PHOENIX – Arizona’s recently expanded school voucher program appears headed for a review by the state’s highest court.

Late last week, School Superintendent John Huppenthal submitted papers with the Arizona Supreme Court that argues the voucher plan – known as “Empowerment Scholarship Accounts” – doesn’t violate the state’s constitutional ban on taxpayer funds being used to support private or parochial schools, reports Howard Fischer of Capitol Media Services.

Huppenthal’s argument notes the 2011 scholarship law awards money to the state Department of Education, which then doles out the funds to parents of qualifying children who agree to use the scholarship in pursuit of an education, including the normal subject areas.

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Huppenthal and other supporters argue that it’s up to the parents to decide how best to attain those educational services – whether it’s through in-home tutors, educational books and supplies, or enrollment in a private or religious school.

In other words, private and religious schools only benefit from the voucher plan indirectly, if parents choose to use their education dollars for tuition at those schools. It’s the parents giving money to those schools, not the state.

Opponents say the law is just shuffling the money around before it unconstitutionally ends up in the coffers of private and religious schools, Fischer reports.

So far, Huppenthal’s argument has carried the day in the lower courts. Earlier this year, the state Court of Appeals unanimously ruled that the voucher law – which took effect just about a year ago – passes constitutional muster.

It appears the parties who lost at the appellate level are now petitioning the Arizona Supreme Court to hear their appeal of that decision.

If the Arizona Supreme Court decides to take up the case, the educational future of thousands of children who may someday use the program will hang in the balance. There are currently about 300 families enrolled.

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Fischer reports the vouchers “are available both to students with special needs but also any student in a school rated D or F by the state Board of Education,” as well as children in the foster care system or the children of military families.