The Goldwater Institute sent a letter to Arizona Treasurer Kimberly Yee on June 14, urging her to continue Empowerment Scholarship Accounts for all-day kindergarten despite Gov. Katie Hobbs’ retraction of the agreement.
After entering into an agreement on New Year’s Day to fund Arizona kindergarteners with up to $50 million in ESA grants, Hobbs canceled the funding on May 21. Hobbs argued it violated the rules of the American Rescue Plan Act, the source of funding, by going against the 14th Amendment right that people in equal circumstances be treated the same under the law.
Goldwater Institute Attorney John Thorpe argued Hobb’s actions are unjustified.
“In fact, consistent with Gov. Hobbs’ anti-ESA rhetoric over the past year, this isn’t really about legal arguments at all: it’s just the latest effort in a series of attacks on school choice in general, and on Arizona’s ESA program in particular,” Thorpe said. “But just like other recent attempts to disempower parents, Gov. Hobbs’ latest tactic is bound to fail.”
The progressive Arizona Center for Law in the Public Interest has already threatened to sue Yee’s office if they do not follow Hobb’s decision. The Goldwater Institute argues that the contract does not allow for unilateral termination by the governor, and therefore the lawsuit would not succeed.
In May, Yee responded to the rescindment, suggesting legal action may be in order.
“Governor Hobbs has just denied thousands of Arizona kids access to kindergarten through this politically driven and belligerent decision,” Yee said. “As has become the norm for this governor, my office first learned of her action through a press release prior to receiving the letter, and we have yet to receive any communication from the Governor or her team on this matter other than the letter. Our legal team is currently reviewing the lawfulness of the governor’s move and determining next steps.”