nothing to prevent discrimination on the basis of race or ethnicity in taxpayer-funded private schools receiving ESA vouchers. Scheduled for House Government Committee, Wednesday. OPPOSE.

HB2533, sponsored by John Gillette (R-30), is a rehash of a failed bill from last year that would require public schools to post a list of every single item teachers use or discuss with students. The unrealistic and unnecessary burden this places on already overworked, underpaid Arizona teachers cannot be overstated. Private schools and microschools receiving taxpayer dollars via ESA vouchers are predictably exempt. Backed by voucher pushers like the Goldwater Institute, and similar to legislation proposed in at least 17 other states. Scheduled for Senate Education Committee, Wednesday. OPPOSE.

HB2538, sponsored by Beverly Pingerelli (R-28), would allow district and charter schools to offer live, remote instructional courses for students in grades 9-12 in exchange for a portion of school funding. ADE would pay the district or charter an incentive bonus of $500 for each remote student who passes the course. Offering bonuses for passing grades monetizes learning and leads to cherry-picking of students and other forms of inequity. Scheduled for Senate Education Committee, Wednesday; also assigned to Senate Appropriations. OPPOSE.

Actions!

Use Request to Speak on these bills before Monday at 12PM:

Need a RTS account? Sign up here.

Only three months in office, Superintendent of Public Instruction Tom Horne has all but removed “Public” from his title. Horne is radically shifting the direction of the Arizona Department of Education to an anti-public school, voucher-pushing agency focused on “selling” vouchers for elite private schools across the US. Horne put out the welcome mat for the special interest group American Federation for Children (AFC), a Betsy-Devos-backed organization that has spent billions on the privatization of public education across the country. AFC spent $570,000 in Arizona on privatization candidates like Horne 2022 alone.

This week, angry ESA parents revealed to the State Board of Education (SBE) a bombshell: Horne’s team worked with Betsy DeVos-backed AFC on a new draft of the ESA Policy Handbook, which guides every aspect of the program and dictates how over $600 million in taxpayer funds are being spent. During the meeting, Accurso openly admitted to sending the handbook to AFC’s Arizona Implementation Director for edits.

These edits removed all references to the vendor marketplace and debit cards (which low-income parents rely on) and stripped out any reference to SBE rules. Accurso claims that DeVos’ AFC had “no influence” on the handbook – which is clearly a lie.

It is far past time for the Arizona Legislature to step in and roll back this program before it bankrupts this state, and the Superintendent of Public Instruction needs to focus on public instruction rather than elite private schools for the wealthy.

Use our one-click email to contact your lawmakers TODAY, urging them to pass accountability for the universal ESA voucher program. If you’ve already emailed, please do it again!

Bills in Rules Committees

The goal is likely for these bills to receive a floor vote this week, so after you use RTS, contact your senator for Senate bills, your representatives for House bills.

Remember, the Rules committees don’t take public testimony and won’t read your comments.

SB1026, sponsored by John Kavanagh (R-3), threatens school funding by prohibiting organizations that receive state tax dollars (including public schools) from hosting “drag shows” to entertain people under 18. Violators would lose state funds for 3 years. The bill’s definition of “drag show” is broad enough to include school plays such as Shakespeare or football players who dress up as cheerleaders for pep rallies. Identical bills have been introduced in several other states, prompting concerns of model legislation drafted by a hate group. The Legislature’s nonpartisan rules attorneys have told them the bill is unconstitutional. Scheduled for House Rules Committee, Monday. OPPOSE.

SB1255, sponsored by Anthony Kern (R-27), would restrict Arizona agencies from creating rules that would increase regulatory costs by more than $500,000 over 5 years after implementation. The Legislature would instead be required to enact legislation to ratify the proposed rule into law. Although the far right says it will “rein in unelected bureaucrats,” this shortsighted measure would kneecap Hobbs and Mayes’ ability to regulate unaccountable, wasteful spending. A prime example is Arizona’s universal ESA voucher program; parents who use the program are complaining about the payment processor, ClassWallet, and a different vendor could cost easily that amount or more. In committee, the sponsor could not answer how many rules this would impact, but said “it shouldn’t matter.” Scheduled for House Rules Committee, Monday. OPPOSE.

HB2539, sponsored by Beverly Pingerelli (R-28), would force the Arizona Department of Education to implement a “public awareness program” to prop up school choice in Arizona, including free publicity for taxpayer-funded ESA vouchers. If someone moves to Arizona and registers a car here, the information would be delivered to them along with their registration. This absurd bill would spend $600,000 per year and create four full-time positions to handle this work. Scheduled for Senate Rules Committee, Monday. OPPOSE.

Bills on the Floor

These bills are scheduled for a floor vote on Monday. Floor calendars come out the night before, so this list doesn’t include any bills that might be heard Tuesday through Thursday. We encourage you to scan the “Bills in Motion” section and contact your senator or representatives directly, as applicable, on bills you care about.

HB2800, sponsored by Matt Gress (R-4), would fund raises for some district and charter teachers, but is poorly thought out and has many problems. The purposeful lack of flexibility means that, if lawmakers cut public school spending, districts would be forced to lay off teachers (increasing class sizes) rather than reduce pay to make ends meet. The funds are tied to increased “accountability” for public schools, but our state is now spending roughly the same amount as this bill does on ESA vouchers every year, which have zero accountability. The bill does not provide sufficient funds, even at the beginning, to achieve the promised raises. And the monies would fall under the AEL school spending cap, compounding that problem. HB2779 (Schwiebert, D-2), which was constructed thoughtfully with input from many education experts, was not given a hearing but could still be wrapped into budget negotiations. Scheduled for a House floor vote, Monday. OPPOSE.

Bills in Motion

Any of the bills marked “ready for floor” could be brought up for a vote with less than one day’s notice. Bills that are “ready for rules” first require caucus meetings, which usually happen once weekly, before being brought to a vote.

Key: ⚠️= veto-proof bill, ⏱️= time is running out, 📥= on Gov. Hobbs’ desk, ☠️= dead

Ballot Referrals:

⚠️SCR1002, Kern (R-27), would ask voters to require a supermajority vote on constitutional amendments. Passed the full Senate on partisan lines, with Republicans in support. Scheduled for House Government Committee, Wednesday. OPPOSE.
⚠️SCR1015, Mesnard (R-13), would ask voters to require ballot measures to collect signatures from a percentage of voters in each of Arizona’s 30 legislative districts: 10% for initiatives and 15% for a constitutional amendment. Awaits House Rules Committee, then the floor (and the ballot). OPPOSE.
⚠️SCR1024, Wadsack (R-17), asks voters to enshrine racism in the state Constitution. This would negatively impact student learning, teacher retention and teacher recruitment. Scheduled for House Government Committee, Wednesday. OPPOSE.
⚠️⏱️SCR1025, Wadsack (R-17), would ask voters to insert the “parents’ bill of rights” into the state Constitution as a far-right political bludgeon against public schools. Does not apply to private schools receiving taxpayer funds via ESA vouchers. Assigned to House Health Committee, not yet on an agenda. OPPOSE.
⚠️SCR1034, Mesnard (R-13), would ask voters to amend the state Constitution to automatically extend the previous year’s state budget if lawmakers don’t pass one in time. This would remove the only structural motivation lawmakers have to work together. SCR1034 awaits House Rules Committee, then the floor (and the ballot). See duplicate bill HCR2038, Livingston (R-28). OPPOSE.
⚠️SCR1035, Mesnard (R-13), would mandate automatic 50% income tax cuts if Arizona has a surplus. These are permanent cuts to the state general fund – and desperately needed dollars that could be used to bring funding for K-12 schools out of the bottom 5 nationally. Awaits House Rules Committee, then the floor (and the ballot). OPPOSE.
⚠️⏱️HCR2038, Livingston (R-28), would ask voters to amend the state Constitution to automatically extend the previous year’s state budget if lawmakers don’t pass one in time. This would remove the only structural motivation lawmakers have to work together. See duplicate bill SCR1034, Mesnard (R-13). Awaits a House floor vote; twice scheduled and retained. OPPOSE.

Attacks on Teachers & Curriculum:

⏱️SB1001, Kavanagh (R-3), would ban teachers from using a student’s chosen pronouns without written parental permission. This manufactured, divisive culture-war bill further politicizes teachers and will deepen Arizona’s ongoing teacher retention crisis. Doesn’t apply to taxpayer-funded private schools taking ESA vouchers. Passed the Senate on party lines. Assigned to House Education Committee, not yet on an agenda. OPPOSE.
SB1040, Kavanagh (R-3), would ban trans kids from using the school bathrooms, changing facilities and “sleeping quarters” that align with their gender identities, further politicizing teachers. Doesn’t apply to taxpayer-funded private schools taking ESA vouchers. Scheduled for House Education Committee, Tuesday. OPPOSE.
SB1323, Hoffman (R-15), would make it a felony for any public school employee to violate last year’s ban on referring students to or using any so-called “sexually explicit” material, which includes commonly taught literature and even the Bible. Doesn’t apply to taxpayer-funded private schools taking ESA vouchers. Scheduled for House Judiciary Committee, Wednesday. OPPOSE.
HB2523, Parker (R-10), would require every K-12 student to recite the Pledge of Allegiance daily at district and charter schools. Doesn’t apply to taxpayer-funded private schools taking ESA vouchers. Passed the full House 2/21 on partisan lines, with Republicans in support. Awaits Senate Rules Committee, then the floor. OPPOSE.
HB2533, Gillette (R-30), would require public schools to post a list of every single item teachers use or discuss with students. Doesn’t apply to taxpayer-funded private schools taking ESA vouchers. Scheduled for Senate Education Committee, Wednesday. OPPOSE.
HB2786, Heap (R-10), would require school boards to notify parents of recommended or funded “training opportunities” for staff. Part of the hunt for nonexistent “critical race theory” in schools. Doesn’t apply to taxpayer-funded private schools taking ESA vouchers. Awaits Senate Rules Committee, then the floor. OPPOSE.

Voucher Expansions:

SB1243, Mesnard (R-13), would bolster profit for STO vouchers by rolling them into a single category and increasing the maximum contribution amount. Awaits House Rules Committee. OPPOSE.
HB2014, Livingston (R-28), would more than triple over 3 years the amount Arizona spends on a specific type of STO voucher. Awaits Senate Rules Committee. OPPOSE.
HB2504, Parker (R-10), would expand STO vouchers to students in foster care. Public schools serve the vast majority of foster youth, who are already eligible for ESA vouchers. Awaits Senate Rules Committee. OPPOSE.

Attacks on Schools, School Boards, Districts:

SB1026, Kavanagh (R-3), threatens school funding by banning “drag shows” for people under 18. Violators would lose state funds for 3 years. Broad enough to include school plays and pep rallies. Scheduled for House Rules Committee, Monday. OPPOSE.
SB1331, Shamp (R-29), would allow parents to carry guns on school property with a valid concealed weapons permit, violating federal law. Passed the full Senate 2/21 on partisan lines, with Republicans in support. Awaits a House floor vote. OPPOSE.
SB1410, Wadsack (R-17), would allow lawmakers to order the Attorney General to investigate if school boards are violating state law, potentially obstructing local control by blocking policies they disagree with. Scheduled for House Education Committee, Tuesday. OPPOSE.
SB1599, Mesnard (R-13), would fine school districts that don’t post teacher salary information as already required by law up to $5,000 per day. Awaits a House floor vote; scheduled 3/20, but retained. OPPOSE.
SB1694, Hoffman (R-15), would ban the state, including public schools, from requiring “diversity, equity, and inclusion programs” for its employees. Scheduled for House Government Committee, Wednesday. OPPOSE.
SB1696, Hoffman (R-15), broadly doubles down on a ban on district and charter schools exposing minors to “sexually explicit materials.” Awaits House Rules Committee. OPPOSE.
⏱️SB1700, Wadsack (R-17), is a broadly written book ban that takes aim at “gender fluidity” and “gender pronouns,” and would introduce an inaccurate, weaponized definition of “grooming” into statute. Assigned to House Education Committee, not yet on an agenda. OPPOSE.
⏱️SB1704, Wadsack (R-17), would make it an “unlawful discriminatory practice” for public schools to ask for kids’ shot records. Vaccination rates in Arizona are dropping and measles is making a comeback; it’s dangerous to children. Assigned to House Health Committee, not yet on an agenda. OPPOSE.
HB2539, Pingerelli (R-28), would force the State Board of Education to implement a “public awareness program” to prop up school choice in Arizona, including free, mandatory publicity for taxpayer-funded ESA vouchers. Scheduled for Senate Rules Committee, Monday. OPPOSE.
⏱️HB2546, Jones (R-17), would force any school district with at least 35,000 students to call an election to decide whether to split the district into two or more. This could lead to educational gerrymandering. Assigned to Senate Education Committee, not yet on an agenda. OPPOSE.

Resources & Accountability:

⏱️SB1281, Shamp (R-29), gives state income tax rebates of $200 individual, $400 joint, to anyone who filed a return in 2022. This would drain $936 million from the state General Fund, which would mean massive cuts to K-12 education. Assigned to House Ways & Means Committee; not yet on an agenda. OPPOSE.
SB1255, Kern (R-27), would restrict Arizona agency rulemaking and substitute the legislative process instead. This would kneecap the state’s ability to regulate unaccountable, wasteful spending, such as with universal ESA vouchers. Scheduled for House Rules Committee, Monday. OPPOSE.
⏱️SB1559, Kaiser (R-2), is a state tax cut for corporations. This would drain money from the state General Fund, which would mean cuts to K-12 education. Assigned to House Ways & Means Committee, not yet on an agenda. OPPOSE.
⏱️SB1674, Epstein (D-12), would require a cost study of Arizona online instruction to make sure students are learning and taxpayer dollars are properly spent. Awaits Senate Rules Committee. SUPPORT.
⏱️SB1675, Epstein (D-12), would make menstrual hygiene products available free of charge in public district and charter schools that serve students in grades 6-12. Awaits Senate Rules Committee. SUPPORT.
⏱️SB1706, Marsh (D-4), creates reporting that requires the ADE to release more information about who is using ESA vouchers and how taxpayer funds are being spent. Awaits Senate Rules Committee. SUPPORT.
⚠️SB1577, Mesnard (R-13), would mandate automatic 50% income tax cuts if Arizona has a surplus. These are permanent cuts to the state general fund – and desperately needed dollars that could be used to bring funding for K-12 schools out of the bottom 5 nationally. Awaits House Rules Committee, then the floor. OPPOSE.
HB2003, Livingston (R-28), would slash corporate income taxes nearly in half by 2025. Arizona’s tax giveaways already far outpace the entire state budget. Scheduled for Senate Appropriations Committee, Tuesday. OPPOSE.
⏱️HB2538, Pingerelli (R-28), would allow live, remote instruction for grades 9-12, with bonuses for passing grades. This would monetize learning, leading to cherry-picking of students and other forms of inequity. Scheduled for Senate Education Committee, Wednesday; also assigned to Senate Appropriations, not yet on an agenda. OPPOSE.
⏱️HB2800, Gress (R-4), would fund raises for some district and charter teachers, and tie them to a busywork “accountability” measure. The lack of flexibility means spending cuts would force teacher layoffs (and larger class sizes). Scheduled for a House floor vote, Monday. OPPOSE.

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Save Our Schools Arizona Weekly Education Report

56th Legislature, 1st General Session Volume 5, Issue 12 • Week of March 27, 2023

Click here to jump to a section!

Click here to jump to a section!

Schools In Crisis as #AZLeg Doubles Down on Tax Cuts

Bills in Committee

Get Your SOSAZ Merch

Upcoming Events!

Bills in Committee

What's a Striker?

Actions!

Bills in Rules Committees

Bills on the Floor

Bills in Motion

Ballot Referrals:

Attacks on Teachers & Curriculum:

Voucher Expansions:

Attacks on Schools, School Boards, Districts:

Resources & Accountability:

Join Team SOSAZ!

Save Our Schools Arizona
Weekly Education Report

56th Legislature, 1st General Session
Volume 5, Issue 12 • Week of March 27, 2023