ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, March 4, 1994                   TAG: 9403040197
SECTION: VIRGINIA                    PAGE: B2   EDITION: STATE 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium


SCHOOLS' FEDERAL GRANT IN JEOPARDY

The U.S. Department of Education has refused to release a $50 million grant until the state guarantees it will educate disabled children who have been expelled or suspended.

In a recent memo to state Superintendent of Public Instruction William Bosher, the U.S. Department of Education said Virginia's special education plan will not be approved for funds.

The money will come only when the government is "assured that Virginia is operating its special education programs in a manner fully consistent with federal requirements," the letter from Assistant Secretary Judith Heumann said.

"The real critical issue is should the federal government be able to use $50 million as leverage to force Virginia to say to young people with disabilities that they can behave in any fashion as they please?" Bosher said.

"We've got to send a consistent message to young people who bring violent acts to school that they are not going to be tolerated."

The federal education department's office of special education programs has asked the state Department of Education to add language to Virginia's special education plan that guarantees a free, appropriate education to all disabled students.

"There's no foundation in law or regulation for the request which is being made," Bosher said.

The grant is used to hire people who provide special education services.

Bosher and Gov. George Allen unsuccessfully appealed to U.S. Secretary of Education Richard Riley to release the grant while discussions continue.

In a Feb. 18 letter to Riley, Allen said he is concerned about school safety and discipline.

The government's policy "essentially instructs students with disabilities that they may violate school disciplinary rules without impunity," Allen wrote.

Bosher said the state will "continue to seek a resolution while not compromising the message that we send to young people."


Memo: shorter version ran in the Metro edition.

by CNB