The state Attorney General’s Office has decided that the Arizona House of Representatives does not have the authority to provide funding to the Arizona Department of Education for two scholarship programs without approval of the State Legislature and the Governor. The scholarships would allow families with disabled children and families with foster children to send them to schools of their choice.

The decision came in response to a request for an informal opinion on the matter from House Speaker Jim Weiers and Superintendent Tom Horne. “The law is clear,” said Attorney General Terry Goddard. “The Speaker and the House of Representatives has no power to spend funds for these scholarships, or for any other purpose, without going through the appropriations process.”

Goddard added, “The Legislature had the opportunity to include these funds in the 2009 budget and did not do so. The Speaker does not have authority to sidestep the full legislative appropriation process.”