The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Friday, April 12, 1996                 TAG: 9604120578
SECTION: FRONT                    PAGE: A1   EDITION: FINAL 
SOURCE: BY WARREN FISKE AND JON GLASS, STAFF WRITERS 
DATELINE: RICHMOND                           LENGTH: Long  :  140 lines

DEMOCRATS THREATEN LAWSUIT OVER GOALS 2000

Democratic lawmakers on Thursday threatened to go to court to force Gov. George F. Allen to accept $6.7 million in federal education money for public schools.

The long-simmering fight boiled over when the Republican governor vetoed a measure passed by the legislature last month that would require Virginia to apply for the money if two-thirds of the state's school boards request it.

Sixty-seven of the state's 134 school boards, including the Portsmouth and Suffolk school boards which voted to make the request Thrusday night, have asked the state to sign up for the federal Goals 2000 program. It's designed to help states raise academic standards. Federal officials say there are no strings attached to the money.

Virginia and New Hampshire are the only states to spurn the money. Allen argues the program would subject localities to burdensome paperwork and could open doors for greater federal control of public school curricula.

Democrats said Allen lacks the authority to veto the measure. They maintain that the governor can only nix specific appropriations, not language that the legislature has put in the spending document. Their position is backed by University of Virginia law professor A.E. Dick Howard, a leading expert on Virginia constitutional law.

Allen's position is backed by state Attorney General James S. Gilmore III.

The matter will come to a head next Wednesday when the legislature convenes to consider this and 12 other measures Allen vetoed. Democratic leaders acknowledged that it would be impossible to get enough votes from Republicans to earn a two-third majority needed to override the governor.

A more likely tactic, they said, would be to ignore the veto on the ground that it is unconstitutional.

But a confrontation may be unavoidable. Allen has vowed to refuse to apply for the funds even if two-thirds of the school boards request them.

House Majority Leader C. Richard Cranwell, D-Roanoke County, said Democrats may have no recourse but to sue. ``A lot of people would be involved in that decision but it would be my feeling that we should.''

``It would be unfortunate to end up in court,'' replied Ken Stroupe, Allen's press secretary. Stroupe added, ``We will not submit. What the Democrats are seeing as buried treasure is really fool's gold.''

Cranwell said the governor's objection to Goals 2000 is a thinly veiled effort to win favor with the religious right, which opposes federal intervention in education.

``It pains me to see the governor pandering to such a small but vocal minority in the Republican Party,'' he said. There are those who fear the federal government has some sort of conspiracy to take over local schools. It's not true.''

Indeed, many of the objections to Goals 2000 come from Christian conservatives such as Michael P. Farris, a former GOP nominee for lieutenant governor and national home schooling leader, and Gary Bauer, director of the Family Research Council in Washington.

Farris accused the federal government of using Goals 2000 to try to force ``outcome based education'' - which stresses the teaching of social skills as well as academic ones - on public schools.

``It's part of the politically correct, gobbledygook standards that the left-wing wants to teach,'' Farris said. ``It's just the opposite of the back-to-basic standards we need to teach.

``Allen is our hero,'' Farris added.

Allen pledged to oppose outcome-based education during his 1993 campaign and, since elected, has installed back-to-basic standards in schools.

His deep dislike of federal intervention in state affairs goes beyond education. He unsuccessfully has sued the federal government trying to reverse a variety of dictates effecting environmental regulation, education and voter registration.

Democrats say that the federal government attaches no academic requirements to the Goals 2000 money and only requests that localities meet guidelines on monitoring and reporting how the money is being spent.

They also point to language in the Goals 2000 legislation, passed in 1994, which forbids the federal government from meddling. It reads, in part:

``No actions shall be taken under the provisions of this Act by the federal government which would, directly or indirectly, impose standards of requirements of any kind through the promulgation of rules, regulations, provisions of financial assistance and otherwise which would reduce, modify or undercut state and local responsibility for control of education.''

Many states which participate in the program say the federal government has remained true to its word. ``Their primary concern seems to be helping us to find ways to use the money effectively and to support the state rather than coming at us with mandates,'' said Weaver Rogers, a spokesman for the North Carolina board of education.

South Carolina Gov. David Beasley, a Christian conservative Republican, joined Goals 2000 after making it clear that the state would withdraw if there was any imposition by the federal government. He has not had to carry out his threat.

``I think (the federal government) indeed lived up to their hands-off approach in approving our plan,'' said Pamela Pritchett, a spokeswoman for South Carolina's Department of Education. ``If we ever see any evidence of that changing, we will not participate.''

Allen says the money from Goals 2000 would only result in ``a few pennies a day'' extra for Virginia students. But Cranwell argued the $6.7 million sum could pay for standardized achievement tests in an additional two grades in Virginia.

Lt. Gov. Donald S. Beyer Jr. noted that while the governor is up in arms over the Goals 2000 money, he has expressed no qualms about accepting about $335 million a year in other education money from Washington.

``If this is such an ideologically important issue to him, why isn't he arguing that we should give back all the money we receive?'' Beyer asked. MEMO: ABOUT THE PROGRAM

What is Goals 2000? - A federal program that gives money to the

states to improve schools.

What's at stake? - $6.7 million that is available to Virginia, one of

the few states to refuse the money.

Why is the governor saying no? - Because he doesn't like the

conditions that he says are attached to the money.

What's next? - A fight is expected next week when the General

Assembly reconvenes in Richmond.

GOALS 2000

National education goals, to be met by the year 2000:

All children in America will start school ready to learn.

The high school graduation rate will increase to at least 90

percent.

American students will leave grades four, eight and 12 having

demonstrated competency in challenging subject matter, including

English, mathematics, science, history and geography; and every school

in America will ensure that all students learn to use their minds well,

so they may be prepared for responsible citizenship, further learning

and productive employment in our modern economy.

The nation's teaching force will have access to programs for the

continued improvement of their skills.

U.S. students will be first in the world in science and mathematics

achievement.

Every adult American will be literate and will possess the knowledge

and skills necessary to compete in a global economy and exercise the

rights and responsibilities of citizenship.

Every school in America will be free of drugs and violence and will

offer a disciplined environment conducive to learning.

Every school will promote partnerships that will increase parental

involvement and participation in promoting the social, emotional and

academic growth of children.

KEYWORDS: SCHOOLS EDUCATION FEDERAL GRANTS GENERAL ASSEMBLY by CNB