THE VIRGINIAN-PILOT 
              Copyright (c) 1997, Landmark Communications, Inc.

DATE: Thursday, January 23, 1997            TAG: 9701230373
SECTION: LOCAL                   PAGE: B2   EDITION: FINAL 
SOURCE: BY WARREN FISKE, STAFF WRITER 
DATELINE: RICHMOND                          LENGTH:   48 lines

PANEL OKS PARENTAL RIGHTS AMENDMENT IF MEASURE PASSES SENATE, IT'S LIKELY TO FAIL IN HOUSE, PROPONENTS SAY.

Despite warnings that it could expose public schools to a sea of lawsuits, a Senate panel on Wednesday night approved a proposed state constitutional amendment intended to give parents more control over their children.

On a partisan 8-7 vote, Republicans on the Senate Privileges and Elections Committee backed calls for a parental rights amendment, which supporters said merely affirms the fundamental rights of mothers and fathers to stand up to the state bureaucracy in matters concerning their children.

The proposal would amend the state constitution to read ``The right of parents to direct the upbringing and education of their children is a fundamental right.''

More than 500 people packed into a public hearing on the proposal, which has been strongly endorsed by a number of evangelical groups, including Pat Robertson's Christian Coalition.

``The trend is for bureaucrats and educators to disregard parental rights,'' said Walt Barbee, executive director of the Family Foundation, a conservative Virginia lobbying group. ``This will put everyone on notice that there must be a compelling public interest to override parental rights.''

Although 28 states have considered similar amendments in recent years, the proposal has yet to be successful anywhere. The measure still faces a difficult road in Virginia. Even if it passes in the Senate, in which each political party holds 20 seats, proponents acknowledge the amendment is likely to fail in the Democratic-controlled House of Delegates.

``I'm confident we're opening up a Pandora's box and a veritable sea of litigation,'' said Sen. Mary M. Whipple, D-Arlington, who led opposition to the measure.

Opponents said the amendment could allow any parent dissatisfied with his child's school to sue over the curricula. They said the measure could make it difficult to prosecute parents for child abuse or refusing to seek medical attention for their children.

``I have a great deal of concern about these constitutional issues, because we cannot possibly know what this amendment means,'' said Robert Horan, commonwealth's attorney from Fairfax County.

Backers of the amendment labeled such concerns ``paranoid.'' They said a body of case law would affirm the state's right over parents on matters of ``compelling public concern'' such as requiring mandatory school attendance, immunization and preventing child abuse.

KEYWORDS: PARENTAL RIGHTS AMENDMENT VIRGINIA STATE SENATE

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