House Speaker Jim WeiersA school voucher program for special needs children is at the heart of a flap between Arizona House Speaker Jim Weiers (R-Phoenix) and the governor's office, as Weiers and Democrats tangle over who's to blame for the program being cut.

After the 2008 legislative session ended with a last-minute deal to make up for the $2 billion budget deficit forecast for fiscal year 2008-2009, it was revealed that the governor's office, the Senate and the House had each held onto millions in reserve funds, in case an accord couldn't be reached.

Now Speaker Weiers is attempting to use the surplus funds to reinstate a program that provides students who are autistic or otherwise require special instruction with vouchers, so they can attend whichever public or private school best suits their needs. Without the vouchers, special needs students currently attending private schools may be forced to return to the public system if they can't afford the tuition.

However, Weiers's proposal has been nixed by Attorney General Terry Goddard, who claims that Weiers does not constitutionally have the discretion to direct those funds as he sees fit.

"Terry Goddard said the kids are out of luck," said House Republican spokesman Barrett Marson to PolitickerAZ.com. "It's as simple as that."

The Arizona Democratic Party has jumped on the issue, putting the blame on Weiers for circumventing the legislative process. In a release put out Wednesday, Emily DeRose, the party's communications director, hammered Weiers, calling his attempt to fund the vouchers "illegal."

"Everyone wants to make sure that kids with disabilities and foster children get a good education," said DeRose. "But the Speaker is going about it in what may be the most impotent and ineffective way possible. Perhaps Weiers should try to learn how to use the legislative process to accomplish laudable goals before trying to do it illegally."

"The Speaker wants to look like a knight on a white horse," continued DeRose, "when he's really riding in after everything is said and done. He could've offered this money at any point in the process, when funding for many worthy programs was decided. As generous as the offer is, it is meaningless."

Marson, however, said that's false.

"When the budget was written by the governor, the speaker was not in the room," Marson said. "The idea didn't come up until the budget was released. It was never on the table, and then suddenly, it was gone."

Weiers offered his own budget plan in the waning days of the 2008 session, but was upstaged when Gov. Janet Napolitano and leaders of the Senate announced their own proposal. The latter was quickly passed by both chambers.

"This is about disabled children, plain and simple," said Marson. "The speaker is trying to figure out a way to get them their scholarships."