Nothing can stop Denise Lever. Not a raging wildfire and certainly not a state fire marshal’s effort to shut down her tutoring center by trying to impose regulations that could have forced her to spend $70,000 on building upgrades.

As one of the nation’s few female wildland firefighters in the late 1980s, Lever survived the hazing that came with being a woman in a male-dominated profession by proving herself and never backing down.

For example, take this story: Lever’s team had been dispatched to a California fire. Roads were closed, and the crew had to climb up a cliff to get into position. Loaded down with their gear, they pulled together and worked through the night.

“It was absolutely brutal,” Lever recalled. “It was hot. It was windy. Our hands were cut up from moving brush, and we lost gloves in the middle of the night, and we couldn’t find them on the fire line because of the debris.

As morning broke and a cold Pacific Ocean breeze stung their faces, the team huddled together in space blankets and reflected on their victory.

“The camaraderie and the sense of accomplishment, they’re irreplaceable,” Lever said.

Lever’s days of battling blazes ended when she got married and became a homeschool mom to three kids, but her trailblazing spirit stayed with her when she became an education entrepreneur.

In 2020, she opened Baker Creek Academy, a tutoring center/microschool to support homeschool families in Eagar, Arizona, just west of the New Mexico state line. The center operates four days a week for five hours per day and serves about 50 students, who attend on different days at various times. Baker Creek provides a host of supplemental services, primarily to homeschooled students, from one-on-one tutoring to limited classroom instruction and group projects to field trips. Students and parents can customize the services that best fit their needs. Baker Creek doesn’t keep attendance records because, Lever said, parents are the ones in charge.

After completing her city’s approval process, Baker Creek began operating in a historic commercial building once occupied by a church, shared with three other independent microschools.

One day, out of the blue, an official at the Arizona Office of the State Fire Marshal left Lever a voice mail message. He wanted to inspect her “school.”

“And I said, ‘No, not really, because we're not a school,’” she said.

As an experienced firefighter, Lever recognized a school designation for what it was: the potential kiss of death for her tutoring center.

Being labeled a school triggers a list of code restrictions intended for campuses that serve hundreds or sometimes thousands of students and often include sports fields, playgrounds, auditoriums, cafeterias, gymnasiums, classrooms, and offices.

On the line are often tens of thousands of dollars in mandated building changes, which are not required for other commercial buildings, such as dance studios and karate dojos.

Levers wasted no time. She contacted the Stand Together Edupreneur Resource Center, which offers guidance, but not legal advice, about regulatory issues. The representative encouraged Lever to contact the Institute for Justice, a national public interest law firm that specializes in education choice litigation and zoning issues.

IJ Senior Attorney Erica Smith Ewing sent a letter to the state’s fire inspector questioning the basis for the inspection.

“Ms. Lever successfully completed a local fire safety inspection in 2023 and has been operating successfully with no problems,” the letter said. “Your request to inspect her property was unexpected. Could you please explain why you wish to inspect her property? We do not currently represent Ms. Lever, and we hope that formal representation will be unnecessary.”

Lever said she faced the possibility of having to spend tens of thousands of dollars upgrading doors and electrical systems. Because the building was smaller than 10,000 square feet, she avoided the order to install a sprinkler system, which can cost $100,000.

However, the timing couldn’t have been worse.

“If the state was going to require some of these upgrades, that was just not going to be possible for (our landlord) to renew our lease,” she said, adding that she used the building to host summer programs and annual meetings for other microschool leaders who use her consulting services.

Lever also wondered why similar businesses weren’t targeted -- for example, a dance studio across the street that taught school-age students and operated similar hours to Baker Creek.

“Because she offered dance instead of math tutoring, her program was considered a trade, and our program was going to be shut down and treated like an education facility simply because we offered more of an academic program,” Lever said.

State officials performed the inspection, but finally backed down, offering only that the situation was a result of “confusion” and the Lever’s business wasn’t under their jurisdiction.

“Forcing Denise to follow regulations designed for sprawling, traditional schools would be both arbitrary and unconstitutional,” Ewing said. “More and more, we are seeing state and local governments hampering small, innovative microschools by forcing them into fire, zoning, and building regulations that never anticipated microschools and that make no sense being applied to what microschools do.”

In Georgia, local officials tried to force a microschool to comply with unnecessary inspections and building upgrades, in violation of state law protecting microschools. They backed down after a letter from IJ. And in Sarasota, Florida, Alison Rini, founder of Star Lab, nearly closed her doors this spring when the city interpreted the fire code to require she install a $100,000 fire sprinkler system, despite operating from a one-room building with multiple exits. Only after a donor provided a generous gift was she able to stay open.

“Teachers shouldn’t need lawyers to teach,” said IJ Attorney Mike Greenberg. “Bureaucrats shouldn’t use outdated and ill-fitting regulations to stifle parents and students from choosing the innovative education options that best suit their needs.”

Lever said the state’s decision to back off sets a precedent that will help other microschools across Arizona.

“I was definitely willing to go forth with the lawsuit,” she said. “At this point, though, we’re going to take our win. We’re going to publicize it so the other microschools will know what their options are.”

Recently, someone representing a state official responded to an Arizona media outlet inquiry about the Empowerment Scholarship Accounts program and referred to “tutoring and babysitting.” Consequently, Arizona’s school district industrial lobbying complex went predictably bananas, even though babysitting is not now, nor ever has been an allowable expense under the program. Even though the official has since clarified their statement to note that babysitting is not an allowable expense. Blah blah blah no age requirements for tutoring yadda yadda yadda (move on to the next manufactured outrage).

This is all to do about nothing, but it is worthwhile to pause a moment to note that tutoring centers with strong reputations do routinely hire high school students for tutoring positions. I am aware of this because two of my children tutored math as high school students, and one became an assistant center director as a high school student. The companies establish the mathematical abilities of tutors before hiring them by testing them and then give them established protocols to follow. If they prove ineffective, they lose customers. A great many Arizona high school students are not only completely capable of math tutoring, but I am also willing to wager that neither me nor m(any) of Arizona’s journalism community would fare well against them in a mathematics contest.

Now…about this babysitting business. The Arizona school district industrial lobbying complex and their oh-so-willing media dupes grousing about “babysitting” is too rich for words.

In the 2024 NAEP, 49% of Arizona fourth grade students attending district schools scored “below basic” in reading. I’m not sure what those students were doing over the past five years, but it did not seem to involve much, well, learning. If we break out Arizona district scores apart from the students attending charter schools, eighth grade reading looked like this in 2024:

Usual caveats apply (sampling, raw scores imperfect proxy for school quality etc.) but —cough — if anyone is engaged in babysitting, you don’t want to go searching for it in tutoring centers: Arizona school district reading scores seem to indicate that they have jumped into babysitting with both feet.

Speaking of tutoring math, NAEP also tests math. Perhaps things won’t look so bad for Arizona school districts if we examine the math scores. Or then again, maybe not:

So, there is a brisk trade in tutoring in Arizona, and we are in no position to turn up our noses at bright and capable high school tutors for younger students. As for babysitting, it seems to be in mass production in Arizona’s district schools.

 

Editor's note: The following is a news release from the Arizona Governor's Office

Arizona Gov. Doug Ducey on  Tuesday joined families, educators and community leaders to celebrate Arizona’s successful effort to ensure every Arizona student can attend any school of their choosing.

“Arizona is now the gold standard for educational freedom in America,” Ducey said in a news release. “Our kids will no longer be stuck in under-performing schools. We’re unlocking their educational potential and advancing a bold new era of learning opportunities. Parents and teachers know there is no one-size-fits-all model to education. Kids and families should be able to access the school or learning program that best fits their unique needs — regardless of income or where they live. In Arizona, we’re making sure they have that choice.”

The governor spoke today at Phoenix Christian Preparatory School alongside parents and their kids who have benefitted from Arizona’s Empowerment Scholarship Accounts (ESA), as he signed a bill that opens the scholarship program to every K-12 student in Arizona.

The legislation, sponsored by Rep. Ben Toma, has been lauded as the most expansive school choice initiative in the nation.

“I was proud to continue the Arizona tradition of leading on school choice and bring educational freedom to more than 1.1 million students,” said Toma, the House majority leader. “By opening Empowerment Scholarship Accounts to every K-12 student, we will improve outcomes and make choice a reality for all students. This session, we stood together to get this done for Arizona students and parents. Governor Ducey has been an invaluable partner in transforming school choice in our state, leading the way in unlocking the schoolhouse door.”

With ESAs open to all students, Arizona solidified its position as the gold standard for educational freedom. In a story published today, Chris Rufo, senior fellow at the Manhattan Institute, said “universal school choice has long been the Holy Grail for conservative education reformers. Governor Ducey has achieved it.”

The ceremony at Phoenix Christian was highlighted by elementary schoolers singing a welcome song and stories from Arizona families of how school choice has unlocked their children’s full potential.

One of those parents is Jenny Clark, who, after her own children’s positive experience with ESAs, has helped other parents take the opportunity the program presents.

“Arizona’s Empowerment Scholarship Account program is truly life-changing for so many of our state’s children,” Clark said. “My five children have benefitted from ESAs and I can’t help but think how many kids don’t get the help they need. Now, they will. Every child in Arizona will have the same opportunities and ability to get the education tailored to their needs. Governor Ducey has led on this issue, expanding school choice to every family.”

Parent Annie Meade has seen firsthand how Arizona’s education options can impact a child’s education. Her four children have had a combination of homeschool, microschool and public education. Universal ESAs stand to bring new opportunities to her kids, who are now all eligible. Meade spoke about her enthusiasm for the education savings accounts at the ceremony today.

“Kids deserve to be in the education environment in which they can thrive, but so many families have been limited by their income, or zip code,” said Meade. “The Empowerment Scholarship Account program was something that I learned about from other friends who had qualified, but unfortunately, our family never had access to the scholarship, until now. The passage and signing of H.B. 2853 means that now every Arizona family will have the freedom, the choice, and the opportunity to choose an ESA for their child’s education…Thank you again, Rep. Ben Toma, and Governor Doug Ducey, for making this scholarship a reality for families like mine.”

The students at Phoenix Christian are no strangers to the benefits of education savings accounts. Jeff Blake, the school’s superintendent, spoke about the resources and one-on-one learning students receive at his school.

“At Phoenix Christian Preparatory, we are proud to have 31 students on Empowerment Scholarship Accounts,” Blake said. “This funding has helped our school serve many students in need and bring them an education that best suits them. With universal school choice, we’ll be able to serve more students with an exceptional education. We’re grateful for the foresight and leadership of Governor Ducey and the Arizona Legislature for prioritizing every K-12 student.”

Drew Anderson, senior pastor of First Watch Ministries and Legacy Christian Center in South Phoenix has worked with kids in his South Phoenix community to achieve academic success.

“Education is the great equalizer in America,” he said. “If we are able to give our lower-income families and minorities with better education, we’re unlocking the doors to success for so many who are often left behind. As a pastor I’ve seen too many of our black and brown children struggling, just looking for some guidance on homework. I’m grateful to Governor Ducey and the Legislature for saving our kids.”

Arizona families who participate in ESAs would receive more than $6,500 per year per child for private school, homeschooling, microschools, tutoring, or any other kinds of educational service that helps meet the needs of their students outside the traditional public school system.

Janelle Wood, founder of the Black Mothers Forum, spoke about the partnership she formed with Governor Ducey starting in 2020 to “fight to make sure our black children have an opportunity to live and breathe in a safe and supportive community whether that be a learning community, in their living community or in their homes.”

Wood continued, “As a concerned black mother, I want to make sure that we are heard loud and clear from this day forth. We matter, our children matter and we’re not going anywhere. We’re going to keep speaking to each system that holds our families back and our children back.”

Arizona’s universal education savings accounts now serve as the model for the rest of the nation to follow. Education choice advocate Corey DeAngelis, a senior fellow at the American Federation for Children, called the monumental legislation “the biggest school choice victory, not just in Arizona, but in U.S. history.”

Of the unprecedented school choice initiative, DeAngelis said, “This is how you truly empower parents and truly secure parental rights in education. I want to thank Governor Ducey for empowering every single family in the state of Arizona. This is a national model.”

He then led the crowd of students, parents and community members in a chant:  “Arizona will now fund students not systems.”

Two important legislators in funding students were Senate President Karen Fann and House Speaker Rusty Bowers.

“Every parent wants nothing more than to see their child succeed,” Fann said. “This session, we committed to expanding educational opportunity. Working with Governor Ducey and the Arizona House, we delivered. Each and every Arizona student has access to an education environment that will suit their needs. The Empowerment Scholarship Account will transform education in our state and bring unlocked potential to our kids.”

“In Arizona, we fund students, not systems,” Bowers said. “One size does not fit all when it comes to education. Universal Empowerment Scholarship Accounts will ensure the money follows the children as they are enabled to attend the school environment that works best for them. The Arizona House of Representatives has worked collaboratively with Governor Ducey for years to expand school choice for every student. Today, we celebrate the empowerment of 1.1 million students and their parents to choose the learning environment they need.”

 

Gov. Doug Ducey of Arizona signed a universal education savings account (ESA) bill into law Thursday night, making Arizona the second state to pass a universal ESA program.

However, Arizona may be the first state to actually implement a universal ESA as the Nevada Supreme Court struck down the Silver State's funding mechanism last year. ESAs in the Grand Canyon State have already survived a constitutional challenge.

Although the program is theoretically universal, with 1.1 million students in the state eligible, it will allow only limited growth until it reaches a cap of 30,000 students by 2022. (more…)

Bill de Blasio 

New York City’s bizarre Democratic primary for mayor left Bill de Blasio as the party’s official candidate. His hardline stance against charter schools has school operators wondering if he's declared war on school choice.

De Blasio wants to stop charter schools from sharing locations with public schools and believes charter schools should pay rent for using city/district property. De Blasio also wants to maintain the cap limiting the number of charter schools in the city, stating, “We don’t need new charters.”

De Blasio justifies his views because he believes charter schools are better funded than traditional public schools. He bases this assumptions off a bogus report by the city’s Independent Budget Office which clearly tosses out many expenditure items associated with public education (like special education, pensions and apparently even capital expenditures) while adding or overstating additional costs to charter schools. Based on true educational expenditures, U.S. Census Bureau data shows NYC spent $23,996 per pupil in 2011 (p. 19 includes capital expenditures and debt payment). The NYC Department of Education says charter schools receive $160 to $3,100 less than traditional public schools, but even this estimate excludes billions in public school expenses found by the U.S. Census Bureau.

Charter schools already have a hard time finding suitable school locations (thanks to building code requirements for schools, which, in turn, makes finding good property prohibitively expensive in some cases). To make it even more difficult, charter schools don’t get capital funds to pay for school buildings, so rent has to come out of normal operating expenses.

There is no good reason to end location sharing with charter schools while there is a property shortage and high demand. Charging rent would be fair if de Blasio also gave charters access to capital funds, but he seems more interested in talking tough than being fair.

Grade: In Need of Improvement

 

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