Ar⁠i⁠zona Supreme Cour⁠t⁠ del⁠i⁠vers v⁠i⁠c⁠t⁠ory for fam⁠i⁠l⁠i⁠es us⁠i⁠ng Empowermen⁠t⁠ Scholarsh⁠i⁠p Accoun⁠t⁠s

August 18, 2026

August 18, 2026

Despite millions of dollars spent to limit education freedom in Arizona, today marks a major victory for Arizona students and families. The Arizona Supreme Court invalidated enough signatures to all but guarantee Proposition 212 will not be on the November ballot.

Why it matters: 
Prop 212 was a union-backed effort that would have resulted in tens of thousands of students losing access to the state’s Empowerment Scholarship Accounts program. The court disqualified nearly 70,000 signatures, citing duplicate signatures, circulators with criminal histories, and failures to comply with state law. 

What we’re saying:
“Today’s ruling is a significant win for Arizona families and education freedom as a whole. The Arizona Supreme Court made clear that even millions of dollars in outside spending cannot overcome fundamental legal requirements. Today, thousands of families who rely on Empowerment Scholarship Accounts can breathe a sigh of relief that the educational opportunities they depend on will remain protected. Families continue to demonstrate a desire for more freedom when it comes to their children’s education, and we are proud to stand alongside state partners in defending the opportunities Arizona families have fought so hard to achieve.”
—Alexandria Tapia, director of government affairs, yes. every kid.

By the numbers: 

  • This is the second ballot proposal this year aimed at curtailing or limiting Arizona’s ESA program that has failed to qualify for the ballot, preserving families’ access to the program.  
  • It also marks the second time Save Our Schools Arizona and its allies have failed to collect enough valid signatures to put an ESA-related measure on the ballot.
  • Empowerment Scholarship Accounts currently serve more than 103,000 Arizona students and are available to all families statewide. The program delivers more than $100 million in cost savings to Arizona taxpayers.

The bottom line: 
Special interests, in-state and out-of-state, keep hitting the same wall. Arizona’s ESA program remains durable, and families remain in the driver’s seat.

Empowerment Scholarship Accounts let families direct their child’s public education dollars toward the learning environment that works best—private school tuition, homeschooling curriculum, tutoring, educational supplies, online learning, and other approved expenses.  

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