Arizona officials are going to use $5 million appropriated for state public education funding to pay for private school vouchers for disabled and foster children.

Implementing a transfer endorsed by a legislative oversight committee Aug. 12, state accountants transferred the money from the Department of Education's basic state aid account to an operating account earlier this week.

Superintendent of Public Instruction Tom Horne said the action makes the money available immediately for grants under the two voucher programs. "We can write a check today," he said Aug. 21.

The voucher programs were launched last year and provided grants to hundreds of students to attend private schools of their choice, but no money was included for them in a new state budget that included numerous cuts to erase a big deficit.

The voucher programs' legality under the Arizona Constitution is being contested in court, but the state Supreme Court has said the programs could continue for this school year until the issue is decided.

However, no money was included in the new state budget for the voucher programs. The budget was drafted by Gov. Janet Napolitano – a voucher critic – and her legislative allies.

That prompted Republican officials who support the voucher programs, including Horne and House Speaker Jim Weiers, to recently try to find an alternative funding source.

"The speaker is very happy to have this issue finally resolved so that disabled and foster children can have the proper education they deserve," said Weiers spokesman Barrett Marson.

Horne said the transfer won't hurt the public education system's enrollment-based funding because his department usually has money left over in that account at the end of the budget year. The Legislature has never refused to provide extra money when dollars run short, he said.

Horne also said the targeted vouchers are important to meet the needs of the students served.

"Parents love their children the most and have the most detailed knowledge of what their children need and a lot of these parents are emphatic that the scholarships have enabled them to get help for their children that was not available before," he said.

Weiers initially proposed using surplus dollars in the House's own budget but Attorney General Terry Goddard shot down that idea last month.

Using the House money would be unconstitutional without an appropriation approved by the full Legislature and the governor, Goddard said.

Goddard's office did not immediately respond to a request for comment on the transfer.

Andrew Morrell, Arizona Education Association vice president, said the transfer is "an irresponsible use of funds in the wake of a staggering deficit."

It would be better to determine the students' needs "and make sure we're providing them from all of our public schools," Morrell said. "That's the answer, not the opt-out."

The AEA, a union representing teachers and other school workers, is among the plaintiffs challenging the legality of the voucher programs.

Department of Administration Comptroller Clark Partridge said state law permits transfers between Department of Education accounts with permission from the Joint Legislative Budget Committee. That panel provides legislative oversight of state government spending matters, chiefly when the full Legislature is not in session.

Continued legal authority to operate the voucher programs remained in state law even though the budget omitted funding.

Horne had previously expressed concern that he could be held personally liable if he misspent public money without authorization, but he said he was protected by the legislative and Department of Administration approvals of the $5 million transfer.