Several education groups and advocates have come together through a coalition and filed a petition to put reforms on the state’s controversial Empowerment Scholarship Accounts program, or ESA. ESA advocates say these reforms are unnecessary, feeling like the program is already transparent and accountable.
Since the program became universal in 2022, criticisms have followed, some saying that the program is unaccounted for and is ripe with fraud. Several people outside of the state have been indicted and charged with fraud for misusing the program. Arizona Superintendent Tom Horne previously said there have only been a few instances of issues compared to how many families use it.
“Waste fraud and abuse in any government program, including public schools, is absolutely unacceptable. Thankfully, right now, the reason we know about these situations is because of the accountability and transparency in Arizona’s ESA program is so robust,” said Jenny Clark, an ESA mom and founder, executive director of the organization Love Your School.
Before 2022, about 11,000 students used the program; it was originally meant for students with disabilities. But, after Governor Doug Ducey approved a bill to expand it universally, it has now grown to more than 100,000 students this year.
The universal program allows families to use state-funded money to attend any school they want, including private, home school, religious schools, tutoring or other educational needs.
An ABC15 investigation in October of 2023 examined the purchases made through ESA funds. Expenses ranged from tuition to trampoline parks and some purchases, such as driving lessons in luxury cars and more gained criticism. The Arizona Department of Education has previously defended those purchases and said they were allowed.
"The legislature has had years, actually three years now, to make these reforms that voters are, clearly, asking for. And they've refused to make any reforms,” said Beth Lewis, the director of Save Our Schools.
Lewis said that lawmakers have not made many changes, despite efforts from Governor Katie Hobbs, who had to make compromises with the Republican majority legislature. So, Save Our Schools, the Arizona Education Association, families and educators, through a coalition on Friday, filed a petition to potentially get a ballot measure to bring reforms to the universal program. The petition is dubbed the “Protect Education, Accountability Now Act.”
“They still have that opportunity in the next few weeks,” Lewis said of lawmakers. "Otherwise, we the people are ready to take matters into our own hands.”
The petition filed is looking for an overhaul on the ESA program, including:
- Putting an income cap for participants at $150,000 for universal families.
- Restricts use of funds on prohibited items, for example, jewelry or lingerie, or paying a student’s family member (except for students with disabilities).
- Requires teachers and staff at qualified schools or tutors to have fingerprint clearance cards.
- Requires qualified schools or tutoring services to register with the Arizona Department of Education and pay registration fees.
- Ensure that schools receiving ESA funds are accredited or administer testing on ESA students.
Clark says the petition and its proposed requirements are “phony.”
“They are not going to do anything but cost taxpayers more money, completely overregulate private schools and hurt tens of thousands of ESA families,” she said.
Clark told ABC15 she doesn’t believe there should be income caps on the program, saying there are no income caps for Arizona public schools. She also believes there shouldn’t be testing done for students using ESAs, saying that public schools do testing and students are still not proficient. In data released in October 2025, for math, 33% of Arizona students passed; for English Language Arts, or ELA, the pass rate is 40%.
“Testing does not improve educational outcomes, and to add something like testing onto ESA students, it really is quite pointless,” she told ABC15.
While Lewis believes the program needs to be more accountable, she said they did receive feedback from some families who use ESA to help create the petition.
"This is a commonsense package that really could have been something that was extreme. It could have been something that was perceived as radical. And yet we came together with a really kind, heart-driven, common-sense package that works for voucher families. It works for taxpayers. It's really a win-win across the board,” Lewis said.
Both will start campaigning and hope for their respective outcomes.
“I'm feeling like this phony initiative is going to fall flat on its face. I think what it’s going to do is help more families learn about the ESA program,” Clark said.
In 2022, Save Our Schools failed to get enough signatures for a citizens' referendum to put the universal expansion on hold. However, Lewis feels this time will be different.
“We only had 80 days. That was for a referendum. This, we are doing with a really broad coalition that's coming together and we will have four months, so 120 days. So we feel extremely confident that we'll be able to get this done,” Lewis said.
In order for the measure to get on the November ballot, the petition will need to get nearly 256,000 signatures. Those signatures are due to the Arizona Secretary of State’s Office by July 2, and the signatures will need to be verified.
To read the petition and specifics of what it’s asking for, you can find more information here.
ABC15 has received a statement from House Speaker Steve Montenegro (R-29):
“The ballot campaign announced by ESA opponents has one clear goal: to strip parents of the freedom to choose the best education for their children. If successful, it would gut Arizona’s Empowerment Scholarship Account program and force tens of thousands of students out of schools that work for them and back into district systems that have already failed too many families.
This effort is not about accountability or improvement. It is a direct attack on parents—working families, military families, rural families, and families of children with special needs—who finally have options and refuse to give them up. ESA opponents are willing to sacrifice students’ futures to protect an education bureaucracy that puts its own power ahead of kids.
This push comes on the heels of coordinated teacher sick-outs that shut down district schools across Arizona, disrupted learning, and left parents scrambling for childcare. The same forces that supported those closures are pushing to eliminate school choice. Make no mistake: they will not stop until families are once again forced into district systems where unions call the shots and parents have none.
House Republicans built the strongest school choice program in the nation because parents, not government or union bosses, know what their children need. Arizona families will not be pushed back into one-size-fits-all education, and we will not allow activists or special interests to rip opportunity away from students who are succeeding.
We stand with parents. We will defend ESAs. And we will make sure voters understand exactly what this ballot scheme would do to Arizona children and families.”
