By Ellen Nakashima and Spencer S. Hsu
Washington Post Staff Writer
Sunday, February 15, 1998; Page A01

The Virginia House of Delegates voted overwhelmingly today to reinstate the requirements that public schools provide sex education and elementary guidance counselors, approving legislation that would overturn key parts of former Gov. George Allen's record in education.

But hours after that victory, House Democrats failed in a surprise attempt to pass a measure to wipe out Virginia's 4.5 percent sales tax on food. The proposal, a direct assault on Gov. James S. Gilmore III's plan to slash the car tax, died on a straight party-line vote of 50 to 50 as the chamber's lone independent joined all 49 Republicans in opposing the measure.

With 21 Republicans joining the chamber's Democrats, the House voted 69 to 26 to require schools to teach sex education. Nine Republicans supported the bill to reinstate the mandate for elementary guidance counselors, which was approved by a vote of 59 to 39.

The education bills, which lawmakers expect will receive final House passage Sunday, are likely to pass the Senate, opponents conceded. Gilmore (R) opposes both proposals but has stopped short of saying he would veto them.

The Virginia Board of Education, dominated by appointees of Allen (R), decided in September to remove the state's 10-year-old sex education mandate, instead allowing local school boards to decide whether to continue offering the classes. The board also gave local districts the option of replacing elementary guidance counselors with reading teachers.

It was one of the Allen administration's most controversial actions, drawing praise from many conservative activists and criticism from Democratic lawmakers, who vowed they would try to reverse the changes.

House members who favored restoring the mandates argued today that with the number of broken families on the rise, it is more important than ever for children to have such instruction at school. They also noted that parents have the option of removing their children from sex education class or guidance counseling if they wish.

"A lot of children have absolutely no guidance at home," said Del. J. Paul Councill Jr. (D-Southampton), co-chairman of the House Education Committee. "They have no parents who are going to teach them about the birds and the bees. . . . I think the program is working. I have not had one parent, one teacher ask me to rescind it."

Conservative Republicans spoke against the bills, saying that sex education and guidance counselors ought to be a local option.

"We need to say to families that we give the power back to you again to take responsibility for your kids," said Del. M. Kirkland "Kirk" Cox (R-Colonial Heights), a high school teacher.

The issue split House Republicans, who have been making an effort to maintain party unity with Gilmore.

"It was a tough vote," said Del. John A. "Jack" Rollison III (R-Prince William), who voted in favor of the sex education mandate but against the guidance counselor bill. "We have to make a strong effort to reach out to young people and provide them the information to help them make very difficult decisions."

Religious and social conservatives in Virginia long have complained about both school programs. They say some sex education classes do not put enough emphasis on abstinence and that the lessons taught by guidance counselors undermine parental authority.

Gilmore narrowly avoided a major embarrassment in the tie vote on sales tax relief. What two weeks ago was a Democratic pipe dream to offer up an alternative to his plan to cut the car tax has suddenly become a serious distraction for him.

Clearly surprised by the Democrats' move, Republicans -- in a debate lasting more than an hour -- argued that eliminating the sales tax on food would disproportionately favor Northern Virginians, who pay more than a quarter of the state's sales tax.

The plan, sponsored by Del. Barnie K. Day (D-Patrick) as an amendment to another piece of legislation, would have phased out the food tax by July 1, 2002.

Offering what he called a "Valentine's Day amendment on behalf of 6.5 million Virginians" for "fair and equitable" tax relief, Day said his plan would cost $1.7 billion and provide $250 million for school construction grants, compared with Gilmore's $2.8 billion program to reduce the car tax over five years.

Democrats said the food-tax cut was simpler, more fair and more generous to lower-income Virginians than Gilmore's plan, and would not strain the state's revenue as much.

"We're talking about making a reduction for everyone in the commonwealth, not just those who have cars," said Del. L. Karen Darner (D-Arlington).

The House deadlocked, 50 to 50, on a Republican attempt to kill the bill by referring it to committee. The bill died when Democrats failed to break the tie and advance the measure to a vote.

"This proposal has not gone through the legislative process and seen the bright light of day," said Del. Robert F. McDonnell (R-Virginia Beach). "It is premature for us to vote on such a major, significant piece of legislation."

Afterward, Democrats vowed to continue pressing for an alternative to Gilmore's tax cut, which remains in House and Senate subcommittees, facing a Tuesday deadline for action.

"This is probably Round One," said Democratic Floor Leader C. Richard Cranwell (Roanoke), who added that the point was to get Republicans' votes on the issue on record. "It ain't over till it's over, and that's sometime in March."

Gilmore deputy press secretary Lila Young responded: "It's 1-0 in our favor."

While another Democratic bill to cut the food tax remains alive in the House Finance Committee, Republicans said tonight's partisan fracas likely hurt its chances for passage.

"This very unsavory trick left a bad taste in the mouths even of those who might have been favorably inclined to the food-tax [cut]," said J. Scott Leake, spokesman for the Republican caucus.

Advocates of increased school construction aid got a boost on another front today, as the House Appropriations Committee passed a bipartisan plan that would commit the state to helping localities pay for the building projects. The legislation, sponsored by Dels. Thomas M. Jackson Jr. (D-Carroll) and Anne G. Rhodes (R-Richmond), would earmark gradually increasing percentages of lottery profits toward school construction grants.

The plan calls for moving up to 15 percent of lottery proceeds, or $50 million, to a school construction fund the first year. The percentage would increase to 100 percent in the sixth year.

The Senate Finance Committee last week rejected a package of school construction bills, however. And Gilmore has said he supports further study of the problem before passing such proposals.

In other action, the House voted 82 to 18 against a bill to raise the speed limit on all interstate highways, including the Capital Beltway, to 70 miles an hour. The legislation also would have raised the speed limit on divided limited-access highways to 65 miles an hour and the speed limit on divided highways to 60 miles an hour.

"If you raise it to 70 miles per hour, human nature being what it is, people will be going 80 and 90 miles per hour," said Del. Robert G. Marshall (R-Prince William).