PHOENIX -- House Speaker Jim Weiers wants a special legislative session -- and soon -- to use surplus House funds to finance two programs to let some parents send their children to private an parochial schools.

 But Gov. Janet Napolitano, who has never liked voucher programs - - and who would have to call lawmakers back to the Capitol - appears cool to the idea of diverting any extra cash to help th more than 500 Arizona children in those programs.

 In fact, gubernatorial press aide Shilo Mitchell said if Weiers has some extra money "we should look at the other programs than were impacted as well'' by the budget cuts.

 Lawmakers approved the two voucher programs in 2006, one for children with certain disabilities and the other for children who had been in foster care. They also allocated $2.5 million for each.

 But this year the budget, negotiated largely between Napolitano and Senate President Tim Bee, R-Tucson, contained no funds for either, though both programs technically remain on the books.

 Part of the reason for that decision was the need to cut spending to shrink what had been a $10.6 billion budget to $9.9 billion.

 Some of that was done through cuts; other changes were made b taking certain expenses off the books and paying for them over time rather than using cash.

 But the decision also followed a state Court of Appeals ruling which said the funding, which pays tuition and other costs, violates a state constitutional ban on the use of public dollars to aid private and parochial schools.

 The state Supreme Court agreed to let the program continue while it reviews that decision. But that ruling came after the budget had been adopted and lawmakers had gone home.

 On Monday, Weiers offered to take $5 million out of more than $9 million he has in surplus funds for operation of the House t finance the programs for this school year.

 He actually has made that offer before. But Attorney General Terry Goddard concluded only the full Legislature can authorize the transfer of those dollars.

 Napolitano has never been a fan of vouchers, even vetoing a measure in 2005 to divert up to $55 million a year to help students attend private and parochial schools. And she has repeatedly said she opposes any diversion of funds from public schools.

 That changed in 2006.

 Press aide Jeanine L'Ecuyer said at the time that the governor agreed to sign the bills for the scaled-back plans in 2006 a part of a deal for Napolitano to get the Republican-controlled Legislature to approve her own budget priorities. That specifically included a commitment to finally provide full

 funding over the next two years for all-day kindergarten.

 That is now in place.

 Mitchell would not respond to a question about whether the governor is not living up to her part of the deal.

 Weiers said the governor's views should not matter -- at least not now.

 "This special session would not be whether we like or dislike these programs,'' he wrote to Napolitano. And he said it would not be a debate about the constitutionality of the programs which ultimately will be decided by the state's high court.

 "A special session would allow these kids to stay in the schools that they are currently attending until a final decision i reached by the courts,'' Weiers wrote.

 Weiers said any special session -- assuming Napolitano agrees -- would be contingent on first lining up the necessary votes for approval of the transfer. That includes not only a majority of the 30 senators and the 60 representatives but also a commitment by the governor to sign the bill when it reaches her desk.

 Bee could not be reached for comment.