PHOENIX — The state’s high court has given the go-ahead to keep funding two voucher programs while it considers their legality.
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In an order signed Friday, Supreme Court Justice Michael Ryan agreed to allow state School Superintendent Tom Horne to continue to fund the “scholarship’’ programs.
Ryan, the duty justice for the court, acknowledged the Court of Appeals decided in May that the programs are unconstitutional.
But Ryan said that ruling is unenforceable while the Supreme Court itself considers the matter.
Only thing is, the budget deal negotiated between Gov. Janet Napolitano and state lawmakers contains no money to fund the program for the new fiscal year that begins today.
Tim Keller, executive director of the Arizona chapter of the Institute for Justice, which intervened in the lawsuit to try to save the vouchers, called that outcome “unfortunate and incredibly disappointing.’’
“Just as the Arizona Supreme Court extended a lifeline to parent of special needs and foster children, the Legislature took it away,’’ he said. But Keller noted the law authorizing the programs remain on the books, meaning that lawmakers could fund it again in the future — assuming the money is there and the Supreme Court concludes they are legal.
The 2006 law at issue provides $2.5 million in state tax voucher to the parents of former foster children who have been adopted, vouchers which can be used to pay tuition and fees at private or parochial schools. It also set aside an identical amount is for a similar programs for disabled youngsters.
The “vouchers’’ are checks, made payable to the parents who then must endorse them over to the private or parochial school.
In a unanimous decision in May, the appellate judges said that violates a constitutional provisions which specifically bars the use of tax dollars to aid such schools.
Keller is asking the Supreme Court to reverse that ruling. He said that “aid’’ is not going to the schools but to the parents of the children.
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