Arizona schools chief Tom Horne said Tuesday that his office is seeking $1.2 million from the Ajo Unified School District, allegedly for using state funds to educate 105 students from Mexico since 2007.

Horne said his office also is investigating whether Mexican students were attending Douglas High School and two Douglas charter schools: Omega Alpha Academy and the Center for Academic Success.


Horne's announcement comes on the heels of Gov. Jan Brewer's signing of the toughest anti-illegal-immigration law in the country and an incident last week in which a Pinal County sheriff's deputy reported being shot during an encounter with suspected drug smugglers from Mexico.

Horne, who is running for state attorney general, said his office's actions have nothing to do with his political aspirations or recent immigration-related events.

He said he began investigating students crossing the border to attend Ajo schools in 2004 after The Arizona Republic and CNN reported on the matter. His office launched another probe last year over new complaints.

"The issue here is not citizenship or documentation, but residency," Horne said. "In this case, 105 students were claiming to live in Arizona when, in fact, they reside in Mexico."

Horne said it's illegal to receive a free taxpayer-funded education if a student doesn't live in the state. He said illegal immigrants can attend Arizona public schools if they reside here.

Robert Dooley, Ajo schools superintendent, said the state's figures are inflated and that the practice has occurred for at least 50 years. He said the district would appeal.

"It's odd that it suddenly would appear on the radar screen," Dooley said. "If it's wrong, why hasn't anyone said anything prior to this?"

The district, with $4.5 million in revenue in 2009, is in southwestern Arizona. It had 476 students and 35 teachers last year.

Dooley said he would have to lay off staff or cut pay if Ajo is forced to return state funds or if future money is withheld.

In Douglas, chief schools administrator Ray Borane said that to his knowledge, no Mexican students are attending his high school. Calls to the charter schools were not returned.

Horne said his office found Ajo students were crossing the border at Lukeville and being transported in buses provided by Pima County Schools. Horne said his office will not take any action against Pima County Schools.

U.S. Customs and Border Protection said students can legally cross the border if they are American citizens or have proper ID, such as a visa or passport. Dooley said most of the students probably are U.S. citizens.

Ricardo Hernandez, Pima County Schools' chief financial officer, said all of the students receiving transportation provided documentation that said they lived in Arizona. He said his office does not have legal authority to physically verify their accuracy.


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