

Superintendent of Public Instruction Tom Horne issued a rare rebuke to Arizona Attorney General Kris Mayes after her office refuted a warning from Horne to Arizona school districts that federal defunding for violating U.S. Department of Education guidance against DEI programs “is not an empty threat.”
The warning followed a move by Phoenix’s Kyrene School District to adopt a “Staff Social Emotional Wellness Policy,” which invokes the language of Diversity, Equity and Inclusion policies. Mayes characterized the warning from Horne as a threat to the districts saying, “Superintendent Horne cited no legal basis for his threat— because, in fact, there is none.”
“Rather than do his job and ensure that funds appropriated by Congress and the Legislature reach Arizona schools — as the law requires — Superintendent Horne is choosing to engage in ideological nonsense at the expense of students and teachers,” she claimed.
Last week, Superintendent Horne threatened to withhold over $1.5 million in federal funding that supports low-income students, teacher training, and classroom programs.
Read my full response at https://t.co/cee6F3jeOZ. pic.twitter.com/SNxoQPeNnX
— AZ Attorney General Kris Mayes (@AZAGMayes) April 16, 2025
Horne was quick to offer a firm rebuke to the Attorney General in a Thursday statement:
“I spent four years as Attorney General, and I follow the law strictly. The Arizona Department of Education has been responsible for distributing both federal and state education dollars to the schools for many decades and we must do so in accordance with the law. The U.S. Department of Education has issued guidance that requires my department to certify that all public districts and charters that take federal money use those funds according to that guidance, and that cannot be ignored. If I did, we would risk losing nearly $770 million in total federal funding to all public schools. That is obviously unacceptable, but the Attorney General is either unconcerned or unaware of that catastrophic scenario.”
The AZ Department of Education affirmed in its release that under federal guidance “districts and charters have until April 24th to certify compliance. Failure to do so will require the state – as the fiscal agent – to put a hold on federal dollars. To date, approximately 350 districts and charters out of 658 have certified compliance.”
The guidance referred to by the AZED from the USDOE is explicit and unambiguous warning, “districts and charters have until April 24th to certify compliance. Failure to do so will require the state – as the fiscal agent – to put a hold on federal dollars. To date, approximately 350 districts and charters out of 658 have certified compliance.”