In the first veto of his tenure, Gov. Bob McDonnell rejected a measure that would require 150 minutes of physical education each week — recess excluded — for public elementary and middle school students.
It's a major victory for the public school lobby, which saw it as an unfunded mandate with damaging unintended consequences.
McDonnell, a Republican who espouses a small-government philosophy and rails against mandates from Washington, vetoed the bill while calling its fat-fighting objective laudable.
"I have long opposed significant unfunded mandates passed from one level of government to another," McDonnell said. "Thus, I cannot in good conscience sign this legislation."
Pushing for the bill to become law were health-advocacy groups, 13 of which wrote to McDonnell this week urging his support for the effort intended to combat childhood obesity.
The measure passed the Senate 37-2 but left the House 55-40, making it impossible for lawmakers to override the veto if the House margin remains intact.
Physicians introduced the bill in both chambers. Del. John M. O'Bannon III, R-Henrico, sponsored it in the House, and Sen. Ralph S. Northam, D-Norfolk, did in the Senate.
Northam said on Thursday that he and others worked hard to get the bill through the Republican-controlled House and Democrat-controlled Senate. He's disappointed with the veto but said he understands the governor's position.
"This is a real epidemic we have with childhood obesity, not only with quality of life but with cost issues," he said. "I'll continue to do everything I can for children's health. I'll work on it again next year."
McDonnell said he supported the goal but took issue with the approach.
"Education officials advised me that this measure would cost them tens of millions of dollars," he said, adding that Chesterfield County places its potential costs at $6.9 million.
"In addition, this mandated time for physical education would exceed the time dedicated to any other subject in our public school system, and potentially cut into crucial time in the classroom needed for instruction in math, science, history and reading."
Patrick Lacy, counsel for the Virginia School Boards Association, has said that of the 330 minutes of school time required each day for public elementary schools, the PE requirement on top of other obligations would leave 22 minutes for art, music, library and foreign language.
The measure would have taken effect in 2014.
Chesterfield schools spokesman Shawn M. Smith said on Thursday that the district supports the underlying goal of the legislation and stands ready to assist "in other efforts to promote healthy lifestyles for our children."
The Virginia chapters of the American Academy of Pediatrics, the American Cancer Society and the American Heart Association said McDonnell "missed an unprecedented opportunity to help address childhood obesity, a pressing and costly public health crisis."
"Today, nearly one in three Virginia children is overweight or obese," according to the groups.
First lady Maureen McDonnell has also made combating childhood obesity and promoting preventive health care among her top issues.
McDonnell acknowledged those efforts but said, "We should not attempt to achieve important goals by disproportionately placing the burden of implementation on others."
He pledged to work on the issue as part of a comprehensive review of curriculum priorities for schools over the next year. And government alone can't slim down children, he said.
"Kids need to get off the couch and away from the computer and onto a soccer field or basketball court."
(804) 649-6812
Jeremy Slayton contributed
to this report.
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