Rivals for AZ schools chief split on whether ESA students should be tested

For Tucson families weighing public, private, parochial or home education, the race for Arizona superintendent of public instruction presents a fundamental question about school choice: Should students receiving state funded Empowerment Scholarship Account money have to demonstrate academic progress? Democratic candidate Teresa Leyba Ruiz says private and parochial schools accepting ESA funds should be required to show through academic testing that students are learning. Republican candidate Kimberly Yee rejects that requirement, arguing parents should decide how their children are educated.

The issue matters across Southern Arizona because the ESA program is no longer limited to a small group of students with specific needs. Under legislation approved by Republican lawmakers in 2022, any Arizona student can qualify for an account, with awards beginning at about $7,500 per student each year. Those dollars can be used for private school tuition, home education expenses, tutoring and other approved services. The program had about 104,000 participating students as of last month, and an Arizona Department of Education report projects that number will rise above 117,000 by the end of this school year and approach 130,000 the following year. The projected cost is more than $1.4 billion.

Ruiz and Yee debated the testing question during a televised forum on Monday hosted by Ted Simons for KAET TV, the Phoenix PBS station. Ruiz argued that once taxpayers are financing education outside the public school system, the state has a responsibility to determine whether those funds are producing an educational benefit. She framed testing as a basic accountability measure and asked how Arizona taxpayers could know what return they are receiving on their investment. In her view, parents may choose a school, but public officials still must monitor the use of public money.

Yee said testing is unnecessary and described herself as a strong supporter of private schools and home schooling. She said parents understand their children’s needs better than state officials and can withdraw them from a private school, home education program or tutoring service if they are dissatisfied. Her position reflects the central argument behind universal ESAs, that families should be able to select the educational setting they believe fits their children without having to meet testing or financial eligibility requirements.

The debate also touched on concerns over how ESA money has been spent. The program has faced allegations that some parents, particularly those educating children at home, used funds for items with little or no educational value. Reports have cited purchases including a $5,000 Rolex watch, a $24,000 golf simulator and a vasectomy kit. Yee has said the law limits the superintendent’s ability to overrule a parent’s judgment about what a child needs. This year, however, she has proposed a technology based system that would flag questionable purchases when they are made, rather than requiring the state to seek repayment after the money has already been spent.

The candidates also argued over responsibility for managing the program. The superintendent of public instruction administers the ESA system, although the elected officeholder does not control academic oversight at private schools. Ruiz criticized Yee for not speaking out sooner about questionable spending while serving as state treasurer, a position she held for eight years and which is connected to the agency responsible for financial administration of the program. Ruiz said Yee should have been warning the public and protecting taxpayer money. Yee responded that the treasurer’s office does not operate the ESA program day to day, a duty she said rests with the superintendent. Yee is running after defeating current Superintendent Tom Horne in the Republican primary.

The candidates differ on who should qualify financially as well as on testing. Yee defended the 2022 decision to make ESAs universal, saying then Governor Doug Ducey and the Legislature wanted every child to have access to a school of choice. Ruiz said she supports school choice but believes the program should include an income limit, arguing that ordinary Arizona taxpayers should not be required to finance education choices made by millionaires. She did not specify the income ceiling she would support. Earlier this year, the Arizona Education Association and Save Our Schools backed a proposed ballot measure that included a $150,000 household income cap, but the measure did not qualify after courts determined that it lacked enough valid signatures.

That failed ballot effort followed an earlier fight over the program. The Legislature approved universal ESAs in 2017, but opponents gathered enough signatures to put the issue before voters in 2018. Voters rejected it by nearly a two to one margin. That vote did not prevent lawmakers from passing the 2022 expansion, leaving the program in place and making its cost and oversight central issues in the superintendent’s race. Both Ruiz and Yee say Arizona should put more money into public schools, although they disputed who had been in a position to make that happen. Yee said she could not change school funding during her eight years as treasurer. Ruiz countered that Yee had previously served eight years in the Legislature, including as Senate majority leader, when she had greater influence over education spending.

The campaign has also become personal. Yee criticized Ruiz’s five years as president of Glendale Community College, saying Ruiz earned more than $315,000 annually while the college had an 18% graduation rate. Ruiz challenged the salary figure and said community college graduation statistics can be misleading because students often take only a few classes, leave and return, or transfer to other institutions. Campaign finance reports show Ruiz has raised more than $311,000 and had nearly $139,000 available. Yee reported nearly $424,000 in contributions and about $244,000 in cash after a primary contest that included Horne. Her campaign also faced nearly $200,000 in opposition spending from Arizonans for Election Integrity, a group funded by Citizens for Effective Government, which had no registration record with the Secretary of State’s Office. For Tucson voters, the choice will help determine whether Arizona’s rapidly expanding school choice system remains largely parent directed or gains stronger testing and financial accountability requirements.