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PHOENIX — The state's high court has approved continued funding of two school-voucher programs while it considers their legality.

But it may not matter. There's no money in the budget to fund scholarships for special needs and foster children.

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 that the Court of Appeals decided in May that the programs are unconstitutional. But Ryan said ruling is unenforceable while the Supreme Court itself considers the matter.

The result of the ruling is minimal, though, because the budget deal negotiated between Gov. Janet Napolitano and state lawmakers has no funding for the program for the new fiscal year, which 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 the outcome "unfortunate and incredibly disappointing."

"Just as the Arizona Supreme Court extended a lifeline to parents of special-needs and foster children, the Legislature took it away," he said. But Keller noted that the law authorizing the programs remains on the books, meaning that lawmakers could fund vouchers 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 vouchers to the parents of former foster children who have been adopted, vouchers that can be used to pay tuition and fees at private or parochial schools. It also set aside an identical amount for a similar program for disabled students.

The "vouchers" are checks, made payable to the parents who then must endorse them over to the private or parochial schools.

In a unanimous decision in May, the appellate judges said that violates a constitutional provision that specifically bars the use of tax money to aid such schools.

Keller is asking the Supreme Court to reverse that ruling. He said the "aid" is not going to the schools but to the parents of the children.