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PHOENIX — The top Republican legislative leaders want a special legislative session, and soon, to authorize use of surplus House funds to finance two programs which pay to send some children to private and parochial schools.

House Speaker Jim Weiers offered to surrender $5 million from more than $9 million in House surplus operating funds to pay for the programs, which were approved in 2006. One is for children with certain disabilities; the other is for youngsters who have been in foster care.

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 money to help the more than 500 Arizona children in those programs.

Gubernatorial press aide Shilo Mitchell said that if Weiers has some extra money "we should look at the other programs that were impacted as well" by the budget cuts.

Mitchell, however, would not rule out Napolitano's cooperation.

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

Part of the reason 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 by taking certain expenses off the books and paying for them over time.

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

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

Bee said Tuesday that if he had known that was going to happen, he would have insisted on keeping the $5 million in the budget.

Weiers offered to pay for the programs from the House surplus before, but Attorney General Terry Goddard concluded only the full Legislature can authorize the transfer of those funds, forcing the need for a special session.

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.

But in 2006 the governor agreed to sign the bills for the scaled-back voucher plans, press aide Jeanine L'Ecuyer said, as part of a deal for Napolitano to get the Republican-controlled Legislature to approve her own budget priorities, including a commitment to fully fund all-day kindergarten for the next two years.

Weiers said the governor's views should not matter, at least for 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 is reached by the courts," Weiers wrote.

Bee said he believes funding the voucher programs from the House surplus would be "a good use of that money."