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.
• 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.”