By Elana Simms

"I do not believe the students of Virginia should be 'carrier pigeons' for political groups."

That's why Delegate Jay O'Brien, R-Fairfax, says he is sponsoring a bill to require public schools to be neutral in the material they send home with students.

The bill passed the House last month. And on Tuesday, the Senate approved its version, 32-7. The proposal now goes back to the House for approval of minor changes made by senators.

The legislation stems from an incident in Fairfax County, where a student brought home a brochure urging parents to oppose tuition tax credits. The brochure had been published by People for the American Way, a group often associated with liberal causes, and was being distributed by a school's Parent-Teacher Association.

"There are a multitude of avenues to express the political points of view," said O'Brien, who sits on the House Education Committee. "If any group adopts a political position, let them use mail, not the kids.

"I feel very strongly that anything that goes home in a backpack is heavily weighted with the endorsement of the school. Whether the parents realize it or not, it carries with it the authority of the school system."

O'Brien said the bill is necessary to ensure that students aren't sent home with material that may look like the schools are advocating certain political stands.

"I've worked hard with the PTA in Virginia and the School Boards Association to arrive at language that does not prevent candidate's debates or student participation in campaigns or political discussion as part of the context of class discussion," he said.

"What it does is say that the school systems have to be neutral in the material that they send home."

Opponents said the proposal was an overreaction to a single incident. They called it a gross intrusion by the state into the authority and judgment of local school boards.

"What we have here is one incident – one incident in one locality that was in violation of the school board policy,'' said Sen. Edward Houck, D-Spotsylvania. "This is absurd."

Why have local elected school boards, Houck asked, if the General Assembly is going to jump in and usurp their authority?

The Virginia School Boards Association believes the bill represents state micromanagement of schools.

Joan McKenna, an attorney for the association, said the kind of materials schools can send home "should remain a matter of local policy."

Some legislators fear the proposal would discourage student involvement in the political process.

"Many of the school systems in Fairfax County are hesitant to get their kids directly involved in the political process," said Del. James H. Dillard II, R-Fairfax.

"We want to be sure that we don't put any kind of dampening effect on trying to teach students and incorporate them in the political process."

Delegate Donald L. Williams, D-Norfolk, agreed. He said there's a fine line between using political material in a campaign and using it to educate students about the political process. "I'd hate to see us put so many dampers on the school system," he said.

O'Brien's bill says, "Local school boards shall develop and implement policies, no later than Aug. 1, 2001, consistent with constitutional law and principles regarding the neutrality of communications and materials sent from public school through students to parents. Such policies shall not be crafted or construed to ban the discussion of use of political materials in the context of appropriate class discussions."

The bill includes a reenactment clause, meaning it must be approved not only this session but also by the 2001 General Assembly.